TERMS AND CONDITIONS

QUIET POOLS OFFERINGS . TERMS AND CONDITIONS

These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through agents) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “Platform”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

These pages, the content and infrastructure of these pages, and the online reservation service (including the facilitation of payment services) provided by us on these pages and through the website are owned, operated and provided by Quiet Pools Inn Enterprises with RC Business number ……………. and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below:

1. DEFINITIONS

“Quietpoolsinn”, quietpools”, “quietpoolsinnandresidence”, “us”, “we” or “our” means Quiet Pools Enterprises, a business unit incorporated under the laws of the Federal republic of Nigeria, and having its registered address at No.2A, Richard Adejumo close, BOET estate, Adeniyi Jones, Ikeja, Lagos. “Platform” means the (mobile) website and app on which the booking Service is made available owned, controlled, managed, maintained and/or hosted by quietpoolsinn.com under Godaddy hosting. “Booking/Reservations” means the various different hospitality products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined or consummated by you from the us as Provider.

“QPI Provider” means the professional provider of accommodation (e.g. hotel, motel, apartment, bed & breakfast), attractions (e.g. (theme) parks, museums, sightseeing tours), transportation provider (e.g. car rentals, cruises, rail, airport rides, coach tours, transfers), tour operators, travel insurances, and any other travel or related product or service as from time to time available for the Reservation on the Platform.

“QPI Service” means the online purchase, order, (facilitated) payment or reservation service as offered or enabled by quietpoolsinn.com in respect of various products and services as from time to time made available by our hospitality service and that of those partnering with us on the Platform. “QPI Reservation” means the order, purchase, payment, booking or reservation of a Trip.

2. Scope and Nature of our Service

Through the Platform, we (Quietpoolsinn.com and its affiliate (distribution) partners) provide both a location business and an online platform through which hospitality is provided to our clients/guests at large – in a professional manner of conducting business – offerings (products, services and rental facility)

You enter into a direct (legally binding) contractual relationship with our partners or us with a reservation or purchase of a product or service (as applicable). From the point at which you make your Reservation, we transmit all the relevant details of your Reservation to you by a confirmation email.

3. Prices, Best Price Guarantee and QPI-Connect Loyalty rewards Programme

The prices as offered by QPI on our Platform are highly competitive. All prices for your stay or service are displayed excluding VAT/sales tax and all other taxes (subject to change of such taxes), unless stated differently on our Platform or the confirmation email/ticket. Prices are per person or group and subject to validity or expiration as indicated on the sold product or service if applicable. In the event of a no-show or cancellation, fees will be charged according to the booking.

Sometimes cheaper rates are available on our Platform for a specific stay, product or service, however, these rates made available by other partner agents or providers may carry special restrictions and conditions, for example non-cancelable and non-refundable. Please check the relevant product, service and reservation conditions and details thoroughly for any such conditions prior to making your reservation.

We want you to pay the lowest price possible for your product and service of choice. Should you find another hotel of choice online comparable or in the league of our hotel in the vicinity through ONLY our online platform, we will negotiate down at a lower rate on the Internet after you have made a confirmed reservation through us. We will match the difference between our rate and the lower rate under the terms and conditions of the We Price Match. Our We Price Match promise does not apply to non-accommodation (lodging) related products and services.

The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary at time of payment.

Obvious errors and mistakes (including misprints) are not binding.

All special offers and promotions are marked as such. If they are not labeled as such, you cannot derive any rights in the event of obvious errors or mistakes.

QPI-Connect Loyalty programme

The QPI-Connect rate is a discounted rate offered by us only to those with our registered and frequent loyalty reward cardholders for certain rooms/accommodation types.

The Genius rate is for members of our loyalty programme. These rates are for that individual and are non- transferable.

Quietpoolsinn reserves the right to revoke and cancel the membership of any individual in the event of abuse such as; violation of our terms, use of invalid credit cards, unauthorized credit card recharges and misuse of the guest reviews.

Quietpoolsinn reserves the right to revoke and cancel the membership of any individual who engages in inappropriate behaviour, such as violence, threat, harassment, discrimination, obscenity or fraud in relation to our business (or its employees and agents) and/or the property (or its employees and agents).

The QPI-Connect rate cannot be combined or used with other discounts (unless approved by the accommodation or indicated otherwise). Please note these terms may be adjusted from time to time without notification.

3. Privacy and cookies

4. Credit card or Bank transfer

Our on-line portal quietpoolsinn.com respects your privacy. Please have a look at our privacy and cookies policy for further information.

We allow the Reservation process to be paid by means of secure online payment (all to the extent offered and supported by your bank). Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider through a third party payment processor.

For certain (non-refundable) rates or special offers, please note that we may require that payment is made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorized or charged (sometimes without any option for refund) upon making the Hotel Reservation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your Reservation. You will not hold us liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by any of our online portals (e.g Jumia.com) and not (re)claim any amount for any valid or authorized charge by the them (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.

