On Line Tour Operator Trade Booking

On line trade bookings are made upon the same terms and conditions as contained within each signed contract between the Tour Operator and hotel.

Terms and conditions vary by property and operator. The applicable terms and conditions are shown on the booking screens for each hotel and are printed on the confirmation screen.

The following agreement outlines the rates, terms and conditions by which the Tour Operator may package and sell the specified Hotel. This agreement is applicable to all individual/FIT reservations made by the Tour Operator .

RATES

The rates provide on line form an integral part of this agreement and these rates are guaranteed for this transaction only. Once a reservation is completed on line and a confirmation screen provided, the only reason the total price may change will be in the event of a change to local government tax/service levels. All rates are quoted in and are payable in United States Dollars.

BOOKING PROCEDURES

The rates agreed in this contract apply to parties of 9 rooms or less, except where stipulated on the rate sheet. Groups of 9 or more rooms will receive a group booking must be made directly with Resort Marketing International and not through the on line system.

PAYMENT POLICY - PREPAYMENT

• 4. Invoices will be issued by Resort Marketing International with full payment instructions in accordance with the agreed payment policy negotiated with each applicable contract.
• 5. The hotel requires one hundred percent (100%) prepayment unless other specific credit arrangements have been approved in advance, in writing in the form of a contract addendum.
• 6. Full prepayment must accompany the reservation or be received at least 21 days prior to arrival in order to avoid reservation cancellation. Payment by wire transfer must be received at least 21 days prior to the guest arrival date, unless otherwise agreed in writing. If a booking is made within 21 days of the guest arrival date, immediate payment is required. If full payment is not received immediately, the reservation will automatically be cancelled. In the case of guest arrival at the hotel where funds for the reservation have not been received in full, any funds due will be collected from the guest upon arrival at the hotel.
• 7. Late Bookings: Prepayment for reservations made within 21 days is due immediately. If payment has not been received by the guest arrival date, the guest will be held responsible for all charges, or the booking will be cancelled.
• 8. For the Christmas/New Year period (21 December 2008 – 02 January 2009), the full amount of the reservation is due (and billable) as of 21 February 2008 or upon booking for a reservations made thereafter.
• 9. The Tour Operator is responsible for payment of all bank charges of wire transfers. All payments for booking are due in full without any offset for bank charges. Bank charges are the sole responsibility of and must be paid by the Tour Operator.

PAYMENT DETAILS:

ONLY wire transfers or transfers by SWIFT are accepted, free of all bank charges.

CANCELLATION & NO-SHOW POLICY

This varies by hotel and is detailed in the terms and conditions shown for each hotel within the booking screens.

OPERATING TERMS AND CONDITIONS

A. Tour Operators Obligations

• 5. In consideration of the grant to it of the preferential rates and/or the allocation the Tour Operator shall include the hotel in its Programme and brochure of inclusive holiday tours for the period of this contract, the brochure description thereof to include descriptive copy and current photographs; and provide the hotel with a minimum of equal display in the Tour Operator’s brochure in comparison with any competitive property, relative to both descriptive copy, photographs, and placement (see section E).
• 6. Not to disclose or discount the hotel’s rates, and not to offer the hotel otherwise than as part of a package in which the hotel is only one element.
• 7. The Tour Operator warrants that it is a travel organizer as defined in the European Community Directive on Package Travel Holidays and Package Tours and the UK Package, Travel Package and Package Tours Regulations 1992 and that it is aware of its liability to its clients there under and of the legal liability which it is bound to assume there under to its own clients.
• 8. The Tour Operator will have no liability under this contract in the event of Force Majeure or other circumstances arising (which shall without prejudice to the generality of the forgoing include weather, epidemic, fire or other damage to the hotel) which in the opinion of the Tour Operator would render it unsafe or inadvisable for the Tour Operator to send clients to the hotel or to the premises in which the hotel is situated.
• 9. If damage is suffered by the Tour Operator by reason of the breach of the hotel for whatever cause or any other party, the Tour Operator has no right to set off its claim for damages against other monies due to the hotel which shall be paid without any deduction or offset whatsoever, whatever may be the circumstances.
• 10. No Tour Operator contract will be signed unless the attached rate sheet and this contract are returned and duly signed by both parties.

