Skip to main content

CHANNELS PLUS ADDENDUM

This Channels Plus Addendum forms part of the Agreement between the Customer and SiteMinder. By clicking “I Agree”, or using Channels Plus, the Customer acknowledges that it has read and agrees to this Addendum.

1. DEFINITIONS AND INTERPRETATION

1.1 Accommodation Information has the meaning given in clause 3.1.

Agreement means the User Agreement or Web Terms, as applicable to the Customer.

ARI means availability, rates and inventory.

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

Channels Plus or Channels Plus Platform has the meaning given in clause 2.1.

Currency means the currency set in the SiteMinder Platform.

Customer means the person or entity using the Products or Services.

Customer Collect Booking means a booking where the guest is required to guarantee the booking with credit card details at the time the booking is made on the Booking Service, but payment is collected by the Customer.

Completed Booking means a booking, which was booked via a Booking Service, that has been charged by the Customer (including cancellations and no-shows outside of the free cancellation period).

Partner means SiteMinder’s connected software and service partners such as online travel agencies and similar distributors and wholesalers of, and marketplaces for, temporary accommodation, with access to the Channels Plus Platform.

Partner Collect Booking means a booking where the Partner collects payment on behalf of the Customer via the Booking Service.

PCI DSS means the Payment Card Industry Data Security Standard issued by the Payment Card Industry Security Council, as updated from time to time. 

Property means the temporary accommodation building owned or managed by the Customer.

SiteMinder Commission per booking is equal to the multiple of (i) the number of nights stayed with and/or charged by the Customer, (ii) the rate per room per night exclusive of taxes (unless notified otherwise by SiteMinder in writing) but inclusive of fees, levies and other charges, including but not limited to any extras or add-ons chosen or agreed to by the guest at the time of the booking or during the guest’s stay, such as meals, late check-out/early check-in fees, extra person charges, resort fees, theatre tickets, service fees, (iii) the number of rooms booked by the guest, and (iv) the commission percentage stated on the Channels Plus Platform.

Tax means any sales tax, value added tax (VAT), goods and services tax (GST) or other applicable tax in the applicable jurisdiction.

User Agreement means an agreement between the Customer and SiteMinder governing the use of the Products and Services.

VCC means a Virtual Credit Card.

Web Terms means SiteMinder’s standard terms and conditions, available at www.siteminder.com/legal.

1.2 All capitalised terms used but not defined in this Addendum have the meaning given to them in the Agreement.

1.3 Where this Addendum conflicts with any provision of the Agreement, the terms of this Addendum will prevail.

2. CHANNELS PLUS PLATFORM

2.1 SiteMinder has developed an API that enables Customers to upload ARI and other content/information to a marketplace where Partners (contracted with SiteMinder) can view and pull the Customer’s Accommodation Information so that it can be featured and sold through their Booking Service (Channels Plus Platform).  Customers may select which Partners may view the Customer’s Accommodation Information.

2.2 SiteMinder will provide the Customer with access to the Channels Plus Platform to upload Accommodation Information, view bookings, and view Partner promotional deals made available by SiteMinder.

2.3 By participating in Channels Plus, the Customer:

  1. acknowledges that SiteMinder:
    1. will provide Partners (contracted with SiteMinder) with access to the Channels Plus Platform to view the Customer’s ARI and Accommodation Information so that it can be featured and sold via the Booking Service;
    2. does not guarantee that any particular Partner will have access to the Channels Plus Platform;
    3. does not guarantee the sale of inventory uploaded to the Channels Plus Platform;
    4. has no control over the order in which a Property is listed for display via the Booking Service;
    5. may initiate promotional deals via the Channels Plus Platform, which the Customer may elect to participate in subject to any additional terms and conditions contained therein, including but not limited to varying the SiteMinder Commission. The Customer acknowledges that any reference to the ability to create a “direct agreement” with a Partner is a form of promotional campaign made available by SiteMinder and does not create a direct contractual relationship between the Customer and Partner; and
    6. may, in its sole discretion, allow the Customer to initiate promotions for selected Partners via the Channels Plus Platform in respect of the Customer’s available inventory, including but not limited to varying room rates;
  2. acknowledges that once a Partner pulls the Customer’s available inventory from the Channels Plus Platform, that inventory must not be sold by the Customer via any other means; and
  3. grants SiteMinder a non-exclusive, royalty-free, worldwide and sub-licensable right to store, copy, distribute, display, publish and otherwise use the Accommodation Information to perform its obligations under this Addendum.

