The following conditions apply if you list your accommodation with us.
By supplying details and offers through the websites operated by bookhinterland.com.au (a trading name of WorldWide WiZZard Pty Ltd), referred to in this agreement as "us", "we", and "our", Suppliers, referred to in this agreement as "you" and "your", agree to the following terms and conditions, in conjunction with the specific terms of trade.
1.1 Accommodation includes rooms in hotels, motels, apartments, B& B’s or other accommodation.
1.2 Accommodation Data means data pertaining to the displayed accommodation, including supplier details, rack rates, cancellation policies and ratings listed by you that you propose to offer to the public through the Site for the Advertised Price.
1.3 Advertised Price is the displayed accommodation rate and includes taxes.
1.4 Booking means a booking of Accommodation for a relevant period made by a customer on our Site at the rate and for the room type displayed on the Site by you.
1.5 Commission means that percentage agreed for providing you with our services.
1.6 Guest means a person who books Accommodation through the Site.
1.7 Net Price means the Advertised Price less our agreed commission.
1.8 Partial Payment means that part of the Advertised Price payable by the Guest to us, with the balance of the Advertised Price being payable to you before or after the Guest's stay at your discretion.
1.9 Site means our websites, designed, constructed and maintained by us, that offers the facility to book Accommodation to the public at large.
2. REPRESENTATIONS AND WARRANTIES BY THE PARTIES
2.1 You represent and warrant that:
You are the owner or are legally authorised to act on behalf of the owner of the Accommodation.
The Accommodation Data and the Accommodation complies with all applicable laws, statutes, ordinances and regulations.
2.2 We do not guarantee continuous, uninterrupted, or secure access to the Site, as the operation of the Site may be interfered with by numerous factors outside our control.
3. SECURITY OF THE SITE
3.1 We shall provide you with a password to access the Site.
3.2 You agree not to publish, or make available, your password to any third party. You are responsible for any use of or action taken under your password. If your password is compromised you must change your password.
4. SITE CONTENT
4.1 You are solely responsible for the Accommodation Data.
You will maintain accurate and up to date information about your properties submitted and accepted by us (in our discretion) including details about:
4.2 The Booking Price and each other term of offer will be at least as favourable to users as and if offered on other online channels (including your own website) for the same Accommodation and period.
4.3 Your Accommodation Details, or any contact with a guest before a booking is secured, must not contain any URLs or other calls to action directing users of the Sites to any alternative booking method - for the avoidance of doubt we will be entitled to immediately terminate this Agreement if this requirement is breached.
4.4 You agree that you shall not transmit on or through the Site any material that is, inappropriate, unlawful, obscene, threatening, abusive, defamatory, encourages behaviour that may give rise to criminal activity, is considered adult content, is a breach of intellectual property or may give rise to civil liability.
4.5 We may remove, at our sole discretion, any offending or inappropriate material from the Site without notice.
4.6 We may make changes to the Site at our complete discretion.
5. BOOKINGS AND PAYMENT CONDITIONS
5.1 We will accept bookings from Guests at the Advertised Price as an independent reseller.
5.2 You agree to provide Accommodation in accordance with the Accommodation Data for each booking as notified by us.
5.3 Upon the Guest's registration in accordance with the booking, it is in both your and our interest thay you sight the registering Guest's (or Guests') credit card or valid photo identification to confirm the identity of the Guest.
5.4 You agree to provide Accommodation to the Guest and to pay us the agreed Commission.
5.5 Payment: there are three options available
5.5.1 Payment of the Net Price will be made to you as soon as practical after the end of the month your Guests checked out. To claim payment from us for a Booking, following the Guests' departure (and not more than 12 months later), you can submit a proof of stay which will at a minimum include for each Booking:
5.5.2 If you choose for us to only collect a Partial Payment for a Booking with the balance of the Net Price being payable direct to you, then we will make payment of the difference between the Partial Payment and our Commission, if any, to you as soon as practical after the end of the month your Guests checked out.
5.5.3 Alternatively, you may opt in to our Split Payment System where payment of either the Net Price or the difference between the Partial Payment and our Commission, is made immediately using the PayPal System at the time of payment by the Guest for the Booking.
