1. This agreement and the Provider’s services to the Participant are for an unlimited period of time. Either party may terminate this agreement with a 1 months’ written notice.
2. Provider and the Participant agree that tobook.com will provide Participant the ability to make information about Participant´s accommodation available via the internet on tobook.com ´s web-site and other tobook.com Partner websites, and that Participant shall accept reservations for such accommodation on the internet via tobook.com´ online real-time-reservation network (the System) on the set forth above.
3.a The Participant shall be responsible for indicating any changes in rates. The Participant
can indicate these changes by: 1 Internet (through the ‘Hotel Management Center’s page’).
3.b Confirmed reservations will have to be honored by the Participant at all times. Participant will be held responsible to solve eg. find alternative accommodation of the same - or a higher standard in case the Participant cannot honor a confirmed reservation. Any additional costs incured by such a transfer should be settled by Participant directly with the customer (the guest).
4. The Participant shall supply the Provider with publications (brochures, texts, photos, maps) and other commercial materials to be used for the tobook.com® online/internet hotel reservation system. The Participant retains the exclusive right to make its own choices with regard to the materials with which it provides the Provider for use in the system. The Participant is and remains responsible for all claims from third parties with regard to copyrights on the materials with which it furnishes the Provider.
5. The Participant shall suply tobook.com rate and availability parity ("Parity"). Rate Parity means the same or better rates for the same accommodation, same room type, same dates, same bed type, same number of guests, same or better restrictions and policies such as breakfast, reservation changes and cancellation policy as are available on the Participant's websites, apps or call-centres (including the customer reservation system) , or directly at the Property, with any competitor of tobook.com (which includes any online or offline reservation or booking agency or intermediary) and/or with any other (online or offline) third party that is a business partner of or in any other way related with or connected to the Property. Availability Parity means that the Property shall provide tobook.com with such availability (i.e. rooms available for booking at the Platform) that are at least as favourable as those provided to any competitor of tobook.com (which includes any online or offline reservation or booking agency or intermediary) and/or with any other (online or offline) third party that is a business partner of or in any other way related with or connected to the Property.
5.2. For above mentioned hotels Provider will charge a commission of 15%, exclusive VAT on 'instant' reservations that are transacted and paid for at the Participant and actually generated through the tobook.com® online/internet hotel reservation system. This is the standard, default option, for any registered hotel. Should the hotel decide to work on request, Provider will charge a commission of 15% exclusive VAT for 'on request reservations that are transacted and paid for at the Participant and actually generated through the tobook.com online/internet hotel reservation system.
6. At the end of every month the Provider will send the Participant an overview with the Participant’s reservations generated by the tobook.com ® online/internet hotel reservation system. On the overview the Participant has to indicate any changes, cancellations or no-shows that are as such unknown to tobook.com® and return it by fax within 1 week. No- or late reply of the overview will be considered as the Participant’s acceptance of all reservations listed in the tobook.com ® online/internet hotel reservation system. False indication of any changes, cancellations or no-shows entitles the Provider to take proper measures.
7. The commission will be invoiced monthly.
8. Payment of the invoice should be done within 14 days from the invoice date. When payment is overdue the Provider holds the right to add 15% collecting-charges and statutory interest on top of the original invoiced amount.
9. The Provider will care for a valid and fully functioning hotel reservation system. However, the Provider cannot be held liable for the non-functioning of the system or parts thereof at any time.
10. By illegitimate use of the tobook.com® online/internet hotel reservation system the Provider is entitled to dissolve the agreement forthwith.
11. This agreement is governed by Dutch law and the parties submit to the exclusive jurisdiction of the courts of The Netherlands .
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