In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at a fixed price (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorized transactions resulting from a reservation made on our website, we will pay you this deductible, up to an aggregate amount of N20,000.00 only (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (customerservice@quietpoolsinn.com). Please state ‘credit card fraud’ in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using our website secure server and the unauthorized use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.

5. Pre-payment, cancellation, no-show and fine print

By making a Booking or Reservation with us or any of our online portals, you accept and agree to the relevant cancellation and no-show policy stated in our T & C link under www.quietpoolsinn.com and to any additional (delivery) terms attached that may apply to your booking/reservation (including the fine print of S & C made available online), including for services rendered and/or products offered by us.

The general cancellation and no-show policy is made available on our website during the reservation procedure and in the confirmation email or ticket (if applicable). Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Applicable governmental taxes may still be charged by us in the event of a no-show or charged cancellation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation.

Kindly note that a Booking/Reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy we hold on the reservation. Cancellation and prepayment policies may vary per segment, product or service of each Trip. Carefully read the fine print and important information in your reservation confirmation for additional policies as may be applied by us (e.g. in respect of identification, age requirement, security deposit, non- cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless we opt an agreement with you that allows otherwise under our payment and cancellation policy.

If you wish to review, adjust or cancel any Reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with T & Cs in place. We recommend that you read the cancellation, (pre) payment and no-show policy carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.

If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with us so we know when to expect you to avoid cancellation of your Trip (Reservation) or charge of the no-show fee. Our Client’s service department can help you if needed with informing the front desk executive. Quiet Pools will not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by your booking through portals or our website.

6. Correspondence and Communication

By completing any booking/reservation through any of our mediums, you agree to receive (i) an email which we may send you within 24 hours of your confirmed payment confirming your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your Reservation and destination, (ii) an email after arrival to rate the experience at check-in and (iii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. See our privacy and cookies policy for more information about how we may contact you. Kindly use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.

Any claim or complaint against Quiet Pools Customer Service must be promptly submitted using compliants@quietpoolsinn.com, but in any event within 15 days after the scheduled day of consummation of the product or service (e.g. check out date). Any claim or complaint that is submitted after the 15 days period may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.

Due to the continuous update and adjustments of rates and availability, we strongly suggest to make screenshots when making a reservation to support your position (if needed).

7. Ranking and Guest reviews

Our actual ranking with different portals will be different for each customer and for each search as there are many criteria included, for example the popularity of an accommodation premises among our visitors (e.g.

guest reviews), customer service history (including the number and type of guest complaints), certain booking- related data (e.g. number of bookings, cancellations, conversion rate, overbookings, availability, etc.) and the (past) browsing activities of a visitor. A customer can choose to rank for example an accommodation on the basis of review scores, accommodation type (etc.). A customer thus has full control on the presentation of the search results.

We do not determine our star rating displayed online but through hotel booking portals and vendors and the amenities we provide even in our small niche.

Only customers who have stayed at the Accommodation will be invited by us to comment on their stay to provide a score for certain aspects of their stay or may receive a rating request during their stay. The completed guest review (including submitted rating during your stay) may be (a) uploaded for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of our service, and (b) (wholly or partly) used and placed by us at our sole discretion (e.g. for marketing, promotion, or improvement of our service) on our website or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by us and our business partners. In order to offer and maintain recent (and therefore relevant) reviews, reviews can only be submitted within a limited period of time (28 days) after a stay and each review will only be available for a limited period of time (12 months) after posting.

We reserve the right to adjust, refuse, or remove reviews at our sole discretion insofar it violates our review policy. WE does not compensate or otherwise reward a customer for completing a review. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations, or incentives whatsoever. We undertake to use our best efforts to monitor and remove reviews that include obscenities or the mention of an individual’s name or reference to stolen goods.

Quiet Pools will not accept reviews, which include:

  • Profanity, sexually explicit, hate speech, discriminatory, threats, violence
  • Mention of full names, personal attack towards the staff
  • Promoting illegal activities (e.g. drugs, prostitution)
  • Sites, emails and addresses, phone numbers, cc details
  • Politically sensitive comments

8. Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the Reservation confirmation email (whether for one event or series of connected events).

However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of other sites or booking portals (iii) the services rendered or the products offered by the Trip Provider or other business partners, (iv) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the booking portal or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through our mediums of service including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Quiet Pools may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as we deem fit at our discretion. You are granting Quiet Pools a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Quiet Pools as we deem fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to our publishing and using these photos/images. We do not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use all photos/images are assumed by the person who uploaded the photo, and is not our responsibility. Quiet Pools disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting,

objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by us at any time and without prior notice.

9. Intellectual Property Rights

Quiet Pools exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).

10. Applicable law, jurisdiction, and dispute resolution

These terms and conditions and the provision of our services shall be governed by and construed in accordance with Nigerian law. Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession (hereinafter also referred to as “consumer”) can rely on the mandatory provisions of the law of the country where they have their habitual residence (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause; hereinafter: “Mandatory Provisions”). Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Lagos State, Nigeria.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

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