Thank you for visiting Book4trip.com (the "Website"). Please read these terms and conditions carefully before you start to use the Website. By accessing and using this Website, you indicate that you accept (unconditionally and irrevocably) these terms and conditions (the "Agreement"). If you do not agree to these terms and conditions, please refrain from using our Website and exit immediately.
The Terms and Conditions form an integral part of the website, and cannot be separated from the General Terms and Conditions of Contracting, the operational section or bookings. By accessing the website, viewing, using or contracting from it, the agency is aware that it is governed by the Terms and Conditions.
Likewise, it undertakes to comply with any law and regulation that at any time becomes applicable to this website and bookings contracted through it.
The Website is owned and operated by book4trip.com, whose principal office is at Office No 605, 6th Floor, Office Court Building - Oud Metha – Dubai, UAE (as amended) of the Government of Dubai, UAE.
You represent and warrant you possess the legal right and ability to enter into this Agreement and to use this Website in accordance with all terms and conditions herein.
You promise to us you are old enough to enter legally binding contracts through this Website and you know you will be responsible for all payments due to us for bookings made by you or another person using your login information.
Please also make sure that you have read and accept our Terms and Conditions. If the agency does not wish to be bound by these Terms and Conditions, it must not reserve tourist services on the website.
Due to the special characteristics of the electronic commerce, the agency agrees that a handwritten signature would not be possible for this transaction. The agency also agrees to be bound by accepting of the Terms and Conditions of the Website upon making the booking.
We may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on the Website, and will not have any retrospective effect on existing contractual arrangements made through this Website. Your continued use of this Website after any change means you have accepted the changed terms and conditions.
These terms and conditions and any other legal notices, policies and guidelines of book4trip.com linked to these terms and conditions constitute the entire agreement between you and book4trip.com relating to your use of this Website and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the terms and conditions may not be amended or modified except by making such amendments or modifications available on this Website.
Simply search for the chosen Travel Service (accommodation, tour programmes, transfer, excursion, ticket, car rent and other destination services), the service supplier (concrete Hotel, etc.) at the desired destination, booking pax and dates, then proceed to the final booking page. Details of agency selection will be featured at the Website. The agency shall carefully check the dates, the price, end customer details, the destination and the service supplier details before completing the booking. Information relating to the cancellations policy, costs and details applicable to the booking will also be displayed during this process.
Unless SUPPLIER´S policy has a higher threshold (in which case such higher threshold shall apply) the agency, when booking accommodation, is only permitted to book up to 5 rooms per stay. Should the agency submit a booking of 6 or more rooms per stay, either in one or several individual bookings, then this will be considered a “Group Booking”. Group Bookings will be subject to confirmation by the hotel and may result in modification or cancellation of such booking or booking terms at the hotel´s discretion.
To confirm a booking, the user must be authorized to make the booking by the agency and by all persons named on the booking and their parent or guardian for all party members who are under eighteen (18) when the booking is made. Therefore, to confirm a booking it is necessary that all rooms have at least the name of one customer. By making the booking, the agency is confirming that all persons named on the booking accept the Terms and Conditions and that the agency will inform the other persons named on the booking of the confirmation details and any other appropriate information. By making the booking, the agency also becomes responsible for making all payments due to book4trip.com.
Once book4trip.com has received the agency booking and all appropriate payments, book4trip.com will confirm by issuing a confirmation e-mail containing a booking voucher including the booking reference.
The booking request will not be confirmed by book4trip.com and the transaction is not considered completed until the agency has paid on time the full price of the services, irrespective of whether the consumer, intermediary or the remaining interested parts, have paid the referred price to the agency. Therefore, book4trip.com will confirm the booking once the full price is paid by the agency.
Except where the parties have agreed on payment terms in a financial agreement, under no circumstances will the booking be deemed complete until the agency has paid book4trip.com the price of the services, independently of the consumer, intermediaries or other parties concerned having paid the aforementioned price to the agency. Consequently, book4trip.com will only confirm the bookings once the payment has been made in full to book4trip.com.
Agency shall check the booking voucher carefully as soon as the agency receives it and contact the book4trip.com customer services immediately if any information which appears on the booking voucher or any other document appears to be incorrect or incomplete. As book4trip.com acts only as agency’s travel agent, book4trip.com will have no responsibility for any errors in any documentation except where those errors were made by book4trip.com while processing the booking.
