Terms of Service

1.2.  Documentation of the API

The documentation of the APIs includes access to resources containing multiple data records and technical documentation related to the API, notably the swagger.

1.3.  Accor test environment

To support the development of Your application, Accor provides a testing environment for the APIs.

Once You access the Portal and create Your application, You may access one or several APIs on the testing environment.

Accor shall use its best efforts to provide You with the documentation to the APIs on the Portal and, where necessary, parameters for the use of the APIs.

You may then use the testing environment to integrate the APIs and, when You deem the APIs ready for use in a production environment, You may request that the production validation committee validate the integration in order to obtain Your access to the production environment for these APIs. For such validation, You will provide all relevant information requested by the committee.

1.4.  Production and Go live

If everything is validated on the test environment, You will need to request a Prod validation committee to use Accor API in production through our API Platform Support Center accessible at https://myaccor.service-now.com/api_platform or https://developer.accor.com/contact?subject=request-golive-to-use-api.

Your request must contain the following information:

• Context of the APIs usage;
• Needed APIs;
• Sensitive data shared between Accor and You (list to be provided);
• Confirm if there is a contract signed between Accor and You (sensitive data, type, usage);
• Estimation of volumes (API calls) (per hours, per day, per month);
• Date for the Go live.  

Then, Accor will review Your request and schedule a short committee with You to go over these shared elements. The Prod validation committee will occur in the next seven (7) days following Your request.

The Go live will occur seven (7) days after the Prod validation committee.

The use of APIs in production is subject to a dedicated agreement entered into between You and Accor.

1.5.  Access to Service and availability

Accor will use commercially reasonable efforts to make the APIs available 24 hours a day, 7 days a week, except for planned downtime, unforeseen circumstances or force majeure events.

Accor will not be liable for failure to provide access to the APIs due to any emergency maintenance, any catastrophic system failure at Accor, any failures of Customer's equipment or systems including internet network failure, or due to acts outside the control of Accor. You are informed of the risks inherent in the use of the Internet, in particular in terms of security defects in the transmission of data and of non-guaranteed availability of access to the API.

Accor disclaims any liability for any inconvenience, loss or damage in connection with the use of the internet, in particular but without restriction, poor transmission and/or receipt of any data and/or information over the internet, the failure of any receiving equipment or lines of communication, any malfunction of the internet preventing the proper operation of the API and, more generally, any loss or damage arising out of the use of the API, the internet and information and telecommunication systems. Neither Accor nor its directors or employees shall be liable for any loss or damage, howsoever caused, arising out of a use of the API, for which You are solely responsible. It is up to You to take all appropriate measures to ensure the security of Your equipment, data, software or other property, in particular against infection by any virus and/or attempted intrusion of which You might be the victim.

1.6.  Usage limitation

In order to guarantee a good service level for its clients, Accor sets and enforces, at its sole discretion, limits on Your use of the APIs (e.g. Transaction Volume thresholds, TPS Throttling, ...).

If You would like to use any API beyond these limits, You must obtain Accor’s express consent (and Accor may decline such request or condition acceptance on Your agreement to additional terms and/or charges for that use). To seek such approval, You can use contact our API Platform Support Center accessible at https://myaccor.service-now.com/api_platform or https://developer.accor.com/contact.

1.7.    Changes to APIs and updates

You acknowledge that the APIs are subject to evolutions. Due to the nature of the APIs, Accor may from time to time make changes to the APIs, which will include adding, updating or discontinuing any API or part of the API.

For existing APIs, Accor may make minor changes that should not break the interface compatibility with clients.

Accor may also make major changes with compatibility breaking change on an API interface. In this case You will be given a reasonable notice period to migrate to the new API interface. After this period the old API interface will be deprecated then decommissioned.

Accor shall use reasonable efforts to inform You of such changes in advance so that You may continue using the API with minimal interruption. If You disagree with such changes, Your sole remedy is to terminate these API Terms of Service, as provided under Article 6.

