Between:
1.1. Booknstayin.com by S.E.C., registered in Ghana under company act 1962 (Act 151), with registration number BN350831224 and principal place of business E2-0331-3897, Adukrom, Ghana.
And You (the "Partner"): Full name: Property Name
Main business address: Property Address
Have agreed as follows:
For all properties which will be registered on Booknstayin.com by, listed in the name of, or under the name of the Partner, the following local commission percentages shall apply:
COMMISSION: 12% per booking
The Agreement is only effective after approval and confirmation by Booknstayin.com by Success Enable.
This Agreement is subject to and governed by the General Service Delivery Terms (the "Terms"). The Partner confirms that they have read and hereby accept the GSDTs.
Additional properties, any additional property registered on Booknstayin.com and listed in the name of or under the name of the Partner will fall under the scope of this Agreement and, accordingly, will be subject to and governed by the Terms. In the event that any property falling under this Agreement was previously listed on Booknstayin.com under another property agreement, the Partner will honor any outstanding reservations made prior to its inclusion in this Property Agreement in accordance with (a) the Terms and (b) the relevant reservation conditions and commission percentage as applicable to the original reservation.
These general delivery terms including any Annexes (the “Terms”), supplemented by Booknstayin.com policies as published time to time (the “Policies”), form an integral part of the Property Agreement (together with the Terms and the Policies, “Agreement”) and are entered into between the Property and Booknstayin.com (each a “Party” and collectively the “Parties”)
The Partner certifies that the property is a legitimate property business with all necessary registrations, licenses and permits, which can be shown upon first request. Booknstayin.com by S.E.C. reserves the right to verify and investigate any detail the Partner provides in this registration.
In addition to terms defined anywhere in the Agreement, the following definitions apply throughout the agreement unless the contrary intention appears:
Unless the context requires otherwise, words in the singular shall include the plural and words in the plural shall include the singular.
2.1. Property Information, shall be provided in accordance with the Policies and shall comply with formats and standards provided by Booknstayin.com. The Property Information shall not contain references or links to the Property or to third parties, including social media, website, app, or platform. Booknstayin.com reserves the right to edit or exclude any information that is in violation of the Agreement.
2.2. The Partner property agree and covenant that the facility’s information shall at all times be true, accurate, and not misleading. The partner is responsible for correct, complete, and up-to-date facility Information, including additional availability of rooms for certain periods or time to time bases on current situations. Changes, updates, or amendments to photos and descriptions will be processed by Booknstayin.com as soon as reasonably practicable.
2.3. Rate and Conditions, the property shall offer the same or better rates for the same property, room type, dates, bed type, number of guests, same or better amenities and add-ons (e.g. free breakfast, Wi-Fi, early/late check-out), and the same or better restrictions and policies such as reservation changes and cancellation policy as are made available by the same property as may be published or not on other platforms. This will allow for better competition and not free ride the investment by Booknstayin.com.
2.4. Tax and Levies, all property rates shown to guest on the platform shall be inclusive of Tax and any other operating levies.
2.5. Incentives, Booknstayin.com may give an incentive with respect to the Room Price at its own cost. In such case, Booknstayin.com shall pay part of the Room Price on behalf of the Guest.
2.6. Promotions, the property agrees to give, for each calendar date and subject to availability, some availability for all rooms and room types and is encouraged to provide Booknstayin.com with fair access to all rooms and room types (including various applicable policies and restrictions) and rates available during the term of the Agreement, during periods of low and high demand including during fairs, conventions, and special events.
2.7. Commission, for each reservation made through Booknstayin.com by a Guest for a room, the property shall pay Booknstayin.com a commission of 12% percent per room per night multiply by the aggregate number of rooms. The only taxes included in the Room Price shall be value added tax (VAT), or any similar sales tax and such other extras and surcharges which are included in, in addition to, or part of the offered rate or opted into or accepted through the platform by the Guest prior to the Guest’s check-in (such as breakfasts, meals (half-board or full-board), bicycle rental, late check-out/early check-in fees, extra-person charges, resort fees, roll-away beds, theater tickets, service fees, etc.)
2.8. The Commission will be calculated in accordance with the confirmed booking as provided to the property and confirmed by Booknstayin.com to the Guest.