B. The Hotel’s Obligations

• 1. The hotel shall not be allowed to increase the rates throughout the period of this contract provided however, that should any governmental authority increase any applicable tax then the amount of the increase be passed on by the hotel to the Tour Operator as tax is implemented.
• 2. The Hotel and its Agent shall be excused from its performance of any obligations under this contract when prevented from doing so by a Force Majeure event which shall include, without limitation, all labour disputes, government regulations or controls, fire or other casualty, inability to obtain any materials, or inability to the provide the goods and services contemplated by this contracts due to acts of God, including, without limitation weather, hurricanes, windstorm, fire, acts of war, terrorism, travel supplier strikes and delays, equipment failures, or any other Force Majeure event beyond the hotel’s control.

C. Safety of Clients

Throughout the term of this contract the hotel warrants and represents as follows:

• 9. That the hotel holds all necessary certificates with all applicable national and local laws, decrees, regulations and codes of recommended practice(including those promulgated by trade associations of which the Hotel is a member) relating to hygiene, fire and general safety of those using the hotel or any of its amenities. The hotel shall indemnify and keep indemnified the Tour Operator against all losses, liabilities, claims or expenses for or in respect of injury, (including death) loss or damage to persons or property which may arise from any cause whatsoever out of or in connection with the supply of services to the Tour Operator (excluding the negligence or default of the Tour Operator , its servants or agents but including any failure on the hotel’s part to comply with the laws, decrees, regulations and codes of recommended practice referred to above).
• 10. That the hotel is comprehensively insured with a reputable insurance company in respect of its liability for death, illness, personal injury or other loss or damage suffered by third parties, however caused in a sum assured of not less than one hundred thousand US Dollars for each and every individual third party for each and every incident but without limit of indemnity in respect of costs, fees and expenses; provided however that nothing in this sub-clause shall serve to limit the liability of the Hotel to indemnify the Tour Operator under the terms of Clause (a) above.
• 11. That the hotel will at once inform the Tour Operator by the fastest available method if the hotel or any of its facilities or amenities no longer comply with any of the said safety standards etc. or if there are any changes in its said insurance or if it ceases to be so insured.
• 12. That if the hotel to sub-contracts any of its obligations under this contract for whatever reason, then the hotel will procure that the sub-contractor also complies with the said safety standards and maintains insurance as aforesaid. The hotel further agrees that in the event of the negligence of any sub-contractor or if any sub-contractor fails to comply with the said safety standards or to maintain the said insurance the hotel will indemnify the Tour Operator and its clients against any loss, damage or expense (including costs) incurred by the Tour Operator in relation to claims which may be made against the Tour Operator whether for death, illness, personal injury or other loss or damage however caused.

D. Description and Amenities

• 5. The hotel hereby declares that at the date of this contract the hotel consists of and conforms to and has the characteristics, description, facilities and amenities set out in the Description Sheet relating to the hotel which has been or will be agreed and signed by or on behalf of both parties and which forms part of this contract.
• 6. In the event of any alteration after the date of this contract in those characteristics, description, facilities and amenities of the hotel set out in the said Description Sheet, the hotel shall forthwith give written notice to the Tour Operator or its representative of any alteration and shall sign a fresh Description Sheet incorporating all such alterations PROVIDED THAT the hotel shall not be bound to give notice hereunder in the event of any temporary withdrawal of any facility or amenity where the same has been withdrawn for reasons of breakdown, repair, maintenance, cleaning, weather, lack of fuel or water or other such reason for temporary withdrawal.