In the event that a security breach detected by Accor is likely to seriously compromise the security of the API, Accor may, without notice, temporarily interrupt access to the APIs in order to remedy the security breach as soon as possible. In this case, You will not be entitled to claim any compensation or to hold Accor liable for any reason whatsoever.

2. Your obligations

You are responsible for connecting the API Yourself. It implies You have the relevant IT skills to perform the implementation of the API into Your IT system.

You are fully responsible for Your use of the API, and the development, functioning and maintenance of Your application and/or IT system. You must comply with and act in accordance with all instructions, documentation, systems, software and other requirements as stated on and/or made available by Accor in relation to the API.

Accor supports and promotes the values of tolerance, diversity and respect for others.

You undertake to respect these values when using the API. In addition to any specific obligation communicated to You with the access to the APIs, You undertake:

• not to make any discriminatory, racist, xenophobic, anti-Semitic, insulting, malicious, obscene, illicit or other violent or pornographic comments, nor to publish any content contrary to public order or morality in any way whatsoever while browsing and using the API;
• not to publish any content that may be harmful, defamatory, unauthorized, malicious or infringing on privacy or publicity rights, inciting violence, racial or ethnic hatred or which may be described as gross indecency or incitement to commit certain crimes or offences;
• not to impersonate any person or entity or misrepresent Your affiliation with another person or entity;
• not to use the API for political, propaganda or proselytizing purposes;
• not to infringe Accor's intellectual property rights on the API and its components;
• not to spam, intimidate, solicit or otherwise misuse the API;
• not to carry out illegal activities, by publishing content (photographs, images, texts, videos) involving minors in any way whatsoever;
• to notify Accor of any inappropriate content.

3. Intellectual property rights

3.1 License to use the API and API Data

The APIs and API Data are the exclusive property of Accor and/or its affiliates and/or third parties from which Accor has acquired license rights.

Accor grants You a worldwide, limited, personal, non-exclusive, non-sublicensable, non-transferable license to use (i) the API (ii) the API Data, in any format, for the duration of the provision of the API as indicated in Article 6 below.

The sole purpose of this license is to allow You to use the API in accordance with these APIs Terms of Service. You must not use the APIs in any way that would, or would be likely to contribute to break, disrupt, detrimentally interfere with, degrade the performances of, circumvent the security of, or test the vulnerability of, any part of the APIs or any underlying systems or networks of Accor.

You must not reproduce, make available to third parties, reverse-engineer, decompile, disassemble or otherwise derive source code, trade secrets, or know-how in the APIs, or create derivative works to access the API unless otherwise permitted by applicable law or with Accor’s prior written agreement.

You shall adopt and cause to be adopted the necessary provisions, in particular those of confidentiality and security, to prevent unauthorised reproduction, use and/or dissemination of the API Data both within and exterior to its company.

You shall not, without prior express and written authorization from Accor:

• market the API and API Data and any part of it;
• delete or modify any proprietary or copyright legend or trademark included in the API and API Data.

In case of agreement from Accor, any reference made to the content of the API and API Data must be followed by the statement "Source: all rights reserved by Accor or its licensors". The presentation of the API and API Data must in no way mislead those to whom they are disclosed in terms of origin, content, purpose or scope.

If You modify or adapt API Data, You must not alter the meaning of the information contained therein, nor render such API Data inaccurate. You must not modify or adapt any API Data in a manner that may cause harm or prejudice to Accor. In any case, Accor may not be held liable for any API Data which have been modified or adapted.

The databases containing the API Data made available through the APIs are owned by Accor. You acknowledge that the content of such databases may be the result of substantial investments by Accor and marked as such. You must not attempt to rebuild the databases exposed through the API, nor to extract, scrape, or reuse, in whole or in quantitatively or qualitatively substantial parts, such content.

3.2 Right to use Your data

You may submit data to Accor through the API if applicable, as described in the API documentations and in compliance with any requirements set forth in the API documentations, including formats and specifications.

