II. GENERAL TERMS & CONDITIONS FOR ACCOMMODATION PROVIDERS 1. General The agency offers to their travel customers a selection of finca, country and boutique hotels on www.fincahotels.com. 2. Fulfillment of the contract by the agency The agency undertakes to present the accommodation as best as possible on the booking portal in order to be able to arrange as many bookings as possible. To this end, the website as well as the online booking system are regularly maintained and kept up to date. In addition, the agency provides a telephone personal booking and consulting hotline, which can be used to advise travel customers before making a booking. Costs for these technical and personnel expenses are included in the commission. The agency is obligated to send bookings or cancellations to the hotel. a.) For this all "online" bookings and "online" cancellations are stored in the message inbox of the accommodation provider access in the extranet. In addition, a message can be sent by e mail. The Agency shall provide the accommodation provider with an access to their Extranet for the purpose of completing the service. b) In the case of so called "offline bookings" (bookings not generated via the Internet Booking Engine), a manual booking inquiry will be sent to the accommodation provider via e mail by our office staff. The accommodation provider is obligated to answer a booking enquiry within two hours of the date of dispatch. If an "offline booking" results from a previously submitted "offline offer", the accommodation provider will send an e mail with all booking relevant data by e mail. The validity of an "offline booking" is only obtained with the confirmation of the accommodation provider return to the agency. For this purpose, a period of two hours shall be deemed agreed. When an offline booking is disputed, the time at which the accommodation provider became aware of an offline booking is not considered. The valid time for this reservation is when an offline booking was sent by the agency to the accommodation provider. Compensation claims against the agency for cancelled bookings are excluded, unless there is a delinquency by the agency. 3. Data Maintenance The accommodation provider is obliged to transmit all necessary information for the cooperation to the agency and to update this information in case of changes (especially rates and availability) immediately and independently on the extranet via the provided access. This can be done automatically, e.g. via the Channel Manager system (connectivity partner) or manually by an employee of the accommodation provider. The agency reserves the right to change the descriptive information in the accommodation profile (not in the extranet!) on fincahotels.com without giving reasons and without notice to the accommodation provider. This does not apply to rates, stop sales and availability only the accommodation provider via extranet or connectivity partner is responsible for this. The accommodation provider is obliged to inform the agency immediately about restrictions / changes in the quality of the accommodation. (For example during the conversion of the
accommodation / rooms, termination of special services etc.) The accommodation provider is responsible for any complaints which results from the fact that the agency was not informed in advance about restrictions / changes. The full commission claim of the agency shall remain unaffected. The accommodation provider undertakes to fulfill its offer as shown on www.fincahotels.com, in terms of service, room amenities and general accommodation description. If the agency determines that a accommodation provider does not fulfill its services in accordance with the accommodation description on www.fincahotels.com, the agency is entitled to delete any different points from the profile until the offered services correspond to the accommodation description. If the service which offered by a accommodation does not always correspond to the accommodation description, the agency is entitled to change the offer so that the accommodation description corresponds to the actual services of the accommodation. In case of repetition, the agency is entitled to permanently delete the accommodation from the booking portal. The accommodation provider is obligated to notify the agency without delay of changes in the service offer. Should the agency incur a financial disadvantage because the advertised services does not correspond to the actual services at the accommodation, the accommodation provider commits itself to the payment of the full commission, even if the mediated accommodation guest departs prematurely. 4. Rates & Availabilities The accommodation provider is committed to the fact that the accommodation offered at the agency are always bookable at the same best conditions as compared to other online tour agencies (rate parity) and the accommodation provider's own website. This applies prices as well as sales and cancellation conditions. The accommodation provider sends the agency the rates and availabilities for the period of one year in advance. The accommodation provider is solely responsible for entering and entered rates, availability and closing dates into the Extranet. For wrong inputs the accommodation provider is responsible, even if they were done or by its channel manager or by the agency on behalf of the accommodation provider. The agency's claim of commission remains unaffected in the case of wrong inputs (by the accommodation provider/their Channel Manager) which leads to overbookings or cancelations by the accommodation provider. The accommodation provider will indemnify the agency against all claims by users or accommodation guests due to false, incorrect or misleading information about the accommodation, in particular prices and availability on the Internet Booking Engine. This also applies to the costs of legal defense. 5. Rights of Use The accommodation provider provides the agency with the content, space and media unlimited rights of use for all information and images displayed on fincahotels.com, other websites of the agency and social media accounts of the agency. The right to use expires upon termination of the contract. The accommodation provider assures that it is the owner of the unrestricted rights of use and exploitation of all information and images provided and that the use and publication by the agency of the opposing right third parties to the provided information and images do not exist. The accommodation provider indemnifies the agency from any third party claims. The two parties mutually agree to the right to use the logo of the respective other partner for advertising purposes in all media free of charge.
6. Duration of Contract This brokerage contract is concluded indefinitely. It has a minimum period of one year, but at least a full season. The contract may be terminated at any time after the first full season and on both sides without notice period. In the event of termination, it is agreed that all open bookings on the part of the accommodation provider should be carried out as if the contract were in force. The agency reserves the express right to terminate the contract before the end of the first full year at any time and without any time limits, if the accommodation provider should have deficiencies which make it impossible for the agency to fulfill its contractual obligations properly. 7. Online Booking System / Extranet All availabilities and stop sales are entered by the accommodation provider itself in the provided Extranet. The accommodation provider also provides bookable room types and rates. The accommodation provider is obligated to maintain all informations in the extranet and keep it up todate. All entries can be made personally and directly by the accommodation provider or via a Channel Management System (if an interface is available). These include, inter alia, Correct room rates incl. VAT Bookable periods and rooms Already sold periods and rooms (Stop Sales) Minimum length of stay (minlos) Auto Close by Leadtime For the data collection, the accommodation provider receives personal Login data to the Extranet, which can be reached 24 hours a day, 7 days a week on the Internet:: Hotel Log In: https://admin.fincahotels.com The accommodation provider or an employee receives a personal briefing at the beginning of the contract in order to be able to use the extranet. If the accommodation provider wishes to change certain extranet data but is not authorized to do so, the accommodation provider must send its change requests to: support(@)fincahotels.com For a change request, a period of 72 hours is considered as agreed. Change requests made by the accommodation provider to other e mail addresses will be deemed as not delivered. All available rooms and prices of the accommodation can be viewed by the travel customer on our internet booking engine, and can be booked immediately online with immediate and legally binding confirmation. As soon as a travel customer has booked an online reservation on fincahotels.com, we provide the accommodation with a booking information posted in the message inbox of the Extranet. The booking is binding with this delivery. Rejection of a booking, for whatever reason, is excluded. In addition, a notification can be sent by e mail. A return confirmation to the customer or to the agency is not necessary. The accommodation provider is obligated to accept all received online bookings via fincahotels.com without exception. Due to technical uncertainties in the transmission of e mails, the agency can not generally check or guarantee the delivery of the booking by e mail. The validity of the booking remains unaffected. Legally binding for the booking is not the delivery of the booking or cancellation
by e mail, but the data recording of the bookings and cancellations in the Inbox of your extranet access. All information on bookings and cancellations can be found in the Inbox of the "Reports & Inbox" menu. The accommodation provider also undertakes immediately to enter all sold periods/rooms of the accommodation (regardless of which website sold a room) to the Extranet in order to avoid overbookings. This can be done manually or via a channel management or similar system (if connected). See also section 10. "Cancellation of bookings by the accommodation provider due overbooking". Important when transferring data via connectivity partners instead of manual entry in the extranet: Basically, an interface between the agency and a connectivity partner such as a channel management system or hotel reservation system is designed in such a way that the agency mirrors the data received exactly: The data that the accommodation provider sends via a CMS or similar system is mapped 1:1 in the extranet and on the booking engine. The accommodation provider is solely responsible for all data and legal consequences that the agency receives via a CMS or similar system. The accommodation provider undertakes to accept every booking, even if a booking that has already been automatically confirmed to the booker shows price errors due to incorrect data transmission via CMS or similar system, but is legally valid in its own case. 8. Securing of Bookings/Change of Cancelation Policy The booking customer pays a deposit with the booking. The agency does not collect any credit card details to protect the booking. The agency will hand over the cancellation conditions of the accommodation with the booking to each