5.6 Our liability to pay you is conditional upon your compliance with this clause 5.
5.7 We shall remit payment to your nominated bank account, PayPal account or by other method as agreed.
5.8 If a Guest fails to register in accordance with the booking, we will remit payment to you in accordance with your cancellation policy, if your cancellation policy is published on the Site. If your cancellation policy is not published on the Site, we will remit the equivalent of one night's accommodation at the Net Price on receipt of your invoice in accordance with this clause 5.5.
5.9 Guest Changes: Unless otherwise agreed to by us, you are solely responsible for any changes or services requested by a guest directly with you and you are solely responsible for collecting from the guest any charges for such changes or additional services.
5.10 If you are unable to provide your service after a booking has been confirmed you will provide an alternative service of similar or better standard, including any transfers, at your expense, which is acceptable to the customer. In these circumstances we are still entitled to all amounts payable by you under this agreement as if the booking had been stayed and completed.
5.11 You are responsible for calculating, reporting and paying any applicable taxes on Bookings made through our Site to the applicable tax authorities.
6. INFORMATION AND INTELLECTUAL PROPERTY RIGHTS
6.1 You acknowledge that we own all rights, title and interests to the Site, search technology, and that you will not acquire any right, title or interest in or to the Site, and that all of the software used on the Site is subject to copyright.
6.2 USE OF GUEST INFORMATION. You will not directly or indirectly use or disclose any Guest information acquired from us other than as necessary for you to perform your obligations under this Agreement or as required under any applicable law. You will not target communications on the basis of the intended recipient being a user of the Site.
7. RELEASES & INDEMNITIES BY THE SUPPLIERS
7.1 You indemnify us and our associated entities against liability or loss arising from, and cost incurred in connection with, damage, loss, injury or death to any third party caused or contributed to by your act, neglect or default, or the act, neglect or default of your servants and agents;
7.2 You release us from, and agree that we are not liable for:
Damage, loss or injury to you arising from, and cost incurred in connection with:
a) the use of the Site and any breach by you of this Agreement,
b) the Accommodation Details,
c) Bookings not fulfilled by you under the terms of this Agreement,
d) the calculation, reporting or payment of any taxes that you are responsible for in relation to Bookings made through the Sites,
e) Any person's stay at the Accommodation,
f) damage, loss or injury incurred in connection with the Site being interrupted, unavailable or not working properly, however caused.
g) You will obtain all necessary licenses, approvals and authorities relating to your properties. You will conduct your business in accordance with the law.
7.3 Neither party will be liable to the other on any legal basis (including negligence) for any interruption to business, loss profits, loss of data or any consequential or indirect losses. Without limiting the indemnification or rights to recover amounts payable under the express terms of this Agreement, to the extent permitted by law neither party's aggregate liability arising out of or in connection with this Agreement for any legal basis (including negligence) will exceed the total amount of commission earned by us under this Agreement in the twelve months prior to the event giving rise to the liability.
8.1 Either party may terminate this agreement by giving 30 days notice to the other party by email of its termination of this agreement. If either you or we breach the Agreement or become insolvent, termination may be effected immediately upon notice by email to the other party.
On termination by us, we will deactivate your password and remove the Accommodation Data from the Site.
On termination by you, you will remove the Accommodation Data from the Site.
On receipt of notice of termination by you, we will deactivate your password.
8.2 You acknowledge that:
You have no claim for compensation or otherwise from us if the agreement is terminated under this clause 8, save for any claim for payment made pursuant to clause 5;
You will honour all bookings made up to and including the date of termination for Accommodation to be provided after the date of termination; and on termination by you, you will honour all bookings made between the date of termination and the date the Accommodation Data is removed from the Site for any accommodation that is to be provided after the date of termination.
9. APPLICABLE LAW
9.1 This agreement is governed by the laws of Queensland and Australia as applicable, and the parties agree to the appropriate jurisdiction for any legal proceedings arising out of this agreement.
9.2 Either you or we may assign this Agreement upon notice to the other party in connection with any sale, merger or reorganization with the effect that the Agreement will be binding on and enforceable by the assignee.
9.3 To be effective, any waiver of either your or our rights or obligations must be made in writing and signed by the waiving party.
9.4 We may make changes to these terms and conditions from time to time. Any changes will be effective upon posting a modified version on our Site. You are responsible for reviewing the notice and any applicable changes. Your continued use of the service following posting of any changes will constitute your acceptance.