Terms and Conditions (Host)
THE CONTRACT IS AGREED BY THE “PROVIDER” ON ONE HAND, REPRESENTED IN THIS ACT BY THE “LEGAL REPRESENTATIVE”, AND ON THE OTHER HAND BY THE COMPANY BOOKINGSANDGO (HEREINAFTER DEFINED AS “BOOKINGSANDGO”), REPRESENTED IN THIS ACT BY ITS LEGAL REPRESENTATIVE, AND TOGETHER WITH THE “PROVIDER” THEY WILL BE DEFINED AS “THE PARTIES”, IN ACCORDANCE WITH THE FOLLOWING STATEMENTS AND CLAUSES:
- The provider declares through its agent:
- That it is a company duly constituted under the laws of its country and that it is duly registered before the tax authorities of its country under the term Fiscal Identification contained in the Cover of the Present Contract.
- That has the domain and operation of the establishment for the provision of tourist services established in the Cover of this Contract under the term “SERVICES”.
- That he reached an agreement with BOOKINGSANDGO to allow the Clients of the latter to have access to rates for service provided by the PROVIDER, such as lodging, sports activities, car leasing, tours, sport and more.
- That your Legal Representative contained in the Cover of the present has the capacity to contract and assume obligations on behalf of the PROVIDER which have not been revoked or limited in any way to the date of execution of this Contract and endorses it with the signature of the present.
- That all the Declarations contained in the present are true and are responsible for the veracity of the same.
- BOOKINGSANDGO declares through its agent:
- That it is a company duly constituted in accordance with the laws of the United Mexican States.
- That in order to implement the agreements reached with the “Provider” so that its Customers have access to the rates and services provided by the “Provider”, it agrees to enter into this Contract.
- That his legal representative has the capacity to contract and assume obligations on behalf of BOOKINGSANDGO, which have not been revoked or limited in any way.
III. Both parties declare through their legal representatives that they recognize as true and binding the statements made in the preceding Declarations, so they agree to enter into this Contract under the following terms:
The following definitions will be applicable for this document when they are in uppercase:
.- Title: Document that contains the information of the PROVIDER and BOOKINGSANDGO and that is part of the present Contract
.- Client: Third party that expresses its willingness to acquire the services of the PROVIDER through the sales channels of BOOKINGSANDGO.
.- Compensation: Amount paid by the PROVIDER to BOOKINGSANDGO calculated on the public rate with taxes.
.- Contract: Agreement of wills signed by the PROVIDER and BOOKINGSANDGO
.- Locators: Reservation number issued by BOOKINGSANDGO and used to determine the reservation and the services contained therein.
.- Payment mode: it refers to BOOKINGSANDGO Collection, which means that BOOKINGSANDGO will be responsible for processing the customer’s payment so that in the end it is transmitted to the PROVIDER, in exchange for a Compensation.
.- Last Room Night: Means the last room to be reserved of the PROVIDER, to which BOOKINGSANDGO will have access, provided that the service offered is that of Lodging.
The meanings contained in this section may be used singularly or plurally without changing its meaning.
The PROVIDER in this act and by this means, makes available to BOOKINGSANDGO from the day of “Beginning of Validity” contained in the Cover of this document, the rooms and rates established under the Payment Modality, which will be tourist services rights, enlisting but not limiting, Tours, Sports activities, Leasing of Cars, including Accommodation in rooms of the PROVIDER whose service characteristics will be identified by the BOOKINGSANDGO Locators, as well as preferred rates or special discounts and the characteristics of the services specified therein.
SECOND: OBLIGATIONS OF BOOKINGSANDGO.
- BOOKINGSANDGO will include the PROVIDER, within the general promotion and publicity campaigns carried out by BOOKINGSANDGO for its Online and Offline distribution channels that the Parties have specified in the Cover of this Contract.
- BOOKINGSANDGO will provide a digital internet platform for the administration and promotion of the services of the PROVIDER, in which the rates, availability, promotions, and payment process will appear so that the clients can have access to the services of the PROVIDER.
- BOOKINGSANDGO undertakes to issue the invoice for the compensation agreed upon to the PROVIDER itself, which will be reconciled by the Parties, in accordance with the terms established by them, for the corresponding payment of the PROVIDER to BOOKINGSANDGO.