E. Accuracy of Hotel Descriptions

• 5. The hotel has supplied the description of the hotel and its facilities to the Tour Operator. The Tour Operator is aware of its obligations under ABTA’s Code of Conduct and its legal liability in the United Kingdom or under the Tour Operator 's regulatory body existent in the country from which it operates and its legal liability in said country for false trade descriptions.
• 6. The hotel shall not be liable for the Tour Operator's brochure description in respect of the hotel unless the hotel or its agent has approved and countersigned the brochure copy. In the case of the brochure copy not being ready at the date of this contract, the hotel will not be liable unless, and until, the said copy has been delivered to and countersigned by the hotel.

F. Consumer Protection Plan and Booking Conditions

• 9. The Tour Operator will provide the hotel with a copy of its Fair Trading Bond and Booking Conditions as set out in all current Tour Operator s brochures which feature the hotel during the term of this contract. If the Tour Operator is required to make refunds to any client in respect of their stay at the hotel, then the Tour Operator will negotiate fairly with the hotel as to which party should bear all or part of the burden thereof.
• 10. In the event of overbooking by the hotel, or the hotel not being ready to receive the Tour Operator's clients on the arrival date, the hotel shall use its best efforts provide the Tour Operator’s affected clients with alternative accommodation in a hotel of similar or higher quality and with similar facilities at no extra cost to the Tour Operator. Through this client re-protection action the hotel shall be deemed to have fulfilled its obligations to the Tour Operator and its affected clients.
• 11. This contract is written in the English language which shall be considered the authentic language and it shall be construed and takes effect according to the Laws of the country or jurisdiction in which the hotel is located. The parties to this contract hereby submit to the exclusive jurisdiction of the courts and authorities of the country or jurisdiction in which the hotel is located with respect to any claims or actions arising out of or in connection with this contract.
• 12. Travel insurance is recommended. The Tour Operator shall be responsible for advising its clients about travel insurance.

On Line Travel Agent Trade Booking

On line trade bookings are made directly between the Travel Agent and Hotel.

Terms and conditions vary by property. The applicable terms and conditions are shown on the booking screens for each hotel and are printed on the confirmation screen.

The following agreement outlines the rates, terms and conditions by which the Travel Agent may package and sell the specified Hotel. This agreement is applicable to all individual/FIT reservations made by the Travel Agent .

RATES

The rates provide on line form an integral part of this agreement and these rates are guaranteed for this transaction only. Once a reservation is completed on line and a confirmation screen provided, the only reason the total price may change will be in the event of a change to local government tax/service levels. All rates are quoted in and are payable in United States Dollars.

COMMISSION

Commission varies by hotel and hotel chain. The exact commission paid will be clearly shown within the initial screen of the booking process. This commission will be paid by the Hotel directly to the Travel Agent.

GROUPS

The rates agreed in this contract apply to parties of 9 rooms or less, except where stipulated on the rate sheet. Groups of 9 or more rooms will receive a group booking and must be made directly with Resort Marketing International and not through the on line system.

PAYMENT POLICY - PREPAYMENT

• 2. Payment is required in full at the time of booking by way of credit card.
• 3. The hotel requires one hundred percent (100%) prepayment unless other specific credit arrangements have been approved in advance in writing in the form of a specific separate contract.

CANCELLATION & NO-SHOW POLICY

This varies by hotel and is detailed in the terms and conditions shown for each hotel within the booking screens.

VII. OPERATING TERMS AND CONDITIONS

A. Travel Agents Obligations

• 1. Not to disclose or discount the hotel’s rates, and not to offer the hotel otherwise than as part of a package in which the hotel is only one element.
• 2. The Travel Agent warrants that it is a fully bonded bon fide agent. Commission will only be paid to correctly bonded travel agents.
• 3. The Travel Agent will have no liability under this contract in the event of Force Majeure or other circumstances arising (which shall without prejudice to the generality of the forgoing include weather, epidemic, fire or other damage to the hotel) which in the opinion of the Travel Agent would render it unsafe or inadvisable for the Travel Agent to send clients to the hotel or to the premises in which the hotel is situated.
• 4. If damage is suffered by the Travel Agent by reason of the breach of the hotel for whatever cause or any other party, the Travel Agent has no right to set off its claim for damages against other monies due to the hotel which shall be paid without any deduction or offset whatsoever, whatever may be the circumstances.