2.4 The Customer must comply with SiteMinder’s:

  1. fair use policies relating to the use of the Channels Plus Platform; and
  2. reasonable directions regarding the use of the Channels Plus Platform.

2.5 SiteMinder reserves the right to suspend, amend or remove from publication any Accommodation Information or other information uploaded by the Customer to the Channels Plus Platform.

3. ACCOMMODATION INFORMATION

3.1 The Customer must upload information (including photos and videos) to the Channels Plus Platform relating to the Customer and its rooms, amenities and services, rates in the Currency (including all applicable taxes, levies, surcharges and fees, unless otherwise agreed by SiteMinder in writing), cancellation policies, payment terms and other terms and conditions, and anything required by law to be displayed (such as licensing) (Accommodation Information).

3.2 The Accommodation Information must be true, accurate, not misleading, and updated as frequently as required to ensure its continued accuracy.

3.3 The Customer’s payment terms must require the guest’s booking to be either a Partner Collect Booking or a Customer Collect Booking, which will be at the Partner’s sole discretion.

3.4 Room images must have tags/titles indicating the room type.

3.5 The Customer must disclose if any star rating is self-rated.

3.6 SiteMinder must ensure that the Accommodation Information:

  1. is accurately displayed on the Booking Service; and
  2. is used by the Partner for the purposes of this Addendum only,

unless otherwise agreed by the Customer in writing.

3.7 The Accommodation Information is and will remain the exclusive property of the Customer.

3.8 If SiteMinder or the Partner create any translations of the Accommodation Information, the translations will be the exclusive property of SiteMinder or the Partner (as applicable) and must not be used by the Customer for any other distribution channel or purpose.

4. BOOKINGS

4.1 The Customer acknowledges that all guest bookings will be either a Partner Collect Booking or a Customer Collect Booking, which will be at the Partner’s sole discretion.

4.2 SiteMinder must:

  1. ensure the Partner provides the Customer with written confirmation of any booking made via a Booking Service, (Booking Confirmation); and
  2. ensure the Partner provides the guest with a copy of the Booking Confirmation.

In respect of Customer Collect Bookings:

  1. SiteMinder must ensure the Booking Confirmation provided to the Customer in accordance with clause 4.2(a) includes the credit card details provided by the guest to guarantee the booking;
  2. the Customer must verify the validity of the credit card details included with the Booking Confirmation and pre-authorise the credit card. If the credit card is not valid or cannot be pre-authorised, the Customer must notify the relevant Partner. The Partner may invite the guest to guarantee the booking using different credit card details. If the guest is unable or unwilling to do this, the Partner will cancel the booking;
  3. the Customer is solely responsible for ensuring the validity of credit card details provided by the guest. Neither the Partner nor SiteMinder will have any liability in circumstances where the credit card details provided by the guest are not effective or valid for any reason;
  4. once a booking becomes non-refundable, the Customer may charge the guest for the Completed Booking, including applicable taxes, for which the Customer will be liable and remit to the relevant tax authorities; and
  5. the Customer must charge the guest in the Currency. To the extent this is different to the currency contained in the Booking Confirmation, the Customer may use a fair and publicly available exchange rate.