2.9. Free Cancellation and No-show, there shall be no commission on free cancellation bookings.
2.10. Booknstayin.com shall charge property commission on overbooking, at all times, irrespective of waiver (whether successful or unsuccessful) of charged Room Price; and/or (ii) A charged cancellation and/or charged no-show.
2.11. Payments, all payments to Booknstayin.com shall be paid into the Bank details, payment details or approved payment affiliate provided by Booknstayin.com by S.E.C.
2.12. Commission shall be invoiced and paid the calendar month after the departure date of the Guest. Invoices are processed on a monthly basis and shall be made available to the property through the email and hard copy (upon request).
2.13. The property shall pay the invoice within 10 days of the invoice date.
2.14. The property is responsible for withholding and reporting all Taxes due in relation to the Commission according to the relevant tax regulations and the practices and requests of the tax authorities. The Property shall bear and be responsible for the payment and remittance of the Taxes applicable to the Commission and any associated late payment interest and penalties imposed by the tax authority for failing to withhold and report any Taxes applicable to the Commission.
2.15. If there is a dispute between Booknstayin.com and the property (e.g. on the amount of the Commission), the property shall pay any undisputed part of the Commission in accordance with the terms of the agreement, notwithstanding the status or nature of the dispute.
2.16. If the property is late in its payment to Booknstayin.com, Booknstayin.com may claim statutory interest, suspend its service under the agreement (e.g. by suspending the Property from the Platform), and/or require Facilitated Payments, Direct Debit, a deposit, a bank guarantee, or some other form of financial security from the Property.
2.17. Reservation, Guest Reservation, Guest Complaints, the property will receive a confirmation for every reservation made by a Guest through the Platform. The confirmation will include the guest Data, which includes but is not limited to all Guest Personal Data. Booknstayin.com is not responsible for the accuracy and completeness of the information (including credit card details) and dates provided by the Guests.
2.18. Booknstayin.com is not responsible for the payment obligations of the Guests relating to their reservations except in some cases where the guest select pay in advance and pay in advance where the room rate shall be organized and pay by Booknstayin.com
2.19. By making a reservation through the Platform, a direct legal contract is created between the property and the guest (the "Guest Reservation"). Booknstayin.com is not a party to this contract.
2.20. The property must accept a guest as its contractual counterparty and must handle the online reservation in compliance with the property Information contained on the Platform at the time the reservation was made and the supplementary information and wishes (if any) were made known by the Guest.
2.21. Other than the rate, extras, and charges set out in the reservation confirmation sent by Booknstayin.com to the Guest, the property shall not charge the guest any transaction or administrative fee or charge for the use of any payment method (e.g. credit card charge or etc.)
2.22. Guest Complaint, Complaints or claims in respect of services provided by the property shall be managed by the facility without the involvement of Booknstayin.com. Booknstayin.com sis not responsible for and has no liability in regard to such complaints or claims. Booknstayin.com, acting as intermediary, may, at a Guest’s request, offer customer service support to the Guest. Booknstayin.com shall always give the property the opportunity to resolve the complaint.
2.23. Overbooking & Cancellation, the Property shall provide the Guest with the booked room(s). If the property is unable to do so, it will use its best endeavors to provide an alternative room(s) or suitable alternative property of an equal or better standard without additional charge to the Guest. The property shall promptly inform Booknstayin.com of its inability to accommodate the Guest with the booked room(s), and will confirm whether it is able to offer suitable alternative property, using Booknstayin.com customer service in accordance with the Booknstayin.com overbooking procedure as set out in the Partner page.
2.24. Force Majeure, where a Force Majeure event occurs, the property will not charge and will refund, if applicable, the Guests affected by the Force Majeure event any fee, costs, expenses, or other amount including the (non-refundable) rate or the no-show, (change of) reservation, or cancellation fee.
The Property has all necessary rights, power, and authority to use, operate, own (as applicable), license, and permit Booknstayin.com to make available on the Platform the property and all Intellectual Property in regard to the property as set out or referred to in the property Information.
The property holds and complies with all permits, licenses, and other governmental authorizations, registrations, and requirements necessary for conducting its business and making the property available on the Platform for reservation
The property is duly registered with all relevant government and tax authorities’ revenue collection authorities as a hotel or other property provider.