- BOOKINGSANDGO, will be responsible and it is obliged to issue the Locator to the PROVIDER of the reservation of the services contracted by the Client.
- BOOKINGSANDGO undertakes to keep the digital internet portal functional and online, as well as to keep the rates of the services offered updated.
- BOOKINGSANDGO will not include direct references (web pages, telephones, email) on the cover of the profile of the HOTEL or SERVICE.
- BOOKINGSANDGO reserves the right to translate the information provided by the PROVIDER into other languages and will adapt it to be corrected or abbreviated according to the styles and needs of the platform.
- BOOKINGSANDGO may offer the information and offers, promotions, updates and others that the PROVIDER generates through its assigned Product Manager, as long as said information is within the established parameters.
- BOOKINGSANDGO for administrative reasons stipulates that any cancellation must meet and respond to the policies indicated in this clause; Any cancellation requires the express acceptance of the client to the policies of terms and conditions, acceptance that is expressed through the “Click” given on the Bookingsandgo Web Site, for which it is the client’s obligation to have read said policies.
The cancellation parameters will be calculated as follows, and the provider may decide the cancellation that is best for the structure or service:
- For reservations canceled up to 14 days before the start of the stay, the client receives a refund of 100% of the payment. You will not be charged any booking fee.
• For reservations canceled up to 7 days before the start of the stay, the tenant receives a refund of 50% of the payment. You will be charged for booking fees anywhere you have.
- For reservations canceled up to 30 days before the start of the stay, the tenant receives a refund of 100% of the payment. You will not be charged any booking fee.
• For reservations canceled up to 14 days before the start of the stay, the tenant receives a refund of 50% of the payment. You will be charged for booking fees anywhere you have.
- For reservations canceled up to 60 days before the start of the stay, the tenant receives a refund of 100% of the payment. You will not be charged any booking fee.
• For reservations canceled up to 30 days before the start of the stay, the tenant receives a refund of 50% of the payment. You will be charged for booking fees anywhere you have.
- For reservations canceled up to 60 days before the start of the stay, the tenant receives a refund of 100% of the payment. You will not be charged any booking fee.
1.5) No refund
- There is no possible refund for reservations that may apply.
THIRD: OBLIGATIONS OF THE PROVIDER
The PROVIDER agrees to the following:
- Contractual Agreement
- The PROVIDER, through this agreement, provides an explicit authorization to establish agreements on behalf of the PROVIDER with the Clients derived from the transactions approved by any of BOOKINGSANDGO’s sales channels.
- The PROVIDER must accept the client as a contractual party and must process the reservation with the information provided by BOOKINGSANDGO, including the special requests of the clients.
- The PROVIDER acknowledges that the total payment for the service will be made by Bookingsandgo twenty-four hours after the Customer’s Check-In; being that the transfer of resources will be made with the discount of the compensation corresponding to Bookingsandgo, this with the purpose that the client has the opportunity to make sure that the services offered on the website are congruent with the property found.
- The reservation request sent by BOOKINGSANDGO through a Locator to the PROVIDER, will be valid as proof of the reservations made on the website, and the client must be admitted with an identification that proves the correlation with the data provided.
- The PROVIDER undertakes to pay BOOKINGSANDGO in the accounts it designates for this purpose, the Compensation agreed with BOOKINGSANDGO.
- The PROVIDER agrees and obliges to confirm the reservations sent through the reservation contact email, in order to have the database updated.
- The PROVIDER accepts full responsibility for errors in the rates provided to BOOKINGSANDGO, which is why in this act BOOKINGSANDGO is released from any claim or collection derived from errors and misinformation by its Authorized Users with respect to the rates provided to BOOKINGSANDGO.
- The PROVIDER must guarantee that the final rate provided to be published in the platform will be in parity and equal conditions in comparison with other distribution channels and with any third party.
- The PROVIDER undertakes to give the same treatment to BOOKINGSANDGO Customers as to third party customers.
- The PROVIDER undertakes to comply with all the precepts contained in this Contract even if they do not operate in this section.
