TERMS AND CONDITIONS
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TERMS AND CONDITIONS
1.  INTRODUCTION: Travelsurf (Pvt) Ltd. (here after referred to as TSN) has introduced a travel distribution B2C portal - Travelsurf.com - An online portal for hotels to sell rooms via (a) Travelsurf's 'Book Now' feature similar to the OTA (Online Travel Agency) model and (b) Travelsurf's patent pending distribution model "Your Choice @ Your Price" (YC@YP) - an opaque pricing model where travel suppliers and consumer negotiate online the best deal.
2.  APPOINTMENT AND ACCEPTANCE: HOTEL grants to TSN a non-exclusive right to market and distribute travel products and services of the HOTEL through TSN's Travelsurf.com channel. TSN hereby accepts such appointment and agrees that all sales of HOTEL's products made by Travelsurf.com and the relationship of the parties shall be subject to the terms and conditions of this agreement.
3.  NO AGENCY: HOTEL and TSN are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this agreement.
4.  MAINTENANCE OF HOTEL INFORMATION: TSN shall provide HOTEL an extranet service for maintaining information and its inventories on Travelsurf.com.
5.  ACCURACY OF INFORMATION: HOTEL agrees to maintain accurate and up to date content on Travelsurf.com and not to misrepresent any information.
6.  CHANGING INFORMATION: HOTEL may at anytime at its discretion change rates, minimum reserve rate limits, 'No Bid' limits, content, pictures, and other data without prior notice to TSN of such changes.
7.  INVENTORY ALLOCATION: HOTEL agrees to allocate and maintain an adequate supply of inventory on Travelsurf.com, and to honor all deals negotiated and accepted by HOTEL on Travlsurf.com. HOTEL may change, reduce or close out days from the unused allocated inventory, from time to time, without any prior notice to TSN.
8.  CONFIDENTIALITY: Accept for during the course of negotiations with customer where TSN may counter an offer, TSN agrees not to disclose the HOTEL's Minimum Acceptable Rate (MAR) set up by HOTEL to customer, other hotels, or to any other 'third party' at any time, and to ensure that such information is kept confidential at all times. TSN also agrees not to disclose or share HOTEL specific confidential information, bid acceptance, counter offers and rejections with any 'third party' including other hotels.
9.  MARKETING & PROMOTION: TSN shall be responsible for all distribution costs, software enhancements, website maintenance and marketing expenses.
10.  CO-OP MARKETING PARTICIPATION: HOTEL agrees to participate in TSN's co-op marketing program by contributing three (3) room nights per year to be used by TSN towards marketing & promotional activities of Travelsurf.com site to consumers.
11.  RESERVATION POLICY: All reservations sent to HOTEL shall be non-cancellable, non-changeable, and non-refundable.
12.  SETUP & HOSTING COSTS: TSN shall waive its one-time license & set up fee and yearly hosting fee for the term of this Agreement.
13.  TSN FEE: TSN shall charge HOTEL 12% on the negotiated transaction amount between the HOTEL and Travlsurf.com customers for successful bookings via Travelsurf.com's YC@YP engine and 15% fee for reservations generated via Travelsurf's 'Book Now' OTA model.
A 2% payment gateway fee will be charged to HOTEL on all successful bookings.
14.  MINIMUM RESERVE RATE: HOTEL agrees to set the confidential MAR limits on Travelsurf.com at least 5% below the hotel's online published rates on OTA sites at all times.

If any time during the term of this agreement TSN finds the MAR settings on Travelsurf.com not in compliance with clause 14 of this agreement, TSN has the right to reduce HOTEL'S MAR to a maximum of 5% below the OTA published rate without prior notice. TSN shall notify the HOTEL of such change along with screen capture(s) of the OTA site where such rate was found.
15.  PAYMENT TO HOTEL: TSN shall be responsible for collecting the amount of the transaction conducted between HOTEL and Travelsurf.com's user and deliver the amount to HOTEL, less TSN fee stated in item # 13, within 72 hours of the booking.
16.  OTHER GUEST CHARGES & EXPENSES: TSN is not responsible for any additional expenses, fee, damage caused by guest, and other sundry expenses incurred by guest. HOTEL shall be responsible to collect all additional charges directly from the guest.
17.  COPYRIGHT/OWNERSHIP: Travelsurf.com and services are confidential and proprietary products of TSN and are protected by copyright, Patent filings and other intellectual property laws. HOTEL acquires only the right to use them and does not acquire any other rights, expressed or implied. TSN, or its licensor, shall at all times retain all rights, title, interest, including intellectual property rights.
18.  LIMITATION OF LIABILITY: IN NO EVENT SHALL TSN, ITS LISENSORS, AGENTS, FRANCHISEES OR STAFF BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY HOTEL OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF TSN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TSN's ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE FEES ACTUALLY PAID BY HOTEL TO TSN FOR THIS LICENSE.
19.  DISCLAIMER OF WARRANTY: TRAVELSURF.COM SYSTEM AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TSN FURTHER DISCLAIMS, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
20.  INDEMNITY: HOTEL agrees to indemnify and hold TSN and its subsidiaries, affiliates, officers, directors, agents, franchisees, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
21.  NOTICES: Any notice required under this Agreement shall be in writing, and may be delivered personally, via email, or registered mail to the address provided by the parties, or such other address as may be provided by one party to another in future for such purpose. TSN may utilize electronic means to provide HOTEL with notice of changes to the applicable terms and conditions or applicable charges. TSN may also propose the formation of new agreements through electronic means.
22.  FORCE MAJEURE: Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of GOD, war, governmental action, labour conditions, earthquakes, material shortages, or any other cause which is beyond the reasonable control of such party.
23.  DURATION OF AGREEMENT: The term of this agreement shall remain in effect until two years from the date of signing this agreement. This agreement shall automatically renew for successive one (1) year periods unless either party serves a written notice of cancellation thirty (30) days prior to end of the Agreement.
24.  TERMINATION OF AGREEMENT: This agreement may be terminated in the event of a material breach that is not remedied within sixty (60) days following that delivery of written notice of the breach.
25.  SUSPENSION OF SERVICES: In the event HOTEL fails to adhere to any of the above terms and conditions TSN may at its sole discretion suspend services to HOTEL without any prior notice.
26.  CHANGES TO TERMS & CONDITIONS: TSN may change the terms and conditions from time to time by giving thirty (30) days advance written notice to HOTEL.
27.  WAIVER: The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
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