Disabled Friendly
Hotels.com (DFH) Agrees:
- To provide
Information Technology ("IT") services to the Hotel (Licensee) such
that the Licensee's products and/or services ("Product") may be
booked online over the Internet by third party customers
("Customers").
- That the
Customer's credit card will be debited for a deposit amount upon booking
with the balance due payable by the Customer to the Hotel upon arrival.
- In the event
of a no-show by the Customer, DFH will charge the Customer’s card for the
first night’s accommodation and undertake to remit same, less transfer
costs on a monthly run, to the Licensee. A no-show is defined as the guest
not presenting for a booking made without having cancelled the booking
within the Cancellation Time Frame.
- To promote the
Licensee's product on its website.
The Licensee
Agrees:
- To make
sufficient Product available to DFH such that visitors to DFH's sites will
have Product available for purchase.
- To offer
Product on DFH websites at a price not exceeding the lowest price at which
the Licensee offers such Product elsewhere (including on the Licensee's
own websites).
- To honour all
bookings made through the DFH network including bookings made for special
event periods.
- To set a two
day Cancellation Time Frame (48 hours before 2pm on the date of arrival)
for all bookings taken through the DFH network. As such, the user can
cancel without a no-show charge, anytime up to 48 hours before 2pm on the
day or arrival.
- To perform
checks as necessary to ensure that all bookings taken by DFH are processed
correctly such that the Customer can avail of the Product purchased.
- That the
deposit retained by DFH in respect of the reservation of the Product (the
'Deposit') will equal the charge for the IT services provided by DFH and
that no further monies will be collected from or payable by DFH.
- The Deposit
retained by DFH will be 10% of the price of the Product.
- Any payments
to DFH by the Licensee under this agreement shall be made free and clear
of all taxes, deductions or withholdings. If such taxes, deductions or
withholdings are required by law, the Licensee shall pay to DFH such
additional amount as may be necessary in order that the net amount
received by DFH after such taxes, deductions and withholdings shall not be
less than the amount DFH would have been entitled to receive in the
absence of any such taxes, deduction or withholding.
- That in the
event of the Licensee not honouring any booking, the Licensee shall find
an equivalent product for the Customer without recourse to DFH.
- To charge the
Customer the balance payable in respect of Product only upon arrival or
presentation, the balance being the difference between the full price
quoted on the internet and the Deposit retained by DFH.
- In relation to
any Product comprising accommodation, to charge the Customer, at the
Licensee's discretion, only in respect of the first night's stay in the
event of a failure of the Customer to arrive .
- That the
Licensee is responsible for updating and maintaining the pricing for its
Product through the DFH Inbox and that the Licensee is responsible for any
data entry errors which may arise in respect of pricing. This
responsibility includes ensuring that correct pricing and availability are
displayed for special event periods.
- That DFH has
no responsibility to the Customer for the making of bookings and that
bookings are agreements between the Customer and the Licensee and that the
Licensee shall indemnify DFH in respect of loss and damage arising from
any Customer claims.
- To respond in
a timely manner in relation to any queries.
- To respond within 48 hours to all user Price Requests. All Price Requests to be sent to the Licensee's Reservations Team e-mail. Please see How It Works page.
- To comply with
all applicable laws in its use of DFH technology and dealings with DFH,
including but not limited to, laws relating to privacy and data protection
insofar as they relate to Customer data.
- Not to
disclose any credit card information provided by any Customer to any
person other than as necessary to effect a lawful payment for Product or
as required by law.
- To keep its
Password & User Name private and in a safe place and for its own use
only and to never share these details with anyone. (Nobody has a right to
know your Password. If somebody insists on getting your password, please
report it to info@disabledfriendlyhotels.com
immediately. By sharing your
username/password with anyone, you are accepting full responsibility for
their actions as all the activity of the logged-in user is traced back to
the original owner of the account).
Liability
- The IT
services are provided by DFH on an 'as is' basis. DFH makes no
representations, warranties or undertakings with respect to the services
provided under this agreement. To the greatest extent permitted by
applicable law, all representations, warranties and conditions, express or
implied, statutory or otherwise, are hereby excluded, including without
limitation warranties as to quality or fitness for a particular purpose.
- DFH shall have
no liability to the Licensee for loss or damage arising out of or in
connection with this agreement, including but not limited to loss of data,
income, profit or opportunity and third party claims, or for any indirect
or consequential loss or damage.
- The Licensee
warrants that (i) any content which relates to the Licensee's Product
(including information, reviews and photographs) provided to DFH by the
Licensee (the "Content") is owned by the Licensee; and (ii) the
Content is true and accurate and not misleading.
- The Licensee
shall provide DFH, where requested, with accurate information as to any
additional local or value added taxes to be paid by the Customer in
respect of the Product.
- The Licensee
hereby grants DFH (and any sub-licensee of DFH) a royalty free licence to
use the Content.
- The Licensee
agrees to indemnify and hold DFH and its sub-licensees harmless in respect
of any claim by any third party arising from the use of the Content by DFH
or its sub licensee.
Termination Of The
Agreement
- Either party
may terminate this agreement by giving not less than 28 days written
notice.
- Any
outstanding bookings must be honoured by the Licensee notwithstanding
termination of this agreement.
- The Licensee
undertakes on termination of this agreement to cease using and to refrain
from further use of any software or service provided by Disabled Friendly
Hotels.com.
- DFH reserves
the right to terminate this agreement with immediate effect in the event
either:
- the
Licensee's average rating by Customers on DFH's website falls below 50%
(fifty percent); or
- failure by
the Licensee to comply with the terms of this agreement.
General
This agreement
shall be governed by and construed in accordance with the laws of Ireland; DFH and
the Licensee agree to submit to the jurisdiction of the Irish courts. This agreement is
personal to the Licensee and may not be assigned, sub-contracted or otherwise
transferred in whole or in part without DFH's prior written consent.
DFH and the Licensee are independent contractors
and nothing in this agreement shall render them partners, joint venturers or
principal and agent.
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