B. The Hotel’s Obligations

• 1. The hotel shall not be allowed to increase the rates throughout the period of this contract provided however, that should any governmental authority increase any applicable tax then the amount of the increase be passed on by the hotel to the Travel Agent as tax is implemented.
• 2. The Hotel and its Agent shall be excused from its performance of any obligations under this contract when prevented from doing so by a Force Majeure event which shall include, without limitation, all labour disputes, government regulations or controls, fire or other casualty, inability to obtain any materials, or inability to the provide the goods and services contemplated by this contracts due to acts of God, including, without limitation weather, hurricanes, windstorm, fire, acts of war, terrorism, travel supplier strikes and delays, equipment failures, or any other Force Majeure event beyond the hotel’s control.

C. Safety of Clients

Throughout the term of this contract the hotel warrants and represents as follows:

• 5. That the hotel holds all necessary certificates with all applicable national and local laws, decrees, regulations and codes of recommended practice(including those promulgated by trade associations of which the Hotel is a member) relating to hygiene, fire and general safety of those using the hotel or any of its amenities. The hotel shall indemnify and keep indemnified the Travel Agent against all losses, liabilities, claims or expenses for or in respect of injury, (including death) loss or damage to persons or property which may arise from any cause whatsoever out of or in connection with the supply of services to the Travel Agent (excluding the negligence or default of the Travel Agent , its servants or agents but including any failure on the hotel’s part to comply with the laws, decrees, regulations and codes of recommended practice referred to above).
• 6. That the hotel is comprehensively insured with a reputable insurance company in respect of its liability for death, illness, personal injury or other loss or damage suffered by third parties, however caused in a sum assured of not less than one hundred thousand US Dollars for each and every individual third party for each and every incident but without limit of indemnity in respect of costs, fees and expenses; provided however that nothing in this sub-clause shall serve to limit the liability of the Hotel to indemnify the Travel Agent under the terms of Clause (a) above.
• 7. That the hotel will at once inform the Travel Agent by the fastest available method if the hotel or any of its facilities or amenities no longer comply with any of the said safety standards etc. or if there are any changes in its said insurance or if it ceases to be so insured.
• 8. That if the hotel to sub-contracts any of its obligations under this contract for whatever reason, then the hotel will procure that the sub-contractor also complies with the said safety standards and maintains insurance as aforesaid. The hotel further agrees that in the event of the negligence of any sub-contractor or if any sub-contractor fails to comply with the said safety standards or to maintain the said insurance the hotel will indemnify the Travel Agent and its clients against any loss, damage or expense (including costs) incurred by the Travel Agent in relation to claims which may be made against the Travel Agent whether for death, illness, personal injury or other loss or damage however caused.

D. Description and Amenities

• 3. The hotel hereby declares that at the date of this contract the hotel consists of and conforms to and has the characteristics, description, facilities and amenities set out in the Description Sheet relating to the hotel which has been or will be agreed and signed by or on behalf of both parties and which forms part of this contract.
• 4. In the event of any alteration after the date of this contract in those characteristics, description, facilities and amenities of the hotel set out in the said Description Sheet, the hotel shall forthwith give written notice to the Travel Agent or its representative of any alteration and shall sign a fresh Description Sheet incorporating all such alterations PROVIDED THAT the hotel shall not be bound to give notice hereunder in the event of any temporary withdrawal of any facility or amenity where the same has been withdrawn for reasons of breakdown, repair, maintenance, cleaning, weather, lack of fuel or water or other such reason for temporary withdrawal.

E. Accuracy of Hotel Descriptions

• 3. The hotel has supplied the description of the hotel and its facilities to the Travel Agent. The Travel Agent is aware of its obligations under ABTA’s Code of Conduct and its legal liability in the United Kingdom or under the Travel Agent 's regulatory body existent in the country from which it operates and its legal liability in said country for false trade descriptions.
• 4. The hotel shall not be liable for the Travel Agents brochure description in respect of the hotel unless the hotel or its agent has approved and countersigned the brochure copy. In the case of the brochure copy not being ready at the date of this contract, the hotel will not be liable unless, and until, the said copy has been delivered to and countersigned by the hotel.