4.4 In respect of Partner Collect Bookings:

  1. once a booking becomes non-refundable, SiteMinder will provide the Customer with a single-use VCC issued by the Partner loaded with the funds paid by the guest for the booking on the Booking Service in the Currency. The VCC will consist of a 16-digit account number, expiry date and “CVV/CVV2” code (VCC Details);
  2. the Customer may use the VCC Details to collect payment in respect of the booking;
  3. the Customer must not collect payment from guests in respect of any amounts already paid to the Partner;
  4. the Customer acknowledges that in some instances it may be charged a surcharge by merchants in connection with the use of the VCC, which may appear as a separate transaction, and for which SiteMinder and the Partner have no liability;
  5. the Customer acknowledges that it is liable for all transactions made using the VCC, including but not limited to any unauthorised transactions where the Customer has contributed to the loss by:
  6. breaching or compromising the security of the VCC Details; or
  7. delaying the reporting of the loss, theft or misuse of the VCC Details;
  8. the Customer acknowledges that SiteMinder is not responsible for any decision by a merchant to accept or reject the use of a VCC or for any charges incurred by any user of the VCC who does not, in fact, have sufficient authorisation to use the VCC;
  9. the Customer must:
    1. only use the VCC to collect payment for the booking in accordance with this clause 4.4, and for no other purpose;
    2. only use the VCC once, and only in respect of the relevant booking for which it was issued;
    3. not provide the VCC Details to anyone else;
    4. use the VCC in advance of the expiry date;
    5. not use the VCC if the VCC Details are lost or stolen or if the Customer suspects that someone else knows the VCC Details, and in such circumstances must immediately inform SiteMinder; and
    6. comply with any additional security requirements as notified by SiteMinder from time to time;
  10. the Customer agrees that it will cooperate with SiteMinder in investigating any claims in connection with the misuse of a VCC; and
  11. the Partner may be entitled to seek to reverse (chargeback) a VCC charge where there is a dispute regarding the booking. The Customer will provide SiteMinder with all necessary assistance and information in connection with the dispute, and the dispute will be resolved by the parties in accordance with the dispute resolution procedures contained in the Agreement.

4.5 In respect of all bookings, the Customer must:

  1. subject to clauses 4.3(b) and 7, accept a guest that has booked via the Booking Service and handle the booking in compliance with the Booking Confirmation, including any supplementary information and/or wishes made known by the guest;
  2. immediately notify SiteMinder of any cancelled bookings and no-shows via the Channels Plus Platform; and
  3. accept all major credit cards (including Master Card, Visa and American Express).

5. SITEMINDER COMMISSION

5.1 In consideration of the parties’ respective obligations under this Addendum, the Customer agrees to pay to SiteMinder the SiteMinder Commission in respect of Completed Bookings.

5.2 The SiteMinder Commission is exclusive of Tax unless stated otherwise by SiteMinder in writing. If Tax is applicable to the SiteMinder Commission, SiteMinder may add to the SiteMinder Commission an amount equal to the applicable Tax.

5.3 SiteMinder will invoice the Customer monthly for the SiteMinder Commission owed in respect of all Completed Bookings in the preceding month.

5.4 If the SiteMinder Commission has been calculated in a currency other than the invoice currency, SiteMinder may use publicly available foreign exchange rates to convert the amounts payable by the Customer to the invoice currency.

5.5 Without prejudice to clause 2.3(a)(v), SiteMinder may change the SiteMinder Commission by providing the Customer with at least 30 days’ written notice. If the Customer does not accept the change, it must cease using Channels Plus prior to the end of the notice period.

6. PCI DSS COMPLIANCE

The Customer warrants that it will:

  1. store, process and transmit all Personal Information, including cardholder data, in accordance with the PCI DSS, remain compliant with PCI DSS for the duration of the Agreement, and provide evidence of compliance upon SiteMinder’s request; and
  2. immediately notify SiteMinder in the event of any non-compliance with PCI DSS.

7. OVERBOOKINGS AND CANCELLATIONS

7.1 The Customer must notify SiteMinder and the relevant Partner of overbookings as soon as possible and use all reasonable endeavours to procure alternative arrangements of equal or superior quality for the affected guests.

7.2 If the Customer notifies SiteMinder and the relevant Partner of an overbooking:

  1. less than 2 Business Days prior to the check-in date or greater than 1 Business Day after the Customer received the Booking Confirmation, the Customer will be liable for all reasonable costs associated with procuring suitable alternative accommodation for the guest(s), including transportation to the alternative accommodation; or
  2. 2 or more Business Days prior to the check-in date and within 1 Business Day of the Customer receiving the Booking Confirmation, the Partner will cancel the booking. The Customer will have no liability for costs associated with alternative accommodation.

7.3 The Customer must not cancel a booking and allow the guest to re-book directly with the Customer.

8. SUPPORT

The parties must comply with the support requirements outlined in Annexure A.

