Terms and Conditions for Customer

Terms & Conditions For Customer

Travelonomy, Ltd.
Travelonomy, All Rights Reserved. © 2008
AFFILIATE TERMS OF SERVICE & AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY

TRAVELONOMY LTD WILL AGREE TO LICENSE THE TRAVELONOMY PLATFORM TO THE AFFILIATE PROVIDING ACCEPTANCE OF THE FOLLOWING TERMS OF SERVICE & LICENSING.

TRAVELONOMY SERVICE

1. The service is accessed via a Booking Badge, Widget or Plug-In on the Supplier's or Affiliate's website(s). Upon clicking, the user is redirected to a secure page that allows them to book the accommodation; this page can be branded as an affiliate without opening a separate browser, left as Travelonomy.com. or integrated into the Supplier page.

2. Supplier is free to list an unlimited number of properties in Travelonomy’s affiliate marketplace. Travelonomy is entitled to redistribute and re-sell all listed product(s) through the marketplace.

3. Deposits are non refundable unless written expression is given by Travelonomy.

4. A minimum deposit of 10% is taken at the time of booking and the remainder is paid directly to the supplier on arrival.

5. Email Notifications - On booking of any product the supplier, guest and affiliate will all receive an email notification confirming the booking.

- Customer Confirmation Email – The guest (End-User) receives an email confirmation of there booking.

- Supplier Email – The supplier receives a customer booking notification per booking.

- Affiliate Notification Email – Affiliate's receive an email per booking made through there website.

- Contractor Notification Email – Affiliate's who have listed product into the marketplace will receive a contractor notification email per booking.

6. Due to the nature of the internet email notifications arrival can never be guaranteed, it is the supplier’s responsibility to use the secure, online service provided by Travelonomy to monitor bookings.

7. All feedback, enhancements, bugs and cases relating to the Travelonomy platform and its components should be channeled through support@travelonomy.com.

Travelonomy operates its technical support service between:
Monday - Friday 9am -6pm GMT
Weekends if critical via email please state urgent in the subject folder

SUPPLIERS

1. Each Supplier agrees to comply with, all applicable local, state, national, and international laws and regulations. Including Internet regulations, policies, and procedures.

2. The Supplier is responsible for providing its own separate terms of service that govern their site and usage. Travelonomy is not liable and takes no responsibility for misuse or misinterpretation of its platform on your site(s).

3. The individual accommodation supplier is solely responsible for his/her usage of the system and when listing with Travelonomy agrees to the statements below, if they do not comply they can be removed from the system;

4. To confirm your listing with Travelonomy you agree to the following statements;

a) To promote yourself honestly and truthfully. b) To honor the automatic bookings you receive through the Travelonomy system. c) To supply booked guests with the accommodation stated on the confirmation email, unless already agreed with the guest. d) To update & maintain your availability and profile. e) That you are authorised to do so and are of legal age (18years+) to create this binding legal contract with Travelonomy.

CANCELLATION POLICIES

1. If a guest (End-User) fails to show up or does not cancel within 48hrs of arrival date the property can charge the end user for the amount of 1 (one) night of accommodation. The Supplier must report the ‘no-show’ from the Backoffice or to accounts@travelonomy.com within 2 (two) weeks of the event.

2. If the Supplier cancels a booking and the fault falls with the property, the customer will receive a full refund; it is the property’s responsibility to notify the end user (customer) of this situation and then contact Travelonomy to request a refund.

3. If a Supplier/End-User cancels a booking and the fault falls with Travelonomy - due to bugs, database errors or any other situation Travelonomy deems itself responsable for - it is Travelonomy’s responsibility to notify the End-User and issue a full refund.

4. Once a booking is made on the system, properties and guests will communicate directly with each other, unless special circumstances occur.

5. If properties fail to honour bookings due to poor availability management they can be removed from the marketplace.

PROGRAM POLICIES

1. Supplier may use the Service for any lawful purpose so long as he or she does not

(i) intentionally abuse or fraudulently use the Service, (ii) intentionally use the Service in a manner that causes interference to or tampers with another subscriber's or authorized user's use of the Travelonomy Services, or (iii) otherwise use the Service in a manner that intentionally violates this Terms of Service. The terms of this Terms of Service apply to any application or use of the Services.

2. Activities that fall within the scope of (i), (ii) or (iii) above include, but are not limited to, the following:

a) Intentionally transmitting Unsolicited Commercial Email (UCE) or transmitting bulk email b) Intentional denial of Service attacks of any kind c) Intentional Copyright infringement, Software Intellectual property violations d) Failure to provide legitimate contact information e) Knowingly unlawful or illegal activities of any kind f) Reverse Engineering software and or related components of the platform g) Intentionally causing or attempting to cause harm to another computer or network h) Intentionally violating any applicable law or regulation i) Intentional search engine spamming & indexing j) Intentionally distributing or promoting adult material

3. On signing up to the Travelonomy Affiliate Program you confirm that you are authorised to do so and are of legal age (at least 18 years old) to create this binding legal contract with Travelonomy.

4. Travelonomy takes no responsibility for outages occurring from network interruptions, physical security and other routine services that generally fall under the remit of an Internet Service Provider (ISP).

5. Travelonomy assumes no responsibility for the content of any material located on third party servers outside of our control.

6. Supplier agrees to hold Travelonomy harmless from any claims or expenses whether brought by Customer or by a third party related to a Supplier's breach of any of the terms stated in this document, or from any information, software or content placed by the Customer on a server accessible through a Service.