F. Consumer Protection Plan and Booking Conditions

• 5. The Travel Agent will provide the hotel with a copy of its Fair Trading Bond and Booking Conditions as set out in all current Travel Agents brochures which feature the hotel during the term of this contract. If the Travel Agent is required to make refunds to any client in respect of their stay at the hotel, then the Travel Agent will negotiate fairly with the hotel as to which party should bear all or part of the burden thereof.
• 6. In the event of overbooking by the hotel, or the hotel not being ready to receive the Travel Agent's clients on the arrival date, the hotel shall use its best efforts to provide the Travel Agent’s affected clients with alternative accommodation in a hotel of similar or higher quality and with similar facilities at no extra cost to the Travel Agent. Through this client re-protection action the hotel shall be deemed to have fulfilled its obligations to the Travel Agent and its affected clients.
• 7. This contract is written in the English language which shall be considered the authentic language and it shall be construed and takes effect according to the Laws of the country or jurisdiction in which the hotel is located. The parties to this contract hereby submit to the exclusive jurisdiction of the courts and authorities of the country or jurisdiction in which the hotel is located with respect to any claims or actions arising out of or in connection with this contract.
• 8. Travel insurance is recommended. The Travel Agent shall be responsible for advising its clients about travel insurance.

On Line Booking

On line bookings are made between the purchaser and Resort Marketing International, acting as an agent for the hotel.

exact terms and conditions vary by property; the applicable terms and conditions are shown on the booking screens for each hotel and are printed on the confirmation screen.

The following agreement outlines the general terms and conditions.

RATES

The rates provided on line form an integral part of this agreement and these rates are guaranteed for this transaction only. Once a reservation is completed on line and a confirmation screen provided, the only reason the total price may change will be in the event of a change to local government tax/service levels. In this instance Resort Marketing International will email the necessary changes to the purchaser. All rates are quoted in and are payable in United States Dollars.

GROUPS

The rates agreed in this contract apply to parties of 9 rooms or less, except where stipulated on the rate sheet. Groups of 9 or more rooms will receive a group booking and must be made directly with Resort Marketing International Tel. UK (+44) 0870 160 9655 and not through the on line system.

PAYMENT POLICY - PREPAYMENT

• 1. Payment is required in full at the time of booking by way of credit card.

CANCELLATION & NO-SHOW POLICY

This varies by hotel and is detailed in the terms and conditions shown for each hotel within the booking screens.

OPERATING TERMS AND CONDITIONS

The Hotel’s Obligations

• 1. The hotel shall not be allowed to increase the rates throughout the period of this contract provided however, that should any governmental authority increase any applicable tax then the amount of the increase be passed on by the hotel to the Customer as tax is implemented.
• 2. The Hotel and its Agent shall be excused from its performance of any obligations under this contract when prevented from doing so by a Force Majeure event which shall include, without limitation, all labour disputes, government regulations or controls, fire or other casualty, inability to obtain any materials, or inability to the provide the goods and services contemplated by this contracts due to acts of God, including, without limitation weather, hurricanes, windstorm, fire, acts of war, terrorism, travel supplier strikes and delays, equipment failures, or any other Force Majeure event beyond the hotel’s control.