Booking code
General booking details
Breakdown of amount and/or invoice to be paid by agency to book4trip.com (or subsidiaries/ affiliates)
Voucher or deliverable documents. The documents provided by book4trip.com are for the sole reference of the agency. The voucher for the consumer MUST be issued by the agency and it must indicate that it is payable by the company designated in the documents issued by book4trip.com unless otherwise agreed in writing with book4trip.com, including the following wording: "Payable through [the appropriate book4trip.com company that corresponds to the destination booked], acting as agent for the service operating company". The consumer shall present the agency’s voucher with book4trip.com’ reference at the service supplier/accommodation establishment upon check in.
If a cancellation has occurred immediately after the confirmation of the booking, the voucher will become invalid. Consequently the booking will be deemed invalid by book4trip.com and the service supplier. Moreover if the service supplier renders the services, book4trip.com shall not be responsible for its payment.
The agency is responsible for ensuring that these Terms and Conditions are brought to the attention of, and agreed with, their consumers, intermediaries, and all other interested parties, prior to entering into any agreement with those parties to which these Terms and Conditions might apply.
Upon making any business transaction via the Website, the agency accepts that these Terms and Conditions apply to each and every transaction.
What is included and not included in the price of services (i.e. taxes, city taxes, fees, commissions, etc.).
The regulations and consequences of a no show by the consumer at the establishment, of regulations regarding cancellations, annulments and modifications, as well as of any possible name changes of the Hotel plus the possible existence of stay taxes.
That all the users, including children must have current personal and family documentation, either passport or National Identity Document, as required by the country or countries visited.
All extra services (special meals, extra beds, cots/cribs etc).
Agency is also obliged to provide a voucher for the services that contains the following wording: "Payable through [the appropriate book4trip.com company that corresponds to the destination booked], acting as agent for the service operating company".
The consumer shall be liable for obtaining the documentation required at destination, such as visas, ID’s, passport, medical documents, etc. and book4trip.com shall not be liable for any circumstance or expense incurred due to lack of documentation or non-compliance of requirements.
That for all intents and purposes, regarding transport by land, it is understood that the user shall carry with him/her all their luggage and personal belongings, irrespective of the location within the vehicle where these are stowed, and that such luggage and personal belongings are carried at user’s own risk. Users are recommended to be present during handling, loading and unloading of luggage.
With regard to transport of luggage by air, by rail, by sea or by river, the general Terms and conditions applicable to transportation companies shall apply, with the ticket being the binding document between the aforementioned companies and the passenger. In the event of any damage or loss, the consumer shall at that time make a claim to the Transport Company.
In any case book4trip.com will not be responsible for the passenger’s luggage.
Whenever the European Package Travel Directive must be applied due to the intention to include any of the Travel Services provided by book4trip.com in a package, the agency undertakes to strictly comply with the Package Travel Directive and/or any legislation that develops, adds to and, when appropriate, replaces them, delivering or enabling the delivery of all the appropriate information to the end consumer, requesting its signature and approval of the package travel conditions when necessary. Except when expressly admitted by book4trip.com, it will not be considered as an “Organiser”, “Trader” or “Retailer” in accordance with the applicable European Package Travel Directive.
Bookings will be made by the agency through the website of book4trip.com. Only bookings which have generated a reference number shall be considered as processed.
In the event of line failures, the agency shall confirm through the book4trip.com website if the booking was made successfully. The agency will be solely responsible for bookings made or modifications to them and for the administrative processing which is carried out with its codes or modifications in use of its power, as well as any type of operation carried out by the aforementioned agency, whether using the website or the INTEGRATION, assuming sole responsibility for all of the obligations that may be derived from it.
With regard to the field entitled "Agency Reference", the agency must introduce its own reference number. The "Agency Reference" will be essential for the validation of the booking and will appear on the invoice that book4trip.com issues to the agency for its confirmation. The payment of invoices will be done with the aforementioned unique reference number, without any need to request any travel documents whatsoever from book4trip.com (travel voucher- stub)
In the event of cancellations being made by the agency, these will be governed by the legal regulations applicable at each time or by the cancellation periods and costs which are applicable in each case.
