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CHANNELS PLUS AGREEMENT (AGODA)

By clicking “I Agree”, or activating Agoda on the Channels Plus Platform, the Customer acknowledges that it has read and agrees to these terms and conditions.

1. DEFINITIONS AND INTERPRETATION

1.1 In these terms and conditions, unless the context requires otherwise:

Agoda means Agoda Company Pte. Ltd or any Related Body Corporate.

Agoda Booking Service means the service operated by Agoda through which guests can view, compare and book accommodation and ancillary products and services.

Agreement means the agreement constituted between the Customer and SiteMinder comprising these terms and conditions, and any applicable annexures or addendums.

Channels Plus Agreement means the Agreement and associated Addendum entered into by the Customer and SiteMinder (or a Related Body Corporate) in relation to the Customer’s access to, and use of, the Channels Plus Platform.

Control in relation to an entity means the capacity to determine the outcome of decisions about the entity’s financial or operating policies.

Effective Date means the date of acceptance of these terms and conditions.

Related Body Corporate means, in relation to any entity, a company that Controls the entity, a company that is under the Control of the entity or is Controlled by the same company that Controls the entity.

SiteMinder means SiteMinder Limited (a company incorporated in Australia, ACN 121 931 744).

1.2 The terms of the Channels Plus Agreement are incorporated into this Agreement by reference. In the event of any inconsistency between the terms of this Agreement and the Channels Plus Agreement, this Agreement will prevail to the extent of the inconsistency.

2. TERM

This Agreement commences on the Effective Date and continues until terminated in accordance with clause 6.

3. AGODA BOOKING SERVICE

3.1 The Customer wishes to provide Agoda with access to the Customer’s Accommodation Information so that it can be featured and sold through the Agoda Booking Service, subject to the terms of this Agreement.

3.2 The Customer acknowledges that SiteMinder has complete discretion to exclude Properties located in certain countries from being featured and sold through the Agoda Booking Service.

4. BOOKINGS

4.1 The Customer acknowledges that Agoda is entitled to give an incentive or discount to guests with respect to rates provided by the Customer, which will be at Agoda’s own cost.

4.2 In circumstances where:

  1. a booking cannot be honored at check-in,
  2. the Customer has been unable or fails to provide Agoda the booking confirmation number upon request from Agoda’s customer service agent within fifteen (15) minutes of the first point of contact by Agoda, or
  3. the Customer cannot be contacted,

SiteMinder and Agoda reserve the right to take over the case immediately to relocate the guest(s).

4.3 In circumstances where a booking cannot be honored within seven (7) days from the check-in date, the Customer will be charged the first night of the original booking amount paid by the guest and must cancel the booking for free.

4.4 In circumstances where a guest has booked a room on the Agoda Booking Service for more than one (1) consecutive night (for example, a five (5) night stay at one property), the Customer must not, directly or indirectly, do anything that will:

  1. cause the guest to change rooms during their stay, save if the guest requests a change,
  2. require the guest to check out prematurely and re-check in into the same room or another room, and/or
  3. interfere in any way with the guest’s enjoyment of the room.

4.5 In the event that SiteMinder finds, or has a reasonable suspicion, that a booking is created with a stolen payment method, is created fraudulently or created without the cardholder’s authorisation or permission, or is created for the purposes of abusing Agoda’s systems or the Agoda Booking Service, the booking will be cancelled immediately and the Customer must waive any cancellation fees and refund to SiteMinder any booking funds received.

4.6 Agoda will have the ability to contact and market to guests who have booked at the Customer’s Property on the Agoda Booking Service, in accordance with Agoda’s privacy policy on www.agoda.com, and otherwise in accordance with Data Protection Requirements.

4.7 The Customer will immediately inform SiteMinder, in writing, of any claim by a guest or third party with respect to bookings made on the Agoda Booking Service.

4.8 The Customer must comply with and abide by the principles of the Booking Holdings Supplier Code of Conduct, as updated from time to time on https://www.bookingholdings.com/supplier-code-of-conduct/.

4.9 The Customer must not attempt to contact the guest directly about any booking made through Agoda, without SiteMinder or Agoda’s written consent.

5. PAYMENTS

5.1 The Customer acknowledges that at the time of the booking, Agoda will collect 100% of the booking funds from the guest. SiteMinder will pay the net total booking amount (excluding the SiteMinder Commission) to the Customer. SiteMinder will provide the Customer with a monthly statement of the SiteMinder Commission paid.

5.2 All bookings on the Agoda Booking Service are Partner Collect Bookings.

5.3 On the earlier of (i) a booking becoming non-refundable, (ii) a booking being cancelled outside of the free cancellation period, and (iii) the guest checking in, SiteMinder will provide the Customer with a single-use VCC. The VCC will be loaded with the funds net of the SiteMinder Commission owed on each booking.

5.4 The Customer irrevocably and unconditionally waives any right to challenge the correctness of the booking amount and/or dispute the same once any payment has been claimed by the Customer. The Customer is responsible for disputing the booking amount no later than 60 days after guest departure and in any event before the Customer successfully charges the VCC. If no dispute is initiated within 60 days or the Customer has charged the VCC within such period, then the booking amount will be deemed to be correct.

5.5 SiteMinder may reverse (chargeback) a VCC charge if there is a dispute regarding the booking, if a booking is subsequently reversed or refunded in accordance with the terms of this Agreement, or if a VCC is improperly charged (including an overcharge, a charge in the incorrect currency, or an unauthorised charge).

5.6 The Customer acknowledges that in the event SiteMinder’s agreement with the VCC service provider terminates or expires, SiteMinder may pay the net total booking amount (excluding the SiteMinder Commission) to the Customer via alternate means.

6. TERMINATION

6.1 The Customer may terminate this Agreement at any time by deactivating Agoda on the Channels Plus Platform.

6.2 SiteMinder may terminate this Agreement at any time by giving the Customer written notice.

6.3 This Agreement will automatically terminate if the Channels Plus Agreement terminates for any reason.

6.4 Upon termination of this Agreement:

  1. accrued rights, remedies, obligations or liabilities of either party up to the date of expiry or termination are not affected; and
  2. all bookings received and confirmed through the Agoda Booking Service prior to the termination of this Agreement will be honored in accordance with the booking conditions.

7. GENERAL

7.1 SiteMinder may assign this Agreement, and any rights, obligations or licenses pursuant to it, to a Related Body Corporate without the Customer’s consent.

7. 2 The Agreement is governed by the laws of, and the parties submit to, the exclusive jurisdiction of the courts in New South Wales, Australia.