Hotels agreement of register
Terms of register
These terms of register (the « Agreement ») that you or company you represent (« Hotelier ») are consenting to agree for using the online marketing and reservation services (the « Services ») with Holidays Apart (« H.A »). Please read this agreement carefully before using the services. By clicking on the register form (or sign and stamp the document), you agree for using the services with H.A. If you do not agree to all of this agreement, you will have no right to use the services described herein.
1. Definition
H.A is an online label adapted to hotels with modern design (« Product »). H.A edits a stylish digital magazine featuring a collection of modern and design properties (the « Site »). H.A allows to the Hotelier’s customer (« Guest ») to process an online reservation of the Product through the hotel booking engine Availpro (the « Application »).
The Hotelier is any person or entity managing an hotel and guesthouse properties who want to purpose an accommodation for the Guest. No exclusivity is required.
2. Register
Once selected by staff management of H.A, according the look and feel that H.A wish to have as a Product, any Hotelier can register the Services and acknowledges the Agreement intended by H.A. The Hotelier acknowledges to accept these terms of register completely, and acknowledges to sign through electronic way is a proof of this agreement.
3. Duration
Both party may terminate the Services at any time by notifying the other party by any mean they want.
4. Services
H.A features two kind of Services: online marketing presence, and online distribution. These cases depend on the use – or not use – of the Application.
4.1. Service of online marketing presence
Using the Application is not required. H.A edits a story about the Product on the Site. Doing any kind of marketing managment, through social medias, or ranking improvement on search engines.
4.2. Service of online distribution
This service is intended to be used with Application. H.A manage the details of the Product instead of Hotelier. Management is based on availabilities of rooms, photographic materials, rates, special offers. According opportunities, H.A expands the sales channel for new distributors, travel agencies, hotel reservation companies, or website editors. Hotelier need to acquire an annual license. Hotelier acknowledges that H.A will be the representative through sales channel from Application page.
5. Fees of Services
With « Service of online marketing presence » (see 4.1), no fee or annual coast is required.
With « Service of online distribution » (see 4.2), H.A applies on each license a cost of 1.200 euros every single year, and a 20% fee on the total amount of each reservation.
6. Promises of Hotelier
As a condition of use, Hotelier promises to use the Services after he agrees to all of this agreement intended by H.A. For instance – and not as a limitation – Hotelier agrees:
- to give exact informations about the Product, availabilities of rooms, photographic materials, rates, special offers, cancellation policy;
- to accept any electronic documents produced by H.A as an original proof valued.
7. Photographic materials
The Hotelier agrees to place at the disposal all the photographies of which it owns the copyrights, and that, for all the duration of this agreement.
8. Reservation
Reservations are made online exclusively on the Application by Guest or H.A staff or any company partners or travel agencies working with H.A. All reservations must be guaranteed with a valid credit card. Non-guaranteed reservations are not accepted.
The Guest must provide to Application its credit card information such as its number and expiry date. Hotelier use the credit card as a guarantee of reservation for: any cancellation or no shows fees intended by Hotelier; the H.A guarantee deposit clearly displayed through the reservation process, charged once the reservation is confirmed.
The Guest must confirm by clicking on the confirmation button at the end step of the reservation process. At this moment, the Guest becomes the customer of the Hotelier. The Guest is no more the customer either if the Hotelier cannot provide the rooms or accommodations asked or when H.A is unable to made equivalent proposal.
When the Hotelier agrees the reservation, Application send the voucher by email to him and to the Guest as confirmation ticket. The remaining balance and extra charges or optional services must be paid by the Guest directly to the hotel at the end of the stay. If the Guest does not shows of if he cancels its booking, the Hotelier is authorized to charge the credit card of the Guest as fees intended by the Hotelier policy.
9. Cancellation
Cancellations (or changes) have to be carried out via the Application. In case of cancellation (or change) carried out directly at Product, H.A cannot provide any information concerning possible discrepancies about the date of the cancellation or the fact of cancellation as such.
10. Hotelier warranty
Hotelier acknowledges that he has no duty to take any action regarding: the access of the Site or Services; the mistakes noted of the Product pages or documents.
11. Limitation of liability
While H.A has taken every effort to ensure that the information contained within the website is correct at the time of going live, H.A cannot be held responsible for any errors and omissions or any information which may be incomplete, inaccurate or may have become out of date. Whilst H.A tries to ensure all room rates, conditions and times are correct it cannot be held responsible for errors or omissions.
H.A promises to proceed the Services as well as possible and claims that has no liability within the hiring of the room or other optional services made between the Hotelier and the Guest.
12. Applicable law
All legal relation between the Hotelier and H.A shall exclusively be governed by the french laws. For all disputes, the parts begin to find an informal agreement, otherwise the competent courts in Paris shall have jurisdiction.
Last updated on Monday, 21th of March, 2011.
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