By supplying details and offers through Ozeres Services - Booking Service ("us", "we", "our"), Suppliers ("you") agree to the following terms and conditions, in conjunction with the specific terms of trade.
1.1 Accommodation includes rooms in hotels, motels, apartments, B& B’s or other accommodation.
1.2 Accommodation Data means data pertaining to the displayed accommodation, including supplier details, rack rates, cancellation policies and ratings listed by you that you propose to offer to the public through the Site for the Advertised Price.
1.3 Advertised Price is the displayed accommodation rate and including taxes.
1.4 Booking means a booking of Accommodation for a relevant period made by a customer on our Site at the rate and for the room type displayed on the Site by you.
1.5 Guest means a person who books accommodation through the Site.
1.6 Nett Price means the Advertised Price less our agreed margin.
1.7 Site means our website, designed constructed and maintained by us, that offers the facility to book accommodation to the public at large.
2. REPRESENTATIONS AND WARRANTIES BY THE PARTIES
2.1 You represent and warrant that:
You are the owner or are legally authorised to act on behalf of the owner of the Accommodation.
The Accommodation Data and the Accommodation complies with all applicable laws, statutes, ordinances and regulations.
2.2 We do not guarantee continuous, uninterrupted, or secure access to the Site, as the operation of the Site may be interfered with by numerous factors outside our control.
3. SECURITY OF THE SITE
3.1 We shall provide you with a password to access the Site.
3.2 You agree not to publish, or make available, your password to any third party.
You are responsible for any use of or action taken under your password. If your password is compromised you must change your password.
4. SITE CONTENT
4.1 You are solely responsible for the Accommodation Data.
You will maintain accurate and up to date information about your properties submitted and accepted by us (in our discretion) including details about:
- Gross rates (including GST/VAT and all applicable commissions)
- Booking conditions
- Cancellation policy
- Establishment facilities
- Anything that affects or will affect your property in any material way that could be an inconvenience to customers or cause customers to be misled. Such as (without limitation) closure of swimming pools, restaurants or other guest facilities, and refurbishment or renovations on or near your property, weather conditions or other Acts of God known to you.
4.2 The Booking Price and each other term of offer will be at least as favourable to users as offered on other online channels (including your own website) for the same Accommodation and period.
4.3 Your Accommodation Details must not contain any URLs or other calls to action directing users of the Sites to any alternative booking method - for the avoidance of doubt we will be entitled to immediately terminate this Agreement if this requirement is breached.
4.4You agree that you shall not transmit on or through the Site any material that is, inappropriate, unlawful, obscene, threatening, abusive, defamatory, encourages behaviour that may give rise to criminal activity, is considered adult content, is a breach of intellectual property or may give rise to civil liability.
4.5 We may remove, at our sole discretion, any offending or inappropriate material from the Site without notice.
4.6 We may make changes to the Site at our complete discretion.
5. BOOKINGS AND PAYMENT CONDITIONS
5.1 We will accept bookings from Guests at the Advertised Price as an independent reseller. We do not act as your agent.
5.2 You agree to provide Accommodation in accordance with the Accommodation Data for each booking as notified by us.
5.3 Upon the Guest's registration in accordance with the booking, you must sight the registering Guest's (or Guests') credit card and valid photo identification to confirm the identity of the Guest. You must also copy and retain photo identification on file for a period of six months from the date of registration of the booking. This procedure helps to protect both your interests and ours.
5.4 You agree to provide Accommodation to the Guest and to charge us the Nett Price.
5.5 Within 30 days after the end of each month, you will submit a tax invoice to us for payments due to you for accommodation provided for bookings accepted by us during that month.
If Company has not received an invoice for a reservation within 12 months after a Traveler’s departure, then no amount is due to Property for such reservation, and the Companies shall have no further obligation to Property with respect to such reservation. Property is responsible for proving that each invoice was delivered to a Company within12 months of a Traveler’s departure.
To claim payment from us for a Booking, following the Guest's departure (and not more than 12 months later), you will submit a proof of stay which will at a minimum include for each Booking:
- Our confirmation number;
- the Net Price properly due and payable with respect to that Booking in the currency that the rate is provided by you through our Extranet;
- the Guest's check-in and check-out dates.
Alternatively, you may opt in to our ‘Split Payment System’ where payment is made immediately using the PayPal System.