In some countries, there is a local tax known as "visitors' tax", “city tax” "tourist tax" (or similar) and other fees including (but not limited to) resort fees or service charges, which shall be paid directly by the end consumer at the establishment and/or at the airport. book4trip.com shall use reasonable endeavours to provide, at the time of booking, an estimation of the applicable fees and/or local tax(es) attributable to each individual booking and payable at the time of booking and/or locally on arrival (“Local Tax/Fee Estimation”), however please note that book4trip.com does not warrant that the Local Tax/Fee Estimations shall be accurate and the agency acknowledges and agrees that the Local Tax/Fee Estimations are provided as estimates only. The agency further acknowledges that Local Taxes and Fee Estimations, may change from time to time. As a result, book4trip.com cannot be held liable for any loss, costs or damages incurred as a result of the provision of such Local Taxes/Fee Estimations. Confirmation of and the accuracy of the Local Taxes/or Fee Estimations is ultimately the responsibility of the agency.
The agency will not deliver the voucher issued by book4trip.com to its end consumers until they have entirely paid the booking. The delivery of the voucher by the agency to its end consumer imply its compulsory payment by the agency to book4trip.com.
Should book4trip.com provide special rates to the agency for packages containing means of transport or other services + hotel, the agency undertakes never to use these rates for "hotel only" and the price of the package may never appear with a breakdown of the cost of the services included.
The prices shown are commissionable or net depending on what has been agreed between book4trip.com and The agency, and the payment to book4trip.com is the net amount.
Net or recommended prices (not subject to commission or subject to discounts/own commissions) include sales taxes (GST, ITBIS, VAT or other similar taxes). Any increase in the applicable tax will be passed on via increase in price.
Commissionable prices will be on Recommended Retail Price including sales tax (GST, ITBIS, VAT or other similar taxes). In order to calculate the agency commission under no circumstances will local rates be included. Any increase or change in the applicable tax will be passed on via an increase in price.
The AGENCY will expressly authorise book4trip.com to invoice the net service or to invoice in its name the commissions which it should receive, with a breakdown of VAT where appropriate. Any increase or change in the applicable tax will be passed on via an increase in price.
| TYPE OF TRAVEL SERVICE | PRICE CONDITIONS |
| Hotels and other accommodation establishments |
Prices quoted are per person per night or per unit per night. Price does not include any extra services such as telephone calls, insurance, laundry service, minibar, parking, etc., which shall be paid directly by the end consumer. |
| Transfers |
Prices quoted are per person per service. In most cities, these are provided not as a complementary and/or additional service to accommodation, but as an independent service. |
| Excursions | Unless otherwise indicated, prices quoted are per person per service |
| Car rental |
Prices quoted are per vehicle per day. Price includes service as specified in special terms and conditions to be applied. |
| Tickets | Prices quoted are per show or event. |
| Vacation Rental |
Service as specified in the booking confirmation. The following items could be excluded from the price: (i) any refundable deposits which may be required by properties, (ii) non-refundable fees for services (i.e. cleaning services, Wi-Fi etc) and (iii) local taxes. These should be paid by end consumer at arrival if applicable. Any of these items should |
Holding Room Blocks is considered a prohibited behaviour.
The use of the Website is limited to FIT bookings and as such book4trip.com’ database inventory is protected against any other unauthorized use.
The blocking of multiple rooms with unconfirmed names, ensuing name changes or cancellation within forty-five (45) days of arrival is prohibited, due to database inventory restraints.
Should any such blocks be detected, book4trip.com reserves the right to deny and cancel said bookings in its sole discretion.
CREDIT: Book4trip.com may grant a credit line to the agency upon signature of a separate financial agreement. The activation of the credit line will be subject to the signature of such financial agreement.
In the event that the credit line is for any reason suspended or cancelled by book4trip.com, or exceeded, book4trip.com reserves its right to suspend or deactivate at any time the access codes of the agency.
In the event that the bookings are created whilst the credit line is suspended/cancelled or exceeded, the payment terms in clause 7.b will apply.
PRE-PAYMENT: Unless credit is granted and active in accordance with this clause 7.a all services must be paid before cancellation fees are applied. If no payment is made before incurring cancellation fees, the booking will be automatically cancelled. In the event of non-refundable bookings and bookings made at the time they accrue cancellation fees, they shall be paid at the moment of booking.
