Ecohotels.com - Hotel distribution agreement.

The terms and conditions herein constitutes a legal binding agreement between You (the “Hotel”) and Eco Hotels.com ApS (“EH”) regarding the provision from EH of a hotel reservation service (the “Service”) to the Hotel.

The Hotel’s use of the Service constitutes an unconditional acceptance of the terms and conditions in this agreement (the “Agreement”)

The Service – the obligations of EH:

EH act as an agent for the Hotel with the aim to obtain online reservations for the Hotel, this includes:

1)EH’s marketing of the Hotel on EH´s booking portal www.ecohotels.com (the “Booking Portal”).

2)EH making it possible to make on-line reservation on the Hotel, with the use of credit card on the EH booking portal.

3)EH will provide the Hotel with access to our online facility (the “Hotel Portal”) where the Hotel can update available rooms, room rates, arrangements and information of the Hotel etc.

4)EH will provide appropriate training in the use of the Services with the aim to increase the number of reservations at the Hotel.

5)EH will collect information from the Hotel enabling us to marketing the Hotel in an appropriate way hereunder at the Booking Portal.

The obligations of the Hotel:

1)The Hotel is responsible for updating the Hotel Portal on day to day basis to ensure that the information is correct, accurate and not misleading at any time, hereunder with regard to room availability, rates (including all applicable taxes, surcharges and fees) and room information, pictures, descriptions. amenities and terms.

2)The Hotel is responsible for the correctness of all information provided to EH hereunder at the Hotel Portal. The Hotel shall indemnify EH for all losses as a result of incorrect information.

3)The Hotel shall accept any guest reservation made through the Service which fulfill the requirements for a reservation according to the terms herein and the reservation and accept the guest as the contractual party for the Hotel under such reservation. In the event that the Hotel is not able to meet its obligations under this Distribution Agreement for any reason the Hotel is obliged to find suitable accommodation equal or better to the accommodation offered by the Hotel.

Cancellations made by guests after the cancellation deadline and a cancellation fee applies are eligible for commission.

4)The Hotel shall charge in same currency as the reservation and if not possible only be allowed to charge a reasonable exchange rate

5)The room rate up-loaded into the Hotel Portal shall include all taxes and surcharges and the Hotel is not entitled to charge any surcharges or similar in addition to the rate uploaded to the Hotel Portal.

6)The Hotel shall pay the agreed commission to EH for any reservations that are transacted using the Services. The agreed commission is calculated as a percentage of the “rate per night” uploaded by the Hotel multiplied with the number of nights the guest actually stays. The commission is calculated on basis of the full payment for the room including extra beds, VAT etc.

7)The Hotel is responsible for validating credit card details and performing any preauthorization of the card.

Commission, payments and invoicing:

1)The Hotel Portal shows information of the agreed commission percentage (excluding VAT), all bookings using the Services and any commission due.

2)The Commission per reservation is equal to the number of nights reserved at the Hotel by the guest, as set or uploaded to Ecohotels.com including VAT, sales taxes and other applicable taxes and also other add-ons ordered on Ecohotels.com (such as breakfasts, meals, bicycle rental, late check-outs/early check-in fees, extra person charges, resort fees, roll-away beds, theater tickets, service fees, etc.).

3)EH will invoice the Hotel for commission on a monthly basis normally on the 10th business day in a calendar month for the commission in the preceding calendar month.

4)The commission is fall due within 14 days after invoice date. Where applicable the value added tax will be added.

5)In the event of a dispute between EH and the Hotel any undisputed amount of the commission will be paid in accordance with the terms of this Distribution Agreement.

6)In the case of late payment, EH reserves the right to claim a late payment fee, interest, and/or suspend its services under the Distribution Agreement.

Review and ranking

1)EH makes as a part of the Service a review and ranking facility available for the guests where guest can give review and rankings for each hotel hereunder the Hotel which will be accessible at the Booking Portal. The Hotel will have access to comment on any review or rankings but no access to pre approve such reviews.

2)EH will have a procedure for approving reviews and rankings hereunder to secure that only guests can give review and rankings. EH will remove reviews and rankings if the Hotel can prove or make probable to EH that such review or ranking is false or misleading.

3)EH is not in any event liable for the content of such guest reviews and rankings.

Breach and suspension

1)EH can at any time suspend the Hotel from the Services in case of the Hotels breach or nonfulfillment of these terms and conditions hereunder the obligation to update the Hotel Portal and the obligation to pay commissions.

Changes

1)EH may change or amend these terms and conditions from time to time by at least 2 weeks’ notice.

Any notice is given at the Hotel Portal.

Liability and limitation of liability

1)The Hotel shall indemnify against all losses and liabilities incurred by EH as a result of wrong or misleading information from the Hotel, breach of any copyright of any party by the Hotel.

2)The Hotel shall in case of over-bookings transacted using the Service due to any failure of the Hotel hereunder with regard to room availability information uploaded to the Hotel Portal ensure alternative accommodations for the over booked guests within reasonable distance and of same or better standard without any extra charge and with complementary transportation.

3)In no event shall any party be liable to the other party under this agreement for any consequential or indirect loss, hereunder but not limited to loss of goodwill, loss of business, loss of profit, loss of data. The maximum liability of a party under this contract shall not exceeded 30 % of the commission paid in

the last 12 calendar month preceding such claim. (This limitation does not apply for the obligation to pay commissions).

Availability of the service

1)EH uses reasonable efforts to secure availability and function of the Service hereunder the Booking portal. There may however occur events where the Service hereunder the Booking portal is unavailable. EH is not liable towards the hotel for such errors or unavailability.

Personal Data

1)The parties shall be in conformity of all relevant personal data legislation hereunder with regard to processing data with regard to guests and credit card information. To the extent EH is processing data on behalf of the Hotel, the EH Data Processing Agreement (LINk?) shall apply.

Term and termination

1)This Agreement is in force until terminated by either party with