C. Safety of Clients

Throughout the term of this contract the hotel warrants and represents as follows:

• 1. That the hotel holds all necessary certificates with all applicable national and local laws, decrees, regulations and codes of recommended practice(including those promulgated by trade associations of which the Hotel is a member) relating to hygiene, fire and general safety of those using the hotel or any of its amenities. The hotel shall indemnify and keep indemnified the Customer against all losses, liabilities, claims or expenses for or in respect of injury, (including death) loss or damage to persons or property which may arise from any cause whatsoever out of or in connection with the supply of services to the Customer (excluding the negligence or default of the Customer, its servants or agents but including any failure on the hotel’s part to comply with the laws, decrees, regulations and codes of recommended practice referred to above).
• 2. That the hotel is comprehensively insured with a reputable insurance company in respect of its liability for death, illness, personal injury or other loss or damage suffered by third parties, however caused in a sum assured of not less than one hundred thousand US Dollars for each and every individual third party for each and every incident but without limit of indemnity in respect of costs, fees and expenses; provided however that nothing in this sub-clause shall serve to limit the liability of the Hotel to indemnify the Customer under the terms of Clause (a) above.
• 3. That the hotel will at once inform the Customer by the fastest available method if the hotel or any of its facilities or amenities no longer comply with any of the said safety standards etc. or if there are any changes in its said insurance or if it ceases to be so insured.
• 4. That if the hotel to sub-contracts any of its obligations under this contract for whatever reason, then the hotel will procure that the sub-contractor also complies with the said safety standards and maintains insurance as aforesaid. The hotel further agrees that in the event of the negligence of any sub-contractor or if any sub-contractor fails to comply with the said safety standards or to maintain the said insurance the hotel will indemnify the Customer and its clients against any loss, damage or expense (including costs) incurred by the Customer in relation to claims which may be made against the Customer whether for death, illness, personal injury or other loss or damage however caused.

D. Description and Amenities

• 1. The hotel hereby declares that at the date of this contract the hotel consists of and conforms to and has the characteristics, description, facilities and amenities set out in the Description Sheet relating to the hotel which has been or will be agreed and signed by or on behalf of both parties and which forms part of this contract.
• 2. In the event of any alteration after the date of this contract in those characteristics, description, facilities and amenities of the hotel set out in the said Description Sheet, the hotel shall forthwith give written notice to the Customer or its representative of any alteration and shall sign a fresh Description Sheet incorporating all such alterations PROVIDED THAT the hotel shall not be bound to give notice hereunder in the event of any temporary withdrawal of any facility or amenity where the same has been withdrawn for reasons of breakdown, repair, maintenance, cleaning, weather, lack of fuel or water or other such reason for temporary withdrawal.

E. Accuracy of Hotel Descriptions

• 1. The hotel has supplied the description of the hotel and its facilities to the Customer. The Customer is aware of its obligations under ABTA’s Code of Conduct and its legal liability in the United Kingdom or under the Customer's regulatory body existent in the country from which it operates and its legal liability in said country for false trade descriptions.
• 2. The hotel shall not be liable for the Customer's brochure description in respect of the hotel unless the hotel or its agent has approved and countersigned the brochure copy. In the case of the brochure copy not being ready at the date of this contract, the hotel will not be liable unless, and until, the said copy has been delivered to and countersigned by the hotel.

F. Consumer Protection Plan and Booking Conditions

• 1. The Customer will provide the hotel with a copy of its Fair Trading Bond and Booking Conditions as set out in all current Customers brochures which feature the hotel during the term of this contract. If the Customer is required to make refunds to any client in respect of their stay at the hotel, then the Customer will negotiate fairly with the hotel as to which party should bear all or part of the burden thereof.
• 2. In the event of overbooking by the hotel, or the hotel not being ready to receive the Customer's clients on the arrival date, the hotel shall use its best efforts provide the Customer’s affected clients with alternative accommodation in a hotel of similar or higher quality and with similar facilities at no extra cost to the Customer. Through this client re-protection action the hotel shall be deemed to have fulfilled its obligations to the Customer and its affected clients.
• 3. This contract is written in the English language which shall be considered the authentic language and it shall be construed and takes effect according to the Laws of the country or jurisdiction in which the hotel is located. The parties to this contract hereby submit to the exclusive jurisdiction of the courts and authorities of the country or jurisdiction in which the hotel is located with respect to any claims or actions arising out of or in connection with this contract.
• 4. Travel insurance is recommended. The Customer shall be responsible for advising its clients about travel insurance.