Invoices must be paid in full. No deductions by the agency are allowed. Any disagreement regarding the invoice must be communicated to book4trip.com within twenty (20) days as of issue thereof. Any disagreements communicated subsequently shall not be considered.
Payments shall be made in the currency appearing on the invoice, in any of the following ways:
Bank transfer: For payments by bank transfer the agency shall send to book4trip.com, 72 hours before cancellation fees are applied, the SWIFT reference, stating clearly the bank account number and the effective date of payment, being agency´s responsibility that this bank receipt is delivered to book4trip.com within the required deadline.
Credit card: For credit card payments, the agency shall include all required information in the system. The agency is responsible for the veracity of the information it provides to book4trip.com.
Agency must ensure it obtains, and keeps records of, signed authorizations from the credit card holder. book4trip.com may request that payments made by credit card be accompanied by a fax authorizing the charge by means of credit card, which is to be sent to book4trip.com, duly signed by the credit card holder, including a copy of the passport or national identity document of the card holder. Additional fees may apply when using credit cards. In case of chargebacks, agency warrants that it will assist book4trip.com by contacting the credit card holder and providing all documentation which supports the legitimacy of the transaction including but not limited to signed credit card authorization form from the credit card holder. agency shall be responsible for and shall indemnify book4trip.com for all chargebacks related to bookings made by agency. The parties acknowledge and agrees that the costs, expenses, losses and damages of or resulting from the fraudulent booking or charge back will be assumed by the agency. In case the fraudulent booking or charge back is received after the payment of the appropriate commission, book4trip.com will be entitled to deduct such amount from the payment of subsequent commission, by notifying the agency of such circumstance.
Book4trip.com shall receive the net price on a timely basis and the agency hereby assumes any cost or expenses that may arise from the payment. Therefore, any deficiency in payment arising from bank charges or as a result of currency conversion shall be paid by the agency.
Book4trip.com shall be entitled to claim for and receive payment of any expenses which have been incurred by book4trip.com, in addition to full settlement with interest (EURIBOR + 1.5 points per annum), for any unpaid amount with respect to the services provided except in the case of disputed charges.
Should the agency be required by law to make any deduction or withholding of taxes from any payment due to book4trip.com under this Agreement, agency will (i) timely and properly prepare and submit any necessary filings and remit such taxes to the appropriate taxing authority, (ii) provide book4trip.com with governmental receipts evidencing agency’s withholding and payment to the appropriate tax authorities in a timely manner and (iii) increase each payment related to this Agreement to the extent necessary to ensure that book4trip.com actually receives the amount that book4trip.com would have received if such payment had not been subject to taxes.
Both parties are entitled to credit compensation between one another as a result of this agreement or the provision of the service set out in this agreement. For information purposes only, compensable concepts include but are not limited to: claims from end agencys for which one of the parties is liable (in accordance with the provisions of clause NINE), claims by end suppliers of services attributable to the agency and any sales rebate earned by means of discounts from invoices pending payment to book4trip.com.
The agency shall be liable for the acts and omissions of its end consumers. In this case, book4trip.com and/or the Travel Service supplier reserve the right to automatically cancel end consumer bookings with no right of the end consumer to any compensation whatsoever.
The agency (whether or not this Agreement has been terminated) shall at all times hold harmless and keep fully indemnified book4trip.com from and against any actions, claims, proceedings, losses, costs, expenses and demands (including costs and expenses in defending such matters and its proper compromise) arising directly or indirectly out of or incidental to or in connection with any breach by or on behalf of the agency or any of its servants, agents or contractors of any of the provisions of this Agreement.
Book4trip.com acts as the agency’s agent and as an independent intermediary in the contracting of accommodation and other Travel Services, and thus shall not be held liable for any acts, omissions, breaches or negligence of any such independent businesses or any damages or expenses resulting from the aforesaid, including but not limited to damages resulting from death, injury, illness, damage, loss, accident, theft, delays or any other irregularity or quality issues which may arise (i.e. delays, overbookings, etc.), whether directly or indirectly, from the supply of Travel Services by Travel Services suppliers which have been contracted via book4trip.com.
Book4trip.com shall use reasonable endeavours to ensure that suppliers of Travel Services accept liability and indemnify, when reasonably applicable, from and against any claims of the agency´s guests arising from the provision of the Travel Services. Therefore, the agency hereby commits to ensure that, when possible, the end consumer files any claim for the Travel Services directly with the Travel Service supplier who will be the only liable for the complaint. The agency also acknowledges that book4trip.com has no control over the provision of the Travel Services.
