“The Finest Hotels of the World” continuously invests its resources into the exploration and development of new sales channels and advertising methods to better promote the visibility and marketability of the high quality hospitality services presented throughout the travel service websites we own and operate. You, the hotelier using our system, reap the benefits of our years of experience and advertising strategies FREE OF CHARGE.
CONTRACT FOR ACCESS TO AND USE OF THE WWW.FHOTELS.NET ON-LINE INTERACTIVE DATABASE AND RESERVATION SYSTEM. HEREIN AFTER REFERRED TO AS THE “AGREEMENT”.
Between:
”The Fines Hotels of the World” herein after referred to as the “Service” (Idomeneos Str. Prassa – N. Alikarnassos, Heraklion, Crete/VAT#EL094259216) owner and operator of the database www.fhotels.net, it’s associated websites and the “The Finest Hotels of the World” brand.
And Hotelier:
______herein after referred to as the “User” (Company Stamp)
The “Service” offers on-line destination management and reservation services (booking engine) and acts as a promotional vehicle for quality hotels and hospitality services worldwide on a commission basis. The “User” in registering to utilize above services hereby agrees to the following:
1. CONFIDENTIALITY AND PRIVACY
1.1 The “Service and “User” both agree to maintain confidentiality and not to disclose to any third party any sensitive information regarding the net prices, policies or business practices of the other.
1.2 The “Service” and “User” agree to protect the privacy of clients’ personal data submitted through the system including but not limited to name, e-mail/land addresses, credit card information etc.
2. COMMENCEMENT AND TERMINATION OF AGREEMENT
2.1 The “Agreement” commences upon the mutual signing of this contract followed by the “User’s” provision of accurate and current information regarding their property(ies).
2.2 The “Agreement” may be terminated at any time by either the “Service” or “User” so long as the party initiating termination notifies the other in writing.
2.3 In the case of termination the “Service” will no longer list the “User’s” property(ies) on any of its web sites. The “User” will remit any outstanding commissions owed to the “Service” and will remove all links to “Service” systems from “User” owned P/Cs or web-sites.
2.4 The “Service” reserves the right to accept or refuse applications for use of its on-line reservation system solely at their discretion. Each application will be evaluated individually by authorized personnel of the “Service”.
3. REMITTANCE OF COMMISSIONS AND FEES
3.1 Registration for use of the on-line reservation system and interactive database is FREE OF CHARGE.
3.2 The “Service” shall receive its commission from the “User”, all bookings made through the system will be on a protect commission basis.
3.3 Any additional services which are NOT included within the scope of this agreement, including but not limited to translation of hotel information into languages other than that submitted, will be invoiced separately subject to individual request.
3.4 “User” will be issued a monthly statement of all commissions payable to “Service” for that period and agrees to remit to “Service” the full amount within 30 days.
4. COMMISSION SCHEDULES AND ROOM RATES
4.1 “User” will post competitive commissionable rates from which “Service” will receive commission. For all properties that commission will be 15% and it will be the same for 3 years.
4.2 “User” agrees that rates published on “Service” sites must not exceed the “User’s” selling rates.
4.3 “User” agrees that the rates published on “Service” will not be higher than rates advertised through other similar online services and will be inclusive of all relevant taxes or government mandated fees.
4.4 “User” agrees to participate in at least one promotional offer annually in cooperation with “Service”.
5. QUALITY CONTROL
5.1 “Service” will randomly query guests as to the quality of facilities and service provided by hoteliers. Guests are not obliged to participate is those queries; however any information gathered in that way may be used by the “Service” to evaluate listed hotels and may be displayed on respective hotel pages.
5.2 “User” agrees to refrain from posting any materials or texts that could be considered inappropriate or offensive in any way to their property profile(s). Any willful posting of such materials or texts will constitute immediate cause for termination of the “Agreement”.
5.3 “User” will not post to their profile(s) links to any other reservation service, including their own. Any deliberate attempt to re-direct visitors away from our web-sites. Predatory advertising constitutes a hostile act in direct violation of the “Agreement” and may result in litigation.
5.4 “Service” will monitor the functionality and appearance of the on-line reservation system and provide assistance to “User” when deemed necessary.
5.5 “User” is responsible for the functionality and maintenance of their company computer equipment and operating systems.
6. SECURITY
6.1 The “Service” uses SSL encryption technology to protect client and “User” personal information. However, no on-line system can be guaranteed impervious. “User” agrees that “Service” shall not be held responsible in the event of unintentional disclosure or theft of information.
6.2 The “User” agrees that the access code for the database provided by “Service” is for the exclusive use of personnel authorized by the “User”. The “Service” can not be responsible for tampering with “User’s” property profile(s) or reservations status by unauthorized “User” personnel. Nor can “Service” be liable for any and all damages resulting from such tampering.
6.3 “User” agrees to assign one secure e-mail address exclusively for the receipt of personal client information and reservation details, and to take all possible measures to protect the confidentiality of that information.
e-mail:______
authorized recipient:______
6.4 “User” agrees to inform “Service” immediately in the event of any security breech or observed irregularities or if the e-mail they have given has been compromised.
7. PROPERTY PROFILE(S) RATES AND RESERVATIONS STATUS
7.1 “Service” will provide its online booking tool for installation on “user’s” official website FREE OF CHARGE, if “User” does not already have their own.
