Partnership Agreement

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Preamble: 

The present contract contains the main modalities for the establishment of the various services listed below and their consequences, for which the Customer has engaged REGIÔTELS. REGIÔTELS is a company that provides consulting and management services in the hotel and tourism industry. The Customer operates a hotel and wants to increase sales and profitability over the coming years while saving time and creating efficiencies. The main focus of the collaboration is to build on direct digital bookings and online business generally from new markets preferably.

Art. 1 – REGIÔTELS service

REGIÔTELS supports the hotel with a range of services aimed at increasing the Customer’s room revenue and making the business more profitable. These services are provided by the REGIÔTELS team in collaboration with the Hotel’s team. All activities and measures are adapted to Customer needs and discussed and validated in advance.

After signing the contract, the REGIÔTELS team will contact the Customer to provide an as-is analysis of the current activity and strategy. This first dialogue enables REGIÔTELS to create concrete strategies tailored to the needs of the clients of the Customer and to take measures to improve these approaches. The Customer is regularly informed about the progress of the projects; if necessary, adjustments to the individual measures can also be made. The Customer always remains the decision maker, REGIÔTELS does not undertake actions that the Customer is not informed about and that they have not validated unless the Customer has given tacit permission to proceed.

For the full list of service details relating to this contract, please refer back to the agreed offer.

Art. 2 – Digital Reservation Process and    Customer Obligations

In the case of already implemented booking systems and similar IT systems that digitalise the booking process or act as a third-party provider (including social media channels), as well as in the case of a new installation, the Customer undertakes to grant REGIÔTELS access to these systems at any time in order to ensure a smooth sales process. The operation of these systems is in the hands of the Customer.

During the term of this agreement, reports from the computer systems (PMS and Channel Manager) will be jointly accessed by REGIÔTELS and the Customer. This agreement can cover all hotels in the Customer Group. This can be extended to any other properties owned by the client – an email as confirmation will suffice as an addendum to this contract with all terms and conditions identical. If the computer systems available to the Customer and their hardware and / or software standard are not compatible with the software to be established by REGIÔTELS for the fulfillment of the contract, REGIÔTELS will inform the Customer and propose a different IT system. REGIÔTELS will help with the implementation of the third-party IT system (costs may occur). If required, REGIÔTELS trains the Customer’s team and offers further support. This is done either through the third-party call center, outside office hours or through REGIÔTELS itself and can be in person if required.

In order to successfully implement the REGIÔTELS services, the Hotel agrees to use the following reservation procedure:

 All room reservations must be made through the Hotel’s computer systems (PMS). Regardless of the method of booking a room (via the Hotel website, an external online booking portal, a telephone reservation or otherwise booked directly at the Hotel). Any bookings going through the channel manager are subject to the terms in Article 8.

Any change or cancellation of the room reservation that has already been entered into the computer systems must be made by the Hotel.

The Hotel is responsible to update the room availability in the channel manager (and PMS) and to make sure that this number is always correct. REGIÔTELS does not manage the room availability.

Art. 3 – Contract duration

This contract is valid for the period stated on page 1 as of the start date mentioned below. After expiry of the original term, the contract will be extended by an additional year every year, unless the contract is terminated by a party six months before the end of the contract period (ordinary termination). The notification period for cancellation is six months by either party. The cancellation can be made in writing or electronically by e-mail. This does not affect the right of the parties to extraordinary termination for good cause.

Extraordinary termination rights of the Customer and cancellation policy:

If the contract is terminated by the Customer in the first year of collaboration from the date of signature, a cancelation fee will apply of 3000€ per hotel. In case of a 2 year contract and cancellation during the the second year of collaboration from the date of signature a cancelation fee will apply of 1500€ per hotel to cover the time spent to ensure that all systems and data are handed over as well as training for the hotel to be able to continue beyond the partnership. If REGIÔTELS cancels the cooperation, no additional cancellation fees apply.

If the Hotel is forced to close temporarily for any reason (for reasons beyond the control of the Hotel such as security threats, health pandemics etc.), there are no fees for the duration of the closure. Any month unbilled extends the contract automatically by the corresponding number of months. In the case of the permanent closure of the Hotel, the present contract ends automatically on the day of the closure, without the need for additional termination or any additional financial penalties. In the case of a sale of the Hotel, RegiÔtels must be given an option to be included as a service provider under the current conditions in the first six months trading of the incoming operator.

The Customer must inform REGIÔTELS immediately about the decision to close the Hotel, for REGIÔTELS to undertake the necessary actions within the booking systems and with the contracted third-party providers.

In the case that RegiÔtels does not deliver the a forementioned points featured in Articles 2, 3 and 4, the Client will have the opportunity to terminate the contract with a six-month notice period without the handover charges to ensure continuity for the Customers clients.

Art. 4 – Timeline and commitments

Either on the 1st or the 15th of the following month after signing, the onboarding will commence with a full review of all properties signed. Throughout the first two months pricing strategies and implementation will take place.

Art. 5 – Pricing and Payment arrangements

Precios

Included in the fee are all points stated on page one and mentioned in detail in the terms and conditions.