5.6 Our liability to pay you is conditional upon your compliance with this clause 5.
5.7 We shall remit payment to your nominated bank account or by other method as agreed.
5.8 If a Guest fails to register in accordance with the booking, we will remit payment to you in accordance with your cancellation policy, if your cancellation policy is published on the Site. If your cancellation policy is not published on the Site, we will remit the equivalent of one night's accommodation at the Nett Price on receipt of your invoice in accordance with this clause 5.5
5.9 Guest Changes: Unless otherwise agreed to by the applicable Company, Property is solely responsible for any changes or services requested by a guest directly with the Property and Property is solely responsible for collecting from the guest any charges for such changes or services.
5.10 If you are unable to provide your service after a booking has been confirmed you will provide an alternative service of similar or better standard, including any transfers, at your expense, which is acceptable to the customer. In these circumstances we are still entitled to all amounts payable by you under this agreement as if the booking had been stayed and completed.
5.11 You are responsible for calculating, reporting and paying any applicable taxes on Bookings made through our Site to the applicable tax authorities.
6. INFORMATION AND INTELLECTUAL PROPERTY RIGHTS
6.1 You acknowledge that we own all right, title and interests to the Site, search technology, and that you will not acquire any right, title or interest in or to the Site, and that all of the software used on the Site is subject to copyright.
6.2 USE OF GUEST INFORMATION. You will not directly or indirectly use or disclose any Guest information acquired from us other than as necessary for you to perform your obligations under this Agreement or as required under any applicable law. You will not target communications on the basis of the intended recipient being a user of the Site.
7. RELEASES & INDEMINTIES BY THE SUPPLIERS
7.1 You indemnify us and our associated entities against liability or loss arising from, and cost incurred in connection with, damage, loss, injury or death to any third party caused or contributed to by your act, neglect or default, or the act, neglect or default of your servants and agents;
7.2 You release us from, and agree that we are not liable for:
Damage, loss or injury to you arising from, and cost incurred in connection with:
a)the use of the Site and any breach by you of this Agreement,
b) The Accommodation Details,
c) Bookings not fulfilled by you under the terms of this Agreement,
d) the calculation, reporting or payment of any taxes that you are responsible for in relation to Bookings made through the Sites,
e) Any person's stay at the Accommodation.
f) damage, loss or injury incurred in connection with the Site being interrupted, unavailable or not working properly, however caused.
g) You will obtain all necessary licenses, approvals and authorities relating to your properties. You will conduct your business in accordance with the law.
7.3 Neither party will be liable to the other on any legal basis (including negligence) for any interruption to business, loss profits, loss of data or any consequential or indirect losses. Without limiting the indemnification or rights to recover of amounts payable under the express terms of this Agreement, to the extent permitted by law neither party's aggregate liability arising out of or in connection with this Agreement for any legal basis (including negligence) will exceed the total amount of margin earned by us under this Agreement in the twelve months prior to the event giving rise to the liability.
8.1 Either party may terminate this agreement by giving 30 days notice to the other party by email of its termination of this agreement. If either you or we breach the Agreement or become insolvent, termination may be effected immediately upon notice by email to the other party.
On termination by us, we will deactivate your password and remove the Accommodation Data from the Site.
On termination by you, you will remove the Accommodation Data from the Site.
On receipt of notice of termination by you, we will deactivate your password.
8.2 You acknowledge that:
You have no claim for compensation or otherwise from us if the agreement is terminated under this clause 8, save for any claim for payment made pursuant to clause 5;
You will honour all bookings made up to and including the date of termination for Accommodation to be provided after the date of termination; and on termination by you, you will honour all bookings made between the date of termination and the date the Accommodation Data is removed from the Site for any accommodation that is to be provided after the date of termination.
9. APPLICABLE LAW
9.1 This agreement is governed by the laws of where the 'Booking Service' is located (unless otherwise specified) and the parties agree to the appropriate jurisdiction for any legal proceedings arising out of this agreement.
9.2 Either you or we may assign this Agreement upon notice to the other party in connection with any sale, merger or reorganization with the effect that the Agreement will be binding on and enforceable by the assignee.
9.3 To be effective, any waiver of either your or our rights or obligations must be made in writing and signed by the waiving party.
9.4 We may make changes to these terms and conditions from time to time. Any changes will be effective upon posting a modified version on our Extranet. You are responsible for reviewing the notice and any applicable changes. Your continued use of the service following posting of any changes will constitute your acceptance.
Revision Date: 01-03-2009
Use of the 'Booking Service’ and website is subject to the following terms and conditions: