Collaboration Agreement

COLLABORATION CONTRACT

  1. CONTRACTING PARTIES

1.1. ACRI ONLINE WORLD SRL, a company of Romanian nationality, based in Romania, Oradea, Calea Borsului, No.19, Bihor County, with Order Number in Trade Register J5 / 323/2016, Unique Identifier at European Level (EUID ): ROONRC.J05 / 323/2016, Single Registration Number 35635537, legally represented by Kristiana Tothova, hereinafter referred to as Hotelbooking.world/ Provider

1.2. The partner who intend to access, agree, accept, adhere and complete all the information and conditions required by the Hotelbooking.world platform in order to be able to achieve the object of this contract, hereinafter referred to as the Beneficiary.

  1. DEFINITIONS
    In addition to the terms defined elsewhere in this Contract, the following definitions will apply to this Contract, unless otherwise stated:

The “hotelbooking.world website” or the “Hotelbooking.world portal” means the website (accessible via http://www.hotelbooking.world) belonging to ACRI ONLINE WORLD SRL.

“Travel Offer” means all published information (Accommodation Unit Presentation, Rooms, Services and Fees, Available Places) in the Portal by the Unit that appear on the Hotelbooking.world’s Public Websites and on which the Clients make the reservation.

  1. OBJECT OF THE CONTRACT

3.1 ACRI ONLINE WORLD SRL, Romanian company, based in Romania, Oradea, Calea Borsului, No.19, Bihor County, with Order Number in Trade Register J5 / 323/2016, Unique Identifier at European Level EUID): ROONRC.J05 / 323/2016, Unique Registration Number 35635537, legally represented by Kristiana Tothova, hereinafter referred to as Hotelbooking.world, allows and provides the Beneficiary with the publication of the Tourist Offer in the online booking portal www.hotelbooking.world in order to promote and sell the services offered by the latter to its potential clients. The beneficiary promotes through the Hotelbooking.world portal the classified tourist facilities listed in Article 1.

  1. PRICE OF THE CONTRACT

4.1 For the contracted services, the beneficiary pays a membership fee. There are three kind of Membership plans:
Monthly: 99€. The Membership is valid for one month. Beneficiary can upload unlimited rooms per day. There is 0% commission for sold rooms.
Yearly: 990€. The Membership is valid for one year. Beneficiary can upload unlimited rooms per day. There is 0% commission for sold rooms.
Special plan for first members only:  99€. This plan is available only for 10 000 members. The Membership is valid for one year. Beneficiary can upload unlimited rooms per day. There is 0% commission for sold rooms.  After one year, the Beneficiary can decide to choose Monthly or Yearly plan.

4.2 Service charges are quoted in Euro. Invoices will be issued in Lei and Euro at the official exchange rate communicated by the National Bank of Romania valid at the date of issue of the invoice. The invoice will be send to the Beneficiary exclusively by e-mail.

4.3 The monthly subscription fee for the contracted services is paid in advance for the next month on the date of purchase of the service. The Beneficiary will be notified through the Control Panel 10 days before the expiration of the paid subscription period.

4.4 The Beneficiary can choose any of the payment methods present on the Hotelbooking.world (bank card or PayPal). The date on which an invoice is considered paid is the date on which the amount is received to the Hotelbooking.world accounts.

4.5 If the Beneficiary does not pay the monthly subscription as set out above, his account will be suspended automatically. If, within 20 calendar days of the date of suspension of access to the Hotelbooking.world portal, the Beneficiary pays the outstanding invoices, the account will be reactivated automatically.

  1. OBLIGATIONS OF THE BENEFICIARY

5.1 Providing information about the Accommodation Unit and the Tourist Services Offer

5.1.1 The information provided by the beneficiary to the Hotelbooking.world portal must include information about the Accommodation Unit (including photos and descriptions), offered room facilities and services, rooms available for reservation, price details (including all additional fees charged, specified clearly). Accommodation unit must provide policies about availability, cancellation and no-show, and any other policies and restrictions. Accommodation Unit Information should include information about its telephone or fax numbers or e-mail addresses or website address. Accommodation Unit information should not contain direct referrals to third-party websites. The accommodation unit declares that the information provided about it is real, complete and non-misleading. Hotelbooking.world does not have any responsibility to verify the provided nformation. The Accommodation Unit is liable for any damage that may arise from the provision of unrealistic and incomplete information.

5.1.2 The Beneficiary declares and promises that the Tourist Services Offer is always real, complete and non-misleading. The Accommodation Unit is always responsible for correct and up-to-date content of the Tourist Services Offer, including additional room availability for certain periods or any extraordinary events or situations that limit the availability of rooms (for example, renovations or constructions inside / outside of the building).

The Accommodation Unit will update and manage, through the Control Panel, the Information about Accommodation Unit and the price, number and type of rooms available for reservations.

5.1.3 The price displayed on the Hotelbooking.world portal will include VAT, sales taxes and any other charges or costs, to be sure that the Client will understand the final cost which can be reasonably calculated in advance without requiring any further information.

5.1.4 The Beneficiary declares that he owns all the legal necessary authorizations for the carrying out of his activity, and valid classification certificate issued by the competent National Tourism Authority.

5.2 Providing availability and competitive prices

5.2.1 The Beneficiary will publish in the Hotelbooking.world portal competitive prices, which means that the prices published in the Hotelbooking.world portal are equal or lower than those used by the Beneficiary at the Accommodation Unit’s reception or directly on its official website.

5.2.2 Accepted Payment Modes

Beneficiary can accept from Clients the following methods of payments for the services:

[a] ”Full payment” : Client will pay the whole price of the tourist services upon the online Reservation,

Payment of a “deposit” upon the Room reservation, and the rest difference at the Accommodation unit’s reception;

[c] Full payment “at the reception” means the Client will make a room reservation without any payment and will pay the whole price of tourist services directly at the reception.

5.3 Customer Reservation: Reservation Information, Complaints

5.3.1 Hotelbooking.world website is not responsible for the correctness and completeness of the information and data provided by the Clients upon the Room Reservation. Hotelbooking.world is not responsible for the Customer’s payment obligations to the Beneficiary. The Accommodaton Unit is required to check the status of the bookings constantly to process all confirmed reservations.

5.3.2 The realization of the Reservation will create a contractual relationship between the Beneficiary and Client, based on the Accomodation Unit’s  Policies.

5.3.3 Beneficiary must treat the online reservation in accordance with the Tourist Offer submitted at the time the reservation was made.

5.3.4 Complaints regarding products or services offered and provided by the Beneficiary or specific requests made by Clients must be resolved by the Beneficiary without any intervention from Hotelbooking.world.

5.4.1 The Beneficiary must provide reserved rooms. In the event that the Beneficiary is unable to comply with its obligations of this Contract, for whatever reason, the Beneficiary shall make all reasonable efforts to make available to the Customer alternative variants of a quality equal or superior to those chosen by the Customer.

In the event that no room is available upon arrival, the Beneficiary:

(a) will find appropriate alternative accommodation of an equal or better quality than that one reserved by Client.

(c) will reimburse the Customer for all costs incurred in non-compliance with the Beneficiary’s obligations.

5.4.2.Hotelbooking.world has no obligation to the Beneficiary in case of no-show of the Client.

5.5. Payment of the contracted price under the terms and conditions set forth in this agreement.

  1. RIGHTS AND OBLIGATIONS OF HOTELBOOKING.WORLD

6.1.Hotelbooking.world has the right to grant broadcasting rights, to make available, to disclose and to offer the Tourist Offer and special offers made available by the Beneficiary on other websites or in collaboration with the affiliated companies in order to promote the offers provided by the Beneficiary.

6.2. Right to cash out the contract price under the terms and conditions set forth and agreed upon by this contract.

  1. GUARANTEES AND RESPONSIBILITIES

7.1 None of the Parties shall be liable to the other party for any indirect damages or loss, including loss of production, profit, earnings, contracts, loss or damage to reputation, loss of claim, loss of customers due to non-compliance with the provisions of this contract. The parties are expressly relieved of any liability.

  1. DURATION, SUSPENSION AND TERMINATION OF THE CONTRACT

8.1 Except as otherwise provided, this Agreement shall commence at the date of signature and shall be valid for one year, unless the Contract is terminated by one of the Parties by notice to the other Party for at least 14 calendar days ahead. After the expiration of the 1-year term, the Contract is automatically prolonged for successive period of one year.

8.2 Each Party may terminate or suspend this Agreement in the case of:

(a) non-fulfillment by one of the Parties of any obligation assumed under this Agreement; or

(b) with immediate effect and without the need of a notice at the initiative of Hotelbooking.world, in the event of non-fulfillment by the Beneficiary in due time of any obligation assumed under this contract.

8.3 Upon termination of the Contract, the Beneficiary will honor the existing Reservations for Clients and will pay any amounts due under the terms of this Agreement.

8.4 Hotelbooking.world has the right to immediately suspend its services (including displaying the Unit or availability in dedicated sections of the Hotelbooking.world site) in relation to a Beneficiary in any of the following cases:

(a) The Beneficiary does not pay the contract price on time;

(b) The Beneficiary places Inaccurate and Misleading Tourist Offers in the Hotelbooking.world portal;

(c) The Beneficiary publishes at the Hotelbooking.world portal higher rates than those used at the reception or his official web sites;

(d) The unit refuses a reservations from Clients;

(e) The Beneficiary charges additional charges from one or more Customers who booked through the Hotelbooking.world portal;

(f) Hotelbooking.world receives one or more legitimate and serious complaints from one or more Clients who made reservations at the Beneficiary;

(g) The Beneficiary create fake reviews not based on real comments from real people.

(h) a large number of negative Customer’s reviews and negative comments regarding the services provided by the beneficiary unit;

(i) inappropriate or unprofessional behavior directed at Clients or Hotelbooking staff;

(k) The Beneficiary refuses to agree to any reasonable review of any term of this Agreement.

8.5 The Parties agree that the termination or suspension of this Agreement by a Party does not affect the rights and obligations of the other Party (one relative to each other) set forth in this Agreement.