The property grant Booknstayin.com to use, reproduce, have reproduced, process, distribute, sublicense, display, and utilize including without limitation to publicly perform, modify, adapt, communicate, reproduce, copy, and make available to the public in any manner whatsoever the property Information.
The data Booknstayin.com collects in relation to the property including its staff members, agents, representatives, and other individuals or which is generated by the property use of the Platform depends on the context of the property business relationship and interaction with Booknstayin.com, the choices it makes and the products, services, and features it uses.
Unless otherwise agreed, the Agreement shall commence on the date of acceptance by the Property and shall continue for an indefinite period of time. Each Party may terminate the Agreement at any time and for any reason by written notice to the other Party with a notice period of 14 days.
The following events shall in any event be regarded as a material breach and/or shall entitle Booknstayin.com to immediately terminate (close), restrict, or suspend (all or part of its obligations under) the Agreement (without a notice of default):
(i) failure to pay any of Booknstayin.com invoices, debit notes, or charges by the due date;
(ii) A bad faith attempts to avoid payment of Commission and/or decrease Commission;
(iii) The provision of inaccurate, outdated, incomplete, misleading, or fraudulent information by the Property, including posting Property Information of this nature on the platform.
(iv) Failure to accept a reservation at the price and/or conditions shown on a reservation or non-adherence to the agreed price and/or conditions of a reservation;
(v) The Property overcharging a Guest and non-agreed charges.
(vi) The Property misusing a guest’s payment card or other data in any way (e.g. by charging a Guest’s payment card before check-in without the Guest’s prior consent), or if a data breach occurs;
(vii) A serious complaint from one or more Guest(s) or a third party;
(viii) Repeated poor ratings or reviews;
(ix) The Property directly or indirectly manipulating or attempting to manipulate a reservation or the functioning of the Platform e.g. by manipulating Guest reviews
(x) Any safety, security, privacy, or health issues or problems relating to the Property or its facilities the Property shall at its own cost and at the request of Booknstayin.com deliver to Booknstayin.com relevant permits, licenses, certificates, and statements issued by an independent expert evidencing and supporting its compliance with applicable (privacy, safety, and health laws and legislation
(xi) The Property or any Affiliated Party terminates a contract with any Booknstayin.com affiliated Company without proving cause and/or for convenience;
(xii) Any of Booknstayin.com affiliated Companies being legally entitled to terminate a contract for cause with the Property including a party that directly or indirectly holds or controls or is directly or indirectly held or controlled by the Property.
(xiii) Breach, including any act or event of default or failure to perform any obligation, of any other agreement between the Property and Booknstayin.com or any Booknstayin.com affiliated company;
(xiv) Conduct by the Property which is not compatible with Booknstayin.com global business model, technology, or the Policies;
(xv) Booknstayin.com reasonably believes that action is necessary to protect the personal safety or property of Booknstayin.com, Guests, or third parties and to prevent inappropriate, unlawful, or unprofessional physical and/or non-physical behavior and/or acting in bad faith, fraud, or any other unacceptable activity;
The Parties understand and agree that in the performance of the Agreement, each Party may directly or indirectly have access to or be exposed to confidential information of the other Party (the "Confidential Information").
Confidential Information includes Customer Data, Personal Data, transaction volume, marketing and business plans, business, financial, technical, operational, and such other non-public information that either the disclosing Party designates as being private or confidential or which the receiving Party should reasonably know should be treated as private and confidential. All Confidential Information shall remain the exclusive property of the disclosing Party.
The receiving Party shall not use any Confidential Information for any purpose except in order to meet its obligations under the Agreement;
(ii) It shall maintain, and shall use prudent methods to ensure its employees, officers, representatives, contracting parties, and agents (the " Permitted Persons") maintain the confidentiality and secrecy of the Confidential Information;
(iii) It shall disclose Confidential Information to Permitted Persons only insofar as it is necessary to meet its obligations under the Agreement;
(iv) It shall not, and shall use prudent methods to ensure that the Permitted Persons do not, copy, publish, disclose to others, or use (other than as permitted under the Agreement) the Confidential Information; and
(v) It shall return or destroy all hard and soft copies of the Confidential Information when requested to do so by the other Party.
This contract may be update, amended, or altered without the notice. It shall be the responsibility of partners to always check for the updated version for use.