For any data You submit through an API, You grant Accor a worldwide, non-exclusive, transferable, royalty-free license, for the duration of protection of applicable intellectual property rights (and any extension thereof), to use, reproduce, modify, adapt, translate, create derivative works, represent, and make available such data, and any content contained therein, in whole or in part, for the purposes of contributing to API Data, improving the API, and any other products and services of Accor, including for commercial purposes. Accor reserves the right to refuse or deny any such data submitted by You, at its discretion.

You represent that You are entitled to grant all the rights subject to this license, and You agree to indemnify Accor against any claims from any third parties relating to data submitted by You.

You must ensure that any data submitted by You is accurate and as precise as possible, and You must maintain the accuracy of such data. You must ensure that any data You submit is not corrupted, and You must not submit any trojan, malware, virus or other harmful data.

4. Pricing

The APIs are provided to You free of charge.

5. Duration and termination

These API Terms of Service enters into force upon Your acceptance of them. The API is provided on a monthly basis, renewable by tacit agreement.

You may stop using the API at any time and terminate these API Terms of Service, upon written notice to Accor. Accor may terminate these API Terms of Service at any time upon written notice to You. Termination will take effect at the end of the current month provided the termination notice has been duly received by Accor.  

You acknowledge that in case of breach of these API Terms of Service or unreasonable or excessive use of the API, Accor may immediately suspend or terminate Your access to the API.

Termination of the API Terms of Service does not affect surviving provisions which by nature, are intended to continue to apply.

6. Warranty

You expressly understand and agree that Your use of the API and/or API Data is at Your sole risk and that the API and the API Data are provided “as is” and “as available” by Accor.

Accor does not provide any warranty of any kind, including with regard to the accuracy, usefulness, or fitness for purpose of any API Data, nor with regard to the availability or uninterrupted use of the API.

The limitations stipulated herein apply to the maximum extent permitted under applicable law and You expressly acknowledge that Accor cannot be held liable in any way for:

• suspension of access to the API for maintenance purposes;
• reduced performance or temporary or permanent unavailability of the API;
• interruption of the API;
• damage resulting from fraudulent intrusion by a third party leading to a modification of the information made available on the API;
• the occurrence of any damage resulting from Your fault, misuse of the API or negligence;
• and more generally for the inability to access the API, Internet network mal-functions, defects, viruses or the credit given to any information coming directly or in-directly from the API.

7. Indemnification

You will defend and indemnify Accor and its affiliates, directors, officers, employees, licensors (the "Indemnified Parties") against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:

1. Your use of the APIs or the API Data in breach of these API Terms of Service or applicable policies and terms;
2. Your use of API Data to create Your own software, applications, products and services infringes a third party’s rights or violates applicable law; or
3. Where applicable, Your data submitted by You through the APIs.

You will cooperate as fully and as reasonably required in the defense of any allegation or third-party legal proceeding. Accor reserves the right, at its own expense, to assume the exclusive control and defense of any indemnified matter under this provision.

8. Limitations of liability of Accor

Accor shall only be responsible for the operation and performance of the APIs as stated hereunder and expressly disclaims any liability with regards to any products and/or services provided by You. As such, Accor may not be held responsible for Your own use of the API and API Data. Any use, modification or adaptation of the API Data is under Your responsibility and at Your own risk.

You are solely responsible for (and Accor has no responsibility to You or any third party for) any breach of Your obligations under these API Terms of Service and any loss or damage that Accor may suffer.

Accor shall not be liable for any indirect damages including loss of profits, revenues, sales, data or other intangible loss as a result of the use of the API and/or API Data or resulting from the performance of these API Terms of Service.

IN THE EVENT OF A BREACH OF THESE API TERMS OF SERVICE, ACCOR’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THESE API TERMS OF SERVICE SHALL BE LIMITED TO € 10.000. ACCOR’S LIABILITY SHALL NOT BE LIMITED TO DEATH, PERSONAL INJURY RESULTING FROM THEIR OWN ACT OR NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; OR ANY OTHER LIABILITY TO THE EXTENT THAT SUCH LIABILITY CAN-NOT BE EXCLUDED OR LIMITED BY LAW.