  1. REGISTRATION AND ARCHIVING DATA

9.1 Records and records of Hotelbooking.world (including information recorded in the Control Panel, faxes and / or emails) will be considered as clear evidence of the accuracy and reception by the Beneficiary of Reservations made by Customers under this Agreement, unless which the Beneficiary can provide reasonable and credible counter-evidence.

  1. CONFIDENTIALITY

10.1 The Parties understand and agree that in the execution of this Agreement, each Party may access or be exposed, directly or indirectly, to confidential information with respect to the other Party (“Confidential Information”). Confidential Information includes Client data, transaction volume, marketing strategies and business plan, financial, technical, operational, and other such non-public information that is either declared by a party as confidential or are reasonably acknowledged by the other party to be treated as confidential.

10.2 Each Party agrees:

10.2.1 Throughout the term of performance of the contract, the parties are bound to keep confidentiality of the data and information. Both parties provide each other with the confidentiality of the data, sources, and information known to them by clients as a result of the execution of this contract.

10.2.2 – to not make known the contract or any other provision thereof to a third party other than those involved in the performance of this contract;

– to not use the information and documents obtained or to which he has access during the period of performance of the contract for a purpose other than to fulfill his contractual obligations;

– not to make known the financial situation resulting from the performance of this contract.

10.2.3 Disclosure of any information about the persons involved in the performance of the contract will be made in a confidential manner and will only extend to the information necessary for the performance of the contract.

10.2.4 A Contracting Party shall be relieved of its responsibility to disclose information relating to the Contract if:

  1. a) the information was known to the Contracting Party before it was received from the other Contracting Party;

(b) the information was disclosed after the express agreement of the other Contracting Party or such disclosure has been obtained;

  1. c) the contracting party was legally bound to disclose the information.

10.2.5 The party who violates the provisions of this chapter is liable to pay damages equal to the amount of the damage suffered. The provisions of this article constitute the criminal clause and are to be interpreted in accordance with the legal provisions in the matter.

11 NOTIFICATIONS

11.1 All notifications and communications between the Parties shall be in English, in writing, as follows:

  1. a) For Hotelbooking.world: at the e-mail address – info@hotelbooking.world;
  2. b) For the beneficiary: at the e-mail address provided at the registration on the Hotelbooking.world portal.

11.2. Any modification of the email addresses provided in paragraph 11.1. shall be notified to the other Party within 5 calendar days of their amendment.

12 FORCE MAJOR

12.1 Major force, as defined by Romanian law, exonerates the party that invokes it under the law. The party invoking force majeure is obliged to notify the other party within 5 days of the occurrence of the event and take all possible measures to limit the consequences of that event. Within 15 days of the termination of force majeure, the party invoking it shall submit to the other party documents issued by the competent authorities proving the appearance, nature of the events, duration and effect thereof. If, within 45 days of production, the event does not cease, the parties have the right to notify the termination of this Agreement without any right to claim any damages. Even in such circumstances, the parties will not be relieved of liability, to the extent that the obligations were already due at the time of the force majeure. The Accommodation Unit will immediately update the availability of the rooms and will notify the Customers soon as possible after the occurrence of the incident.

13 APPLICABLE LAW

13.1 This Contract, its content and any dispute relating to the provisions of this Contract shall be construed in accordance with Romanian law.

13.2 The Parties shall take all reasonable care to ensure that disputes arising out of the conclusion,

execution, the modification, cessation and

the interpretation of the terms of this Contract shall be settled amicably.

13.3 If the amicable settlement of the dispute is not possible, the resolution competence belongs to the competent courts of the Provider’s headquarters.

 

14 MISCELLANEOUS

14.1 This Agreement is binding for both parties and may be modified only in writing form as an Additional Act signed by both Parties;

14.2 This Agreement constitutes the express agreement of the Parties with respect to its subject matter and any other discussions or agreements are replaced by the provisions of this Agreement;

14.3. If any clause of this contract is declared null or void by a competent court, only that part of the contract will be deemed null or void and will not affect the validity or applicability of the other clauses of this contract.

14.4 This Agreement enters into force upon Beneficiary’s Registration to the Hotelbooking.world portal.

14.5 The accommodation unit agrees, acknowledges and accepts the terms and conditions of this Agreement. The contract does not need signature and stamp or any other sign to be valid, to have legal value and to be applicable.

14.6 Hotelbooking.world will comply with the applicable law on money laundering, anti-corruption, anti-terrorism financing and tax evasion, thus imposing the necessary restrictions.

Original version of this Collaboration Agreement is English and Romanian language. It has been translated into other languages, only for facilitate understanding. Translations are considered an unofficial version, not being able to claim rights. In the event of a dispute over the content or interpretations of this Collaboration Agreement  or in the event of a conflict or discrepancy between the English and Romanian versions and the version in any other language, the English and Romanian version shall prevail, it shall apply, will create obligations and will be decisive. The Romanian version will be used in court proceedings. The Romanian version is available on the following website: http://www.hotelbooking.world/contract-colaborare