booking customer and will shown in the accommodation profile and the booking engine. The accommodation provider is obligated to inform the agency of always valid cancellation policy or to change this seasonally by means of a change request. The Agency reserves the right to adjust the cancellation policy at any time without notice to the accommodation provider, if it is recognizable on portals of competitors that there will be more favorable conditions for the travel client than on fincahotels.com. 9. Cancellation of bookings by the traveler Cancellation costs of the accommodation provider are to be billed exclusively to the travel customer. In case of cancellation the accommodation provider writes a cancellation invoice to the name of the travel customer and hands it over to the agency including bank details (IBAN & BIC number). The agency shall forward the cancellation invoice to the travel customer. Incoming payments are transferred to the accommodation provider by the agency ("Weiterleitung Fremdgeld"). All payments by travel customers are subject to commission. In case of cancellation by the traveler, the retained commission will be deducted from the cancellation costs and the difference will be paid by the accommodation guest. In case of a cancellation of the traveler, the cancellation fee to be demanded by the accommodation provider will be reduced by the amount of the agency commission/deposit. All payments by travelers in connection with cancellations are subject to a charge. If a booking has been canceled in due time, the traveler will be refunded his deposit and the commission claim expires.
10. Cancellation of bookings by the hotel due overbooking If, due to a breach of duty, the accommodation provider has an overbooking and cannot provide the guest with the booked accommodation to the day of arrival, the accommodation provider undertakes to provide the travel customer with a replacement accommodation at the same or higher cost and quality at his own expense. For this the accommodation provider has time two hours after the announcement of the overbooking. The date of booking is not relevant in this connection. If the accommodation provider does not succeed in providing a replacement accommodation in the same period or at a higher cost and quality, the agency will try to obtain an accommodation for the customer. Any additional costs for the replacement accommodation will be borne by the originally booked accommodation, even if the accommodation price is higher than the originally booked by the travel customer. In case of cancellation by the accommodation provider due overbooking, the accommodation provider is obliged to pay the lost agency commission. 11. Commission Claims The agency is expressly excluded from the liability of offered accommodation services. The full commission is also due if a booking which is not or only partly made is due to a mistake of the accommodation provider. Same occurs if a traveler complains on the spot booked services of the accommodation and thereby a discount on the original travel price from the accommodation provider gets granted. Also the full commission is due, if a travel customer on the day of arrival or during the booked stay have to leave (premature) the accommodation because of unreasonable conditions. Unacceptable conditions are e.g. Lack of hygiene, described travel services are not available, construction noise as well as other reasons, which justify a premature departure. Excluded from this is a default due to impossibility. 12. Privacy The data protection provisions in accordance with the "Privacy Policy for Accommodation Providers" apply. (separate annex) 13. Right of modificaton The Agency reserves the right to change, modify, partially delete or modify this GTC for accommodation providers at any time should this be necessary from a technical or legal point of view or to optimise booking processes. The agency will inform the accommodation provider of any changes. 14. Salvatory clause In the event that a clause of this contract is ineffective, this does not affect the remaining part of the contract.
15. Priority Validity In the event of translation errors between the German and country specific gtc version, the German version shall take precedence. This gtc is available in the following languages: German, Spanish, English, Italian. Spanish and Italian in paper form only. 16. Juristiction The court of jurisdiction for the contracting parties is the seat of the agency. These "General Terms and Conditions for Accommodation Providers" together with the "Privacy Policy for Accommodation Providers" are mandatory fixed elements of the cooperation agreement, which is described under I."Contractual base" between the agency and the accommodation provider. Date: 08.05.2018