Additional services will be priced as per the extensions menu (please request a copy).

If a commission based fee due to REGIÔTELS is agreed all online digital revenue made to the hotel including the total gross  revenue from online travel agencies is calculated as the base. In all cases, the % fee is calculated on total revenue generated online (including the total revenue from packages sold as well as bed & breakfast rates).

All business acquired through existing contracts via offline sources as mentioned in Article 3 generates no charges.

Invoicing

All invoices will only be electronic, there will be no hard copy.

Invoicing will be done in the currency mentioned on page one.

The data will be extracted and sums due calculated automatically on the first week day of each month for the preceding month with an invoice sent out directly to the hotel for payment within 20 days of receipt.

All payments will be via bank transfer to the account featured on the cover page or by credit card to REGIÔTELS’ online account (to be communicated separately at the time of onboarding)

Local taxes on the services of REGIÔTELS or transfer taxes or bank fees on the transfer of funds will be taken on by the Hotel.

VAT: Pricing does not include VAT. REGIÔTELS additionally charges the customer the legal value added tax if applicable. Services charged outside of Europe are not applicable to Value Added Tax (VAT) at the time of signing.

Any delayed payment will incur a €150 penalty fee per hotel on the invoice of the following month.

Failure to pay for two consecutive months will result in the account handling and work being frozen and the penalty fee being brought forward.

Failure to pay the fees for four consecutive months will result in a risk of all work and contribution of REGIÔTELS being deleted (including the website).

Should either of the above two points occur within the first six months of collaboration, the contract will be terminated by REGIÔTELS and the cancellation fee as mentioned in article 67 will apply.

Art. 6 – Duties of the parties

Duties and responsibilities of REGIÔTELS 

The Customer is warned of the technical risks associated with the Internet which may affect the interruption of access, the quality, the speed and the continuity of the services provided over the Internet. REGIÔTELS assumes no responsibility in this regard.

REGIÔTELS shall not be liable for any material or immaterial damage resulting from interruptions or disruptions, use by the customer and / or user, or a malfunction of the customer’s device or any third-party device.

Duties and responsibilities of the Customer 

The Customer undertakes to work constructively and regularly with REGIÔTELS in order to achieve the best possible results.

The Customer undertakes to provide REGIÔTELS all necessary information and access for the smooth running of projects in a timely manner.

Share the past business results (in terms of room turnover) with REGIÔTELS.

For the duration of this contract, accommodation for visiting REGIÔTELS staff and associates will be on a discounted room basis of €60 per room per night, all food and beverage costs will be met by the guests themselves.

Contents and data of its official website.

Data protection, impressum and general terms and conditions are the responsibility of the Clients data protection officer. REGIÔTELS is not a data protection expert and uses the Clients documents.

All data that it creates, publishes and transfers to third party companies.

The Customer has the necessary rights under local law to exercise the activity of the hotelier. If the Customer loses this authorisation, they undertake to inform REGIÔTELS within one week.

The services of the hotel must meet the quality standards of the industry. The customer warrants that all indoor and outdoor facilities comply with the safety and health standards established by the law of the country in which the hotel is located.

The Customer undertakes to inform REGIÔTELS promptly and precisely about any problems of use such as defects, construction work, renovations, repairs in the hotel as well as any work or disturbances in the environment.

The Customer undertakes to inform REGIÔTELS of the closure of the hotel for at least one day, at least 3 months in advance (this is exempt should there be a forced closure).

The Customer must at all times have comprehensive liability insurance covering all material and non-material damages that may be incurred by his customers or third parties during their stay at the hotel.

Art. 7 – Privacy 

As part of their work, the parties process personal data. The parties undertake to conclude a separate contract for the processing of orders, which complies with the applicable legal requirements. The parties undertake to conclude this contract before REGIÔTELS receives access to the personal data of the customer’s guests.

Art. 8 – Confidentiality 

Each party is prohibited from directly or indirectly transmitting to third parties any or all of the confidential Information (including any commercial, industrial, technical, financial or nominal information). Each party is responsible for ensuring that their agents or subcontractors respect the secrecy obligation described above. The obligation of confidentiality remains valid for a period of two (2) years after the end of the contract.

Art. 9 – References

The Customer authorises REGIÔTELS to give his name and logos in his business records and on the list of partner companies on REGIÔTELS website, hotel directory and equivalent.

Art. 10 – Final Provisions 

Any changes and or additions to this contract require their written form to be signed or agreed by email from both parties to be valid. This also applies to the amendment of this written form clause itself.

Art. 11 – Jurisdiction

All disputes arising from or in connection with this contract will be definitively settled according to the Rules of Arbitration of the International Chamber of Commerce, by one or more arbitrators appointed in accordance with these Rules. The arbitration panel shall consist of three arbitrators. Each party will respectively appoint an arbitrator and the third arbitrator will be appointed by mutual agreement between the two arbitrators. The language of the arbitration will be English.

The law applicable to the substance of the dispute will be law of the country in which the hotel is based. The arbitration decision is final and the parties shall be bound by this decision. This contract is executed in two equal counterparts, with each party holding an original copy. The English version of this contract is binding.

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