- The PROVIDER undertakes to keep BOOKINGSANDGO safe and in peace for any type of claim, lawsuit or complaint filed by the final customers, regardless of the time or means by which it was notified, as long as these claims have as principal reason in enunciative but not limitative way, (i) issues directly related to the provider’s facilities, (ii) Quality of the provider’s furniture, (iii) Acts or omissions by personnel that look after the interests of the Provider, (iv) any other that does not have relation to the service of intermediation provided by BOOKINGSANDGO.
If derived from the claims filed by the final clients and that they were framed in the premises indicated in the previous paragraph; BOOKINGSANDGO is in need of reimbursements, compensation in favor of the client, the Supplier agrees to make a similar compensation to BOOKINGSANDGO.
- The PROVIDER is obliged to respect the fee charged to the internet platform, specifically if there are reservations paid by customers.
- The PROVIDER undertakes to send truthful and reliable information on the quality of the services offered, mentioning without limitation, photographs, descriptions, category; so it will be his responsibility to respond to the clients if the service offered on the BOOKINGSADNDGO website varies with respect to the published images.
- Have the copyright and intellectual property rights over the use of brands, logos, images, licenses and other graphic, visual or audible art loaded to the platform.
- Respond for any expense or charge including differences in rates that are derived from a relocation of customers provided that the responsibility is attributable to the Provider.
BOOKINGSANDGO will be responsible for collecting the amounts paid by the customers for the confirmation of the reservations, reservations that will reflect the locators issued by BOOKINGSANDGO, for which the PROVIDER must send the rates in time and form to be exhibited with all taxes included, except for those taxes regarding the municipal sanitation right applicable in the Riviera Maya; or any other right that must be paid directly at the PROVIDER’s premises.
Even if BOOKINGSANDGO is the collector of the money paid by customers, and because of its role as an intermediary for the sale of tourist services, BOOKINGSANDGO will have tax responsibilities only on the compensation percentage directly requested to the PROVIDER.
The SUPPLIER will make the payments of the Compensation to the accounts that BOOKINGSANDGO indicates for such effect, once the Client has used the services, and after having received the invoice issued by BOOKINGSANDGO.
In order to guarantee the good image of BOOKINGSANDGO, and the quality of the services offered by the PROVIDER, the latter accepts that BOOKINGSANDGO makes the direct payment to the PROVIDER once the client has confirmed that the services meet the quality standards offered by the PROVIDER.
The PROVIDER will be the only responsible for the information entered on the extranet; such information, written in an enunciative but not limitative way, comprehends prices, photos, descriptions of services. Therefore, BOOKINGSANDGO will not make any changes on behalf of the PROVIDER.
The PROVIDER will be the only responsible for the misuse of its extranet, for this reason any question or controversy caused by its use is responsibility of the PROVIDER.
FIFTH: PARITY OF RATES
- The PROVIDER must guarantee that the price charged on the extranet will be the NET rate with the applicable taxes. Other charges will be additional and optional (hotel insurance, service charge, etc).
- The Compensation will be that specified in the Cover of this Contract and this will be added to the net rate charged on the Website.
- The PROVIDER must guarantee that the final rate available in the platform will be in parity and equal conditions in comparison with other distribution channels and with any third party.
- The PROVIDER undertakes and is obligd to make rate adjustments according to the seasons and the seasonality of the destination. He also makes the adjustments of its corresponding inventory.
- In the event that the provider does not notify the lack of availability to provide the service contracted by the client, the PROVIDER may NOT move the Clients of BOOKINGSANDGO to provide the service to the same Clients, being able to provide a service of higher value assuming the cost of this.
- The PROVIDER must notify BOOKINGSANDGO immediately when there is overbooking.
In any case, the PROVIDER will assume the cost of any amount paid to the Client, leaving BOOKINGSANDGO without any liability arising from the breach of the service.
- The PROVIDER undertakes to offer availability of a number of basic services, which may be updated or modified in the system.
The PROVIDER undertakes to inform BOOKINGSANDGO, within the following 15 working days, of any substantial change in the facilities or its official category, as well as any work and its validity, which may affect the enjoyment of the service.
- In the event that the facilities for the provision of the service were in poor condition and that the provision of contracted services was insufficient, BOOKINGSANDGO will be entitled to block payments and, upon written notification to the PROVIDER, may either demand the change of the lodging property if applicable, or cancel the reservation without any sanction, committing the PROVIDER itself to reimburse the amounts paid by BOOKINGSANDGO corresponding to the reservation made.