7.2 “User” agrees to post only accurate and current materials and information in regard to their property(ies) and is solely responsible for keeping all information and materials current. “User” is obliged to inform “Service” immediately in the event of any and all significant changes in facilities, pricing etc.
7.3 “User” agrees to provide an allotment. Properties that do not provide on-line availability are not eligible to use “Service”.
7.4 Should “User” willfully misrepresent their property(ies) they will be promptly removed from the system and the “Agreement” terminated.
7.5 “User” is responsible for posting stop sales for any and all room types in their hotel(s). “Service” shall not be held responsible for any over-sales resulting from “User” negligence in keeping their hotel information current.
7.6 In the event of over-booking “User” agrees to find acceptable alternative accommodation for guests they are unable to accommodate.
7.7 In the event that the rates displayed in the “User’s” property profile(s) are not up-to-date “User” agrees to honor the rates displayed through the system for any bookings confirmed as such.
7.8 Failure to comply with any of the above will result in suspension of services and/or cancellation of User’s listing.
8. CANCELLATIONS
8.1 Should the client wish to cancel their reservation within a reasonable time as defined by “Service” and “User” cancellation policies they will be fully refunded any deposit made including retained “Service” commission.
8.2 Should the “User” wish to cancel the client’s reservation for any reason other than Force Majeure: declaration of war, terrorist attack, accident or natural disaster rendering “User’s” facilities unsafe or inaccessible, “User” will not be eligible for refund of commission and will have sole responsibility to refund the client directly.
9. LIABILITY
9.1 In the instance of Force Majeure, neither “Service” nor “User” shall be liable for any failure to comply with the “Agreement” due to unforeseeable causes beyond their control.
9.2 Neither “Service” nor “User” can make any warranties with respect to the “Agreement”, any service or product sold through the web-sites, including warranties regarding fitness for a particular purpose whether arising by law, custom or conduct, or as to accuracy or completeness. In addition neither “Service” nor “User” claim that the operation of the on-line reservation system will be uninterrupted or error-free. Neither “Service” nor “User” shall be liable to the other or to any third party as a result of any interruption of or error in the operation of the on-line reservation system or “User” interface.
9.3 Neither “Service” nor “User” shall be liable for special or consequential damages, loss of revenue, profits or data arising in connection with the “Agreement”. Even if they have been advised of the possibility of such damages.
9.4 “User’s” liability herein is limited to total commissions payable. The sole exception being any willful attempt on the part of “user” to mislead the “Service” or its clients, or to misrepresent the “Service” to any third party(ies).
9.5 “User” agrees to protect “Service” from any liability for damages to their property(ies) as a result of guest stays or damages suffered by guest as a result of use of “User” facilities.
10. COPYRIGHTS AND INTELLECTUAL PROPERTY
10.1 Both “Service” and “User” agree to mutually respect and honor any and all business names, brands, trademarks, symbols or slogans that constitute the intellectual property and/or professional identity of the other.
10.2 All software applications and/or imbedded codes made available to “User” by “Service” to facilitate “User’s” interface with the on-line reservations service and database are the sole property of the “Service”. “User” may not copy, reproduce, republish, up-load, post, transmit or distribute same in any way or for any reason. Use of same is expressly limited to functions directly related to use of the on-line reservation system as per the “Agreement”. All rights reserved.
10.3 By posting materials and information on the system “User” grants “Service” the right to utilize that information and material within the framework of the on-line system for purposes of customer information and promotion without further consent or approval.
11. GENERAL CONDITIONS
11.1 “Service” provides an advertising platform with multi-language capabilities currently for seven languages and with the potential for more language options to be added in the future. “Service” is NOT responsible for translating “User” hotel information into other languages, that is to be done at the sole discretion and expense of the “User”.
11.2 “User” agrees not to target guests acquired through the “Service” in any direct marketing campaigns by any means or method whether solicited or unsolicited.
11.3 Any modification, amendment, or other alteration of the “Agreement” is only valid if made in writing and signed by “Service” and “User”.
11.4 Should any part of the “Agreement” be deemed unlawful or void for any reason that shall not affect the validity or enforcement of the remainder of the same.
11.5 By acceptance of the “Agreement” you confirm that you have the requisite corporate authority to execute same on behalf of the registered company.
11.6 The “Agreement” has been drafted and shall be governed in accord with the laws of the Hellenic Republic.
11.7 “User” hereby agrees that any dispute resulting from or related to the “Agreement” shall be resolved in the exclusive jurisdiction of the courts of Heraklion, Crete in the Hellenic Republic where the “Service” corporate headquarters is located.
11.8 The “Agreement” shall be binding on the successors and assigns of “Service” and “User” until terminated in writing.
FOR THE “SERVICE” FOR THE “USER”
______(signature) ______
______(full name printed) ______
Date: _____ /_____ /______(Co. stamp over) Date: _____ /_____ /_____
BILLING INFORMATION
Company Name:______
Billing Address:______
Electronic Billing Address:______
TAX ID No.:______
Responsible Tax Office:______
Accounting Contact:______
e-mail:______
Telephone:______
Fax:______
The Finest Hotels of the World, Idomeneos Str., Prassa, Heraklio, Greece 71500
Tel: +30 2810 300330, +30 2810 220088, Fax: +30 2810 220785
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