WorldRes

WorldRes Participant Agreement

Between
WorldRes Limited
(hereafter referred to as WorldRes)
Whose registered office is at
Charlemont Exchange, Charlemont St,
Dublin 2, Ireland

and

The "Licensee"


    WorldRes agrees:
  • To provide technology services ("Booking Technology") to the Licensee such that the Licensee's product (hotel rooms) may be booked online over the Internet by third party customers ("Customers").
  • That the Customer's credit card will be debited for a deposit amount upon booking equal to the fee owed by the Licensee to WorldRes.
  • That the Customer's credit card details will be made available to the Licensee so that the balance due in respect of the product on arrival of the Customer, or the charge for first night in the event of a no-show or late cancellation by the Customer may be deducted by the Licensee in accordance with WorldRes' terms displayed on its websites.
  • To promote the Licensee's product on some or all of its websites and through its network of affiliates.

    The Licensee Agrees:
  • To provide inventory at Retail Rates to WorldRes on a Most Favoured Nation ("MFN") basis, meaning on terms and conditions that are at least as favourable as provided to any other distributor, excluding Licensee's branded website(s). Retail Rates are defined as rates in which the prices presented to Customers are set by the Licensee.
  • To make sufficient product available to WorldRes such that visitors to WorldRes' sites will have product available for purchase.
  • To honour all bookings made through the WorldRes network. This includes especially bookings made for special event periods.
  • To perform checks as necessary to ensure that all bookings taken by WorldRes are processed correctly such that the Customer receives the product purchased.
  • That a deposit of 10% (the "Deposit") will be retained by WorldRes on each reservation and that the Deposit will equal the charge for the Booking Technology provided by WorldRes to the Licensee (the "Charge").
  • To charge the Customer the balance only upon arrival, the balance being the difference between the full price entered by Licensee into the WorldRes System and the Deposit retained by WorldRes, in addition to any further charges incurred by the Customer for incidentals and any applicable local taxes.
  • That in the event that the Licensee mistakenly charges a Customer for the total Retail Rate, that the Licensee will refund the Customer immediately upon discovering such error.
  • To charge the Customer, at the Licensee's discretion, only in respect of the first night's stay in the event of a failure of the Customer to arrive or a failure of the Customer to give more than 24 hours notice of cancellation.
  • (APPLICABLE TO PROPERTIES IN IRELAND ONLY): That the Charge is exclusive of value added tax (charged at the applicable rate) which may be payable by the Licensee to WorldRes. Where applicable, value added tax will be invoiced on a bi-monthly basis.
  • That the Licensee is responsible for paying all applicable taxes and fees on the full Retail Rate to appropriate government agencies. All tax information applicable to the Customer must be clearly presented in the WorldRes System.
  • That in the event of the Licensee not honouring any booking, the Licensee shall be responsible for satisfying the Customer by finding an equivalent product for the Customer without recourse to WorldRes. This includes accidental overbooking of rooms.
  • That the Licensee is responsible for updating and maintaining the availability of product and the pricing for its product through the WorldRes Hotel Administration System (HAS) and that the Licensee is responsible for any data entry errors which may arise. This includes ensuring that correct pricing and availability is displayed for special event periods.
  • That WorldRes has no responsibility to the Customer for the making of bookings and that bookings are agreements between the Customer and the Licensee (accommodation provider) and that the Licensee shall indemnify WorldRes in respect of loss and damage arising from any Customer claims.
  • That the Licensee will respond in a timely manner in relation to any queries.
  • That no payments or credits will be given by WorldRes in the event of a consumer chargeback, short-stay or no-show.
  • That this Licence Agreement supersedes and takes precedence over all other reservation booking agreements and contracts between WorldRes (or any of its related companies) and the Licensee.

    Liability:
  • The Booking Technology services are provided by WorldRes on an "as is" basis. WorldRes makes no representations, warranties or undertakings with respect to the services provided under this agreement. To the greatest extent permitted by applicable law, all representations, warranties and conditions, express or implied, statutory or otherwise, are hereby excluded, including without limitation warranties as to quality or fitness for a particular purpose.
  • WorldRes shall have no liability to the Licensee for loss or damage arising out of or in connection with this agreement, including but not limited to loss of data, income, profit or opportunity and third party claims, or for any indirect or consequential loss or damage.

    Content provided by Licensee:
  • The Licensee warrants that (i) any content which relates to the Licensee's product (including information, reviews and photographs) provided to WorldRes by the Licensee (the "Content") is owned by the Licensee; and (ii) the Content is true and accurate and not misleading.
  • The Licensee hereby grants WorldRes (and any sub-licensee of WorldRes) a royalty free licence to use the Content.
  • The Licensee agrees to indemnify and hold WorldRes and its sub-licensees harmless in respect of any claim by any third party arising from the use of the Content by WorldRes or its sub licensees.

    Termination of the Agreement:
  • Either party may terminate this agreement by giving not less than 28 days written notice.
  • Any outstanding bookings must be honoured by the Licensee notwithstanding termination of this agreement.
  • The Licensee undertakes on termination of this agreement to cease using and to refrain from further use of any software or service provided by WorldRes.
  • WorldRes reserves the right to terminate this agreement with immediate effect in the event either: 1. Customer feedback to WorldRes falls below satisfactory levels or 2. failure by the Licensee to comply with the terms of this agreement.

    General:
  • This agreement shall be governed by and construed in accordance with the laws of Ireland, and WorldRes and the Licensee agree to submit to the jurisdiction of the Irish courts.
  • This agreement is personal to the Licensee and may not be assigned, sub-contracted or otherwise transferred in whole or in part without WorldRes' prior written consent. WorldRes and the Licensee are independent contractors and nothing in this agreement shall render them partners, joint ventures or principal and agent.