7. Travelonomy is not a party to the agreement between Accommodation Supplier and Guest and has no responsibility or liability in respect of the terms of that contract.

8. All Suppliers must be verified by Travelonomy, for this reason Supplier accounts are not transferable, assignable or resalable without express written consent from Travelonomy.

9. Travelonomy maintains a privacy and confidential for merchant and customer information. We have implemented security policies, rules and technical measures to protect the personal data that we have under our control. All employees who have access to or are associated with the processing of personal data, are obliged to respect our visitors' personal data.

10. If any provision in these Terms of Service is agreed to be unenforceable by both parties the provision will be modified by Travelonomy. All other provisions in this Agreement will remain in full effect.

11. While we make an effort to ensure that the booking process and property listed is of an acceptable standard, the listing of any property in the Travelonomy marketplace is not a recommendation from Travelonomy, or a representation that the property or activity will be suitable for the Customers’ purpose.

PAYMENTS

1. Travelonomy charges a standard 10% commission on all transactions in it's affiliate marketplace. However, all transactions made through the suppliers Booking Badge are exempt from this charge.

2. Travelonomy will supply a monthly account statement. All monies are transferred to the supplier "Upon Request" (minimum transfer €50.00).

3. Travelonomy charges a standard banking fee of 3% for all transactions and a withdrawal fee of €25.00 per transfer.

4. To ensure payment you, the Supplier, are solely responsible for providing and maintaining accurate payment information associated with your account. Any fees related to transfer issues based on the providing of incorrect information shall be deducted from/charged to the Supplier’s account.

5. If poor allocation management /service results in a guest refund the Property Contractor/Supplier will be charged €25.00

6. Payment shall be calculated solely based on records maintained by Travelonomy.

CONFIDENTIALITY

1. Suppliers agree not to disclose Travelonomy Confidential Information without prior written consent from Travelonomy. “Travelonomy Confidential Information” includes without limitation: (a) All Travelonomy software, technology, programming, specifications, materials, guidelines and documentation relating to the Program (b) Information designated in writing by Travelonomy as "Confidential"

2. Suppliers may accurately disclose the amount of Travelonomy gross payments. Travelonomy Confidential Information does not include information that (a) Became publicly known through no breach by Supplier or Travelonomy, (b) Independently developed without access to Travelonomy Confidential Information, (c) Rightfully received by the Supplier from a third party or (d) Required to be disclosed by law or by a governmental authority.

3. Travelonomy owns and may retain and use for its own purposes all information that the Supplier provides, the Supplier agrees that Travelonomy may transfer and disclose to third parties personally identifiable information about the Supplier for the purpose of approving and enabling participation in the Program. Travelonomy will not be liable for any disclosure of information to any third party.

TERMINATION AND TERM

1. Travelonomy can suspend or terminate your account or individual access rights to Services without written notice for conduct that Travelonomy reasonably believes "intentionally" violate this Terms of Service.

2. In addition to restricting or terminating access to the Service, Travelonomy may remove any materials that we have reasonable grounds to believe are in violation of international copyright laws or may be otherwise illegal, subject us to liability or that violate this Terms of Service. Travelonomy may also cooperate with legal authorities and/or third parties in the investigation of any suspected criminal activity.

3. This agreement between Travelonomy and you, the Supplier, is valid indefinitely.

4. This Agreement may be terminated at any time by either party.

GENERAL

1. The content of the Travelonomy platform is protected by international software intellectual property rights. The Software license granted under this Agreement does not authorize any use other than that which is expressly set out in this Terms of Service.

2. You acknowledge that the Licensed Technology contains third party components which are not owned by Licensor but are used by Licensor under license. Intentional breach of any of the terms of use of this web site could result in prosecution.

3. Our failure to enforce at any time or for any period any one or more of the terms and conditions of this Agreement shall not be a waiver of the rights attached to any of them.

4. Travelonomy does not guarantee the Program will be operable during any down time

a. Caused by outages to any public Internet backbones, networks or servers b. Caused by any failures of Your equipment, systems or local access services c. for previously scheduled maintenance d. Relating to events beyond Travelonomy control such as strikes, riots, insurrection, fires, floods, terrorism, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Travelonomy or Your servers are located or co-located.

5. Travelonomy reserves the right to change the Terms of Service at anytime without written notice. Suppliers agree to monitor such changes and that modifications and updates are binding on the Supplier.

6. You acknowledge ownership of the licensed software platform and agrees warrants and undertakes that it will do nothing inconsistent with such ownership and its Intended Use and that all use there of by Licensee shall inure to the benefit of Licensor.

7. This agreement constitutes the entire agreement between the Supplier and Travelonomy and it supersedes all prior agreements if applicable. If any part of this agreement is determined invalid it will be superseded with a valid version and the remainder of the agreement shall continue in effect.

8. This Service is controlled and operated by Travelonomy. Travelonomy makes no representation that materials in its platform (sites) are appropriate or available for use in your location. Those who choose to access this Service from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

9. By accessing this Service, you and Travelonomy agree that all matters relating to your access to, or use of this Service shall be governed by and construed in accordance with the laws of the Republic of Ireland, without giving effect to any principles of conflicts of law.

ELECTRONIC SIGNATURE

1. This agreement shall commence on selection of the Terms of Service check box. This serves as the affiliate’s electronic signature and states that they are in agreement with all the Terms & Conditions laid out in this agreement.

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