9. MARKETING

The Customer may be promoted by SiteMinder or a Partner in online marketing, including email marketing and pay-per-click advertising.

10. GUEST REVIEWS

10.1 SiteMinder will have no liability for the content and consequences of guest comments or reviews published by a Partner via the Booking Service or other forum.

10.2 The Partner retains ownership of all Intellectual Property Rights in the guest reviews and the Customer must not publish, market, promote, copy, or otherwise use the guest reviews without SiteMinder’s prior written approval.

11. TERMINATION

The Customer may cease using Channels Plus by notifying SiteMinder in writing.

Annexure A – Support Services

Support topic/issue Partner Responsibilities SiteMinder Responsibilities Customer Responsibilities
SiteMinder Commission disputes SiteMinder to investigate and attempt to resolve any disputes related to the SiteMinder Commission. Customer must provide SiteMinder with all necessary support to allow SiteMinder to investigate and resolve any disputes related to the SiteMinder Commission.
Guest payments Partner responsible for collecting payments from guests in respect of Partner Collect Bookings and provision of VCC Details to the Customer (via the Channels Plus Platform), consistent with the terms of this Addendum. In respect of Partner Collect Bookings, SiteMinder to facilitate the passing of VCC Details from the Partner to the Customer via the Channels Plus Platform. Customer responsible for collecting payments from guests in respect of Customer Collect Bookings consistent with the terms of this Addendum.
Customer Accommodation Information on Partner Booking Service Partner must provide SiteMinder with all necessary support to allow SiteMinder to investigate and resolve any concerns or disputes regarding the display of Customer’s Accommodation Information on the Partner’s Booking Service. SiteMinder will investigate and resolve any concerns or disputes regarding the display of Customer’s Accommodation Information on the Partner’s Booking Service. Customer must report to SiteMinder any queries or concerns regarding Accommodation Information on the Partner Booking Service (such as pricing) immediately upon becoming aware, and provide SiteMinder with all necessary support to resolve.
Guest support/ communications prior to making booking and/or prior to guest stay Partner to support and communicate with guest when contacted by guest directly.

Partner may contact Customer on guest’s behalf regarding questions/concerns received from guests in relation to the booking.
SiteMinder will provide relevant Customer and Partner contact details to facilitate Partner/Customer communications. Customer to support and communicate with guest when contacted by guest directly.

Customers must respond to questions/concerns raised by Partner (itself or on guest’s behalf) in relation to the booking.
Guest support/ communications on day of guest arrival and during guest stay Partner may contact Customer on guest’s behalf regarding questions/concerns received from guests in relation to the booking, so that Customer can support. SiteMinder will provide relevant Customer and Partner contact details to facilitate Partner/Customer communications. Customer must manage all guest services, communications and issues.
Booking modifications & cancellations (requested prior to day of guest arrival) Partners must facilitate guest modifications and cancellations in accordance with Customer booking policy. SiteMinder will provide relevant Customer and Partner contact details to facilitate Partner/Customer communications. Customer must refer guests to Partner to facilitate guest modifications and cancellations in accordance with Customer booking policy.
Overbookings 2 or more Business Days to arrival AND reported by Customer within 1 Business Day of booking: Partner to communicate with and support guest in relation to cancellation/rebooking.

Less than 2 Business Days to arrival OR not reported by Customer within 1 Business Day of booking: Partner may relocate guest if Customer fails to do so within a reasonable timeframe of becoming aware of the overbooking.

Any disputes in relation to overbookings must be raised with SiteMinder.
SiteMinder will provide relevant Customer and Partner contact details to facilitate Partner/Customer communications and the resolution of any disputes. Customer to immediately notify the Partner of overbooking and use all reasonable endeavours to procure alternative accommodation of equal or superior quality for the affected guests.

2 or more Business Days to arrival AND reported within 1 Business Day of booking: if unable to secure suitable alternative accommodation, Customer will inform the Partner to cancel the booking via the Channels Plus Platform.

Less than 2 Business Days to arrival OR not reported within 1 Business Day of booking: Customer must provide relocation services into similar or better accommodation.

Any disputes in relation to overbookings must be raised with SiteMinder.