Book4trip.com, acting as intermediary, will assist the agency on incidents and complaints handling. Such assistance will consist of informing the supplier of the Travel Services about the complaint.
Neither Party shall be liable for any indirect, special, punitive, exemplary or consequential loss, including economic loss, which term shall include, but not be limited to, loss of profits, loss of use of profits, business, revenue, goodwill or anticipated savings.
Notwithstanding the above book4trip.com’ entire liability under this Agreement, whether in contract, tort, breach of statutory duty, or otherwise shall not exceed the sums paid by the agency to book4trip.com for the specific Travel Services in question
The information on the book4trip.com website is posted in good faith but book4trip.com cannot guarantee that it is completely free from inaccuracies and typographical errors and does not accept liability for any error or omission on the book4trip.com website. Information on the various services is as accurate as possible given that the information is provided by the service supplier.
Obvious errors and mistakes (including misprints, typographical errors and errors in calculating currency conversion, errors in pricing in general, etc.) are not binding. In the event of a tariff error affecting the price of a confirmed booking, book4trip.com is expressly entitled to modify the affected booking to reflect the correct tariff given previous notice to the agency. If book4trip.com offers the agency the option to cancel the booking and the agency does not cancel the same within the time given, it shall implicate the acceptance of the corrected rate and any applicable discount that at its sole discretion and as a mere gesture of goodwill, book4trip.com might have decided to apply (if any). Notwithstanding the above book4trip.com or the supplier reserve the right to cancel the booking and in the event of such cancellation, without incurring any liability to the agency, book4trip.com will refund monies paid by the agency in relation to such booking (if applicable).
To the maximum extent permitted by law, book4trip.com disclaims all warranties, express or implied, with regard to the information, services and materials contained on the web. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.
Book4trip.com, acting as intermediary, will assist the agency on the incidents and complaints handling. Such assistance will consist on informing the service provider about the complaint and make its best endeavours to ensure that the service providers accept liability and indemnify from and against any claims of the agency´s end consumers arising from the provision of the book4trip.com product. Therefore the agency hereby commits to ensure that, when possible, the end consumer files any claim directly with the service provider who will be primarily liable for the complaint. The agency acknowledges however that bedsonline has no control over the provision of the services rendered by the service provider.
Neither party shall be responsible or liable for or deemed in breach of this Agreement because of any delay or failure in the performance of this Agreement due to any event or circumstance the occurrence and the effect of which the party affected thereby is unable to prevent and avoid, including, without limitation acts of God; government regulation, curtailment of transportation facilities, strikes, lock-outs or other industrial actions or trade disputes of whatever nature (whether involving employees of a party or a third party), terrorist attacks, haze, sabotage, riots, civil disturbances, insurrections, national emergencies (whether in fact or law), blockades, acts of war (declared or not), etc. (a “Force Majeure Event”). The non-performing party shall give the other party written notice describing the particulars of the Force Majeure Event as soon as possible and the agency shall inform book4trip.com on whether the Event may be postponed to a later date or cancelled or this Agreement terminated.
In case of early termination due to Force Majeure Event, all deposits will be returned, less any expenses and/or fees that have already been incurred in connection with the provision of services pursuant to this Agreement and are not recoverable by book4trip.com. In case the original booking cannot be fully utilized due to the Force Majeure Event book4trip.com will reimburse the part of the booking that was not used at a later stage after the event. book4trip.com will not be responsible for the costs of any new accommodation or service offered to the end consumer should a Force Majeure Event occur at the destination. For this clause, Expenses means any monetary outlay that cannot be recovered by book4trip.com including deposits already paid to third party suppliers which may not be refundable under their contractual terms and conditions; and Fees means any payment due to book4trip.com for services rendered, including but not limited to book4trip.com administrative/management fees, before the early termination due to Force Majeure Event. Such termination due to a Force Majeure Event shall be without prejudice to the rights of the parties in respect of any breach of this agreement occurring prior to such termination.
"Confidential information" is considered as any information or datum relating to this contract and commercial relationship.
It is expressly prohibited to fully or partially disclose to third parties, be they physical persons or legal entities, which are not party to this commercial relationship, any confidential information that the parties may be able to access through the contracting and performance of this commercial relationship.