EIGHTH: INTELLECTUAL PROPERTY
The PROVIDER hereby grants the use and reproduction of its commercial name, logos, slogans, commercials and others, that BOOKINGSANDGO considers necessary for the sale of the rooms and services provided by the PROVIDER (Hotel or Service), through the sales channels of BOOKINGSANDGO.
The PROVIDER grants the right to BOOKINGSANDGO to market through the channels that BOOKINGSANDGO considers necessary, whether through traditional channels or online channels, so that in this act the PROVIDER grants the right to use the commercial name of the service offered to BOOKINGSANDGO to generate a flow to all BOOKINGSANDGO sales channels and reach the achievement of the object indicated in the first clause of this Contract.
NINTH: VALIDITY OF THE CONTRACT
- This contract will have as start date the day specified in the Cover of the Contract as the beginning of the validity of the Contract. The contract will be automatically renewed if there is no written communication expressing the contrary, from any of the parties, one (1) month in advance of the expiration date of each period.
- The Parties may terminate this Agreement with a notification to the other party 60 days prior to the termination thereof, subsisting each and every one of the obligations contracted prior to the date of termination.
TENTH: TAXES. All taxes arising from the transactions of this agreement between the “Provider” and “BOOKINGSANDGO” will be met by each of the parties individually in accordance with the legislation in force at the time of compliance.
ELEVENTH: NO LABOR RELATIONSHIP – NO SUBORDINATION. The parties agree that on the occasion of the execution of this Contract there is not and there will not be any link and / or labor relationship between them, since by the nature of it, this Contract is concluded for a specific purpose during which the Parties will perform their commission under the terms and conditions set forth herein. Likewise, the Parties recognize and accept that there is no subordination whatsoever with one another, so they will carry out their assignment in a free manner in accordance with the applicable legal provisions.
The Parties acknowledge and accept that this Contract is not subject to the provisions of any labor legislation or any applicable security regulation; consequently the Parties, from this moment on, grant each other, to their shareholders, officials, legal representatives or to whom their rights represent, to the broadest settlement in law proceeds, so no action or right is reserved to exercise against them, as well as to compensate immediately any damage or injury caused.
TWELFTH: NOTICES AND COMMUNICATIONS
All notices and communications that the parties must give in relation to this Contract will be written and delivered personally, by registered mail with acknowledgment of receipt, by international courier service or by electronic mail whenever there is confirmation by means, in the addresses provided by the Parties in the Cover of this Contract
Any change in address for notifications must be realized 30 days in advance of the same. If the SUPPLIER omits the notification of change of address, the notification will be valid in the addresses and electronic addresses provided for that purpose.
THIRTEENTH: PROTECTION OF PERSONAL INFORMATION. The personal information of the clients that BOOKINGSANDGO discloses to the PROVIDER, have been obtained, processed, transmitted and collected in strict compliance with the Federal Law of Protection of Personal Data Held by Individuals of the Mexican Republic, as well as any other legislation that develops it, supplements it or replaces it.
BOOKINGSANDGO and the PROVIDER ensure that they have implemented the necessary organizational and technical security measures in order to guarantee the security of personal data and to prevent their alteration, loss, misuse and / or unauthorized access to them.
The PROVIDER will be responsible for any complaint, claim, sanctioning proceeding, fine and in general any action by third parties, public administrations and other agencies in charge of ensuring the compliance with the regulations in this matter that could be directed against BOOKINGSANDGO for mishandling or infraction caused by PROVIDER, in this sense the PROVIDER releases BOOKINGSANDGO of any responsibility in this regard.
FOURTEENTH: JURISDICTION AND APPLICABLE LAW
The parties agree that for the validity, execution and fulfillment of this Contract, they will be subject to the laws that are applicable based on the Commercial Code and other laws applicable in the State of Quintana Roo. Likewise, the Parties agree to submit to the jurisdiction and competence of the Courts of the City of Playa del Carmen, Mexico; consequently, they renounce in this act any other jurisdiction that may correspond to them because of their domicile, the location of their property or for any other reason.