9. Personal Data

You represent and warrant that You will comply with any and all applicable laws and regulations (including but not limited to the E.U. General Data Protection Regulation “GDPR”) pertaining to the protection and use of “Personal Data”, defined as any information relating to an identified or identifiable natural person, and more generally, to take all the necessary steps with the relevant authorities pursuant to the provisions of local law and, as from its entry into force, to comply with all provisions incumbent upon it under the GDPR.

For access and use of the API, Accor may process Your Personal Data, as further described in the Portal Terms of Use available at https://developer.accor.com/terms_of_use and in the agreement entered into between You and Accor.

10. Confidentiality

The term "Confidential Information" means any information that could reasonably be regarded as Confidential Information by one of the Parties in light of the circumstances surrounding the disclosure; and any other Confidential Information that may be provided by a Party to the other Party under these API Terms of Service, such as business secrets, financial data, including prices, technical data, including the research, development, procedures, algorithms, software, API, API Data (unless permitted under these API Terms of Service), parameters, drawings, and know-how, commercial data, including operations, planning, marketing interests and products.

The Parties undertake to use the Confidential Information exchanged only within the framework of their contractual relationship and to respect each other with respect to its staff and its authorized subcontractors for the confidential nature of the said information. Without prejudice to the foregoing, the Parties undertake to bring these obligations of confidentiality to the attention of their staff and their possible authorized subcontractors in charge of the service and guarantee the respect by these persons of this obligation of confidentiality. The obligation of confidentiality continues beyond the termination of these API Terms of Service for a period of five (5) years.

11. Audit

Accor reserves the right to audit Your use of the APIs to verify compliance with these API Terms of Service. This audit is subject to reasonable prior notice and will not unreasonably interfere with Your business activities. Accor may conduct no more than one (1) audit in any twelve (12) month period, and only during normal business hours. You must reasonably cooperate with Accor and any third-party auditor and You must, without prejudice to Accor’s other rights, address any non-compliance identified by the audit.

12. Governing law and jurisdiction

These API Terms of Service and any disputes or claims arising out of or in connection with them are governed by and construed in accordance with the laws of France, without reference to rules governing choice of laws or without giving effect to any choice of law or conflicts of laws rules or provisions that would cause the application of the laws of any other jurisdiction.

IN CASE OF ANY COMPLAINT OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, INTERPRETATION OR PERFORMANCE OF THIS PORTAL TERMS OF USE, YOU AND ACCOR SHALL ENDEAVOUR TO FIND AN AMICABLE SOLUTION. FAILING AMICABLE RESOLUTION, YOU CONSENT TO AND WAIVE ANY OBJECTION TO THE EXCLUSIVE JURISDICTION AND THE COMMERCIAL COURT OF PARIS WITH RESPECT TO ANY CLAIMS, SUITS OR PROCEEDINGS.

13. General provisions

A waiver by any Party of any of its rights under this API Terms of Service must, in order to be valid, be made in writing.

If any stipulation(s) of these API Terms of Service or the application thereof shall be invalid or unenforceable to any extent, the remainder of these API Terms of Service and the application of such stipulations shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

In the event of any inconsistency between these API Terms of Service and the API Portal Terms of Use, these API Terms of Service shall prevail.

Any data entered, sent, or received and any logs on any access or operation made in the API, including to the API, automatically generated by Accor regarding use of the API shall be admitted by You as valid evidence for all purposes. You accept that any electronic evidence resulting from the Portal will be admissible, valid, enforceable and will have the same evidentiary value as written evidence.

Any notices required or made pursuant to these API Terms of Service must be in writing. Accor may notify You directly on the Portal, or through Your interaction with the API. Any notice, information or complaint made by You under these API Terms of Service, to Accor, must be sent through the Portal or at accor.openapi.support@accor.com.

You may not assign, delegate or subcontract any of Your rights or obligations under these API Terms of Service without the prior written consent of Accor.