Both parties guarantee that their employees, customers, providers, subcontractors and other persons involved in the cooperation agreements between book4trip.com and the agency, comply with the confidentiality obligations contained in this agreement. These confidentiality obligations are of an indefinite nature and must be maintained whether or not relations between the parties come to an end, from the date that this contract is signed.
Each Party and, where applicable, its representative/s, are informed that their personal data will be processed by the other Party for the purpose of allowing the correct development, compliance and control of the agreed provision of services, with the basis of the processing being the fulfilment of the contractual relationship between the Parties. Either Party's identification is a necessary requirement in order to formalize this Agreement.
The data will be kept by the relevant Party during the term of the Agreement and even once the same has been terminated, until the eventual responsibilities derived from the Agreement have prescribed. The data may be disclosed to banks and other financial entities for the management of payments to be made under the Agreement, and to Public Administrations as required by applicable Law and for the purposes contained therein.
The Parties may exercise their rights to request access to their personal data, rectification or erasure of such data, and their right to object, data portability and restriction of their processing, by means of a written request to the other Party, to the addresses indicated in the heading of this Agreement, in addition to filing a claim before the local Data Protection agency.
Each Party may contact the other Party's Data Protection Officer (DPO) though the following e-mail and/or postal addresses: dataprotection@book4trip.com.
Book4trip.com shall not be held liable for any responses, information, contents, acts, omissions, or any breaches of any such independent businesses in relation to H&S matters. Book4trip.com shall not be liable for the information provided by suppliers in relation with the H&S audits being the suppliers the only responsible of meeting all the legal requirements and obligations in terms of H&S.
Book4trip.com has no legal or contractual obligation to provide H&S information that it might receive from the services provided or to request such information to it, being the information or support given a mere commercial gesture which can be denied or revoked by book4trip.com at any time.
The agency will at all times save harmless and keep fully indemnified book4trip.com from any claim arising from the use that it can give to the information, response, contents, etc. received by suppliers. The agency accepts that all the information related to H&S is a Confidential Information and must not be disclosure under any circumstances.
The agency shall consult with book4trip.com with respect to the contents of any communication or marketing material it proposes to have with the media or any external party related to book4trip.com or its relationship with them, and any announcement or statement it intends to release to the press by providing book4trip.com with a draft thereof. The agency shall not release any communication, marketing material or press release unless and until it first obtains book4trip.com consent in writing. The agency shall be directly and personally liable for any damage or loss caused to book4trip.com for this reason.
The agency acknowledges and agrees that intellectual property items and rights (including but without limitation to copyright, patent, trademarks for products or services and industrial secrets) relating to the INTEGRATION (including but without limitation to its General Terms and Conditions, rules, directives and procedures, and Confidential Information of book4trip.com), which the agency receives or accesses are the exclusive property of book4trip.com or its providers.
Book4trip.com grants the agency, under the terms and conditions of this agreement, a non-exclusive licence, which is free of royalties and non-transferable, to see and use the items supplied or included in the content of the accommodation or other services (texts, photographs, descriptions, maps) available through the INTEGRATION of book4trip.com (hereinafter, the CONTENT). The term of this licence will be subordinate to the term of this agreement. This licence may be revoked by book4trip.com at any time by serving one month's notice to this effect.
The agency is authorised to use the provided CONTENT exclusively for the promotion and sale of the services provided by book4trip.com.
The agency acknowledges and accepts that it will not acquire any other right to the CONTENT, with book4trip.com or its providers remaining the only proprietors thereof.
To the extent permitted by law, book4trip.com excludes any warranty regarding the veracity, accuracy or the intellectual property (IP) rights of the materials and contents on this website. The agency accepts that book4trip.com cannot guarantee that the information, pictures or images are excluded from third-party IP rights since such content is uploaded and proportioned by independent parties. book4trip.com is not responsible for any act, omission, negligence or breach of third-parties rights caused by the services provider promoted in our XML integration system or any damage or expense resulting from the aforementioned breach.
Book4trip.com and the agency may terminate this contract by serving 30 days' written notice to this effect, if the agency or book4trip.com partially or fully breaches any of their obligations as established in this contract, especially those of payment, or should the agency be declared as in arrangements with creditors. The party affected will have five working days to reply (as a "cure period") and if the reply does not resolve the matter, the contract will be terminated.
Likewise, book4trip.com may terminate this contract immediately if the agency on its website or through INTEGRATION promotes, displays or issues links to websites which promote or display (i) any type of pornography or images with sexual content, (ii) misleading, abusive, violent, racist or discriminatory content or content which promotes any type of hatred or rejection, (iii) content which infringes or could infringe the intellectual property rights of third parties,
defamatory or slanderous content relating to persons or organisations, whether these are private or public; or via any mechanism which (v) generates or allows any transaction which is not carried out in good faith, including but without limitation to those carried out by means of any program, robot, routine, JavaScript, pop-up windows, etc.
The communication of book4trip.com to the agency terminating the contract will implicitly cause: 1) the immediate cancellation of the agreement and loss of access to the Book4trip.com product, 2) the immediate cancellation of the access codes to the Book4trip.com website, and 3) the immediate loss of validity and effect in respect of third parties of the vouchers and tickets/contracts in its possession, which it must deliver to Book4trip.com E within a maximum of 48 hours from the notice of termination of the contract.
Book4trip.com reserves the right to assign all or part of its obligations or rights arising from this contract to any affiliate or parent company or any subsidiary of its parent company.
The agency is not authorised to assign any obligation or right arising from this agreement or any other agreement which it completes, with respect to a third party, except with the prior written consent of book4trip.com. In the event of any subsidiary agency, associate or franchise holder profiting for any reason from the provisions of this agreement and ceases to form part of said agreement, undergoes a change in its management, ownership or equity stakeholders, the agency must inform book4trip.com of such a circumstance, and book4trip.com reserves the right to bring this agreement to an end and require the agency to act accordingly so as to comply with any outstanding obligations.
Book4trip.com takes a zero-tolerance approach to breaches of international norms for trade, including bribery and corruption prevention legislation and applicable restrictions on trade, funds flow and terrorism financing. The agency warrants that they do and shall comply with, and their Associated Parties do and shall comply with all national, supranational and international legislation and related procedures, restrictions and sanctions regarding bribery, corruption, corporate crime, international trade, funds flow and terrorism financing to which the agency and/or book4trip.com may be subject from time to time. The agency shall provide supporting evidence of such compliance as book4trip.com shall reasonably request. Violation of this paragraph by the agency shall be a Material Breach of this Agreement and may result in the immediate termination of the contract and/or legal action.
The AGENCY warrants that to the best of its knowledge, neither it nor its Associated Parties have been convicted of, or have been or are subject of any investigation by any governmental, administrative or regulatory body regarding offence involving bribery or corruption regarding, fraud or dishonesty.
The agency represents, warrants and undertakes that it does and will comply in all respects with all applicable Sanctions that it or book4trip.com are subject to.
For the purposes of this clause:
“Associated Parties” means a person (including an officer, employee, shareholder, representative, agent, contractor, subcontractor or subsidiary) or other third parties connected to a Party by virtue of actions undertaken in fulfilment of obligations in this Agreement.
“Sanctions” means any laws, regulations, orders or licenses relating to economic or financial sanctions or trade embargoes or related restrictive measures imposed, administered or enforced from time to time by any authority.
Facsimile copies or photocopies of signatures shall be as valid as originals and transmission by facsimile or electronic mail of an executed counterpart of this Agreement shall be deemed to constitute due and sufficient delivery of such counterpart. If delivered by electronic mail, the executed Agreement must be delivered in .pdf format.
The rights and obligations under this Agreement that by their nature should survive, including but not limited to the indemnification obligations, will remain in effect for one (1) year after the Effective Term.
This Agreement and any actions and proceeding brought hereunder shall be governed by the laws of the State of Delaware without regard to conflict of laws principles.
Any action or legal proceeding to enforce any provision hereof, or based on any right arising out of, this Agreement shall be brought exclusively in the courts of the State of Delaware, or if it has or can acquire jurisdiction, in the aUnited States District Court for the District of Delaware, and agency and book4trip.com hereby consent to the exclusive jurisdiction of such courts and of the appropriate appellate courts in any such action or legal proceeding and waive any objection to venue or jurisdiction in connection therewith.
The previous clauses will be valid only if this document is returned by the agency having been correctly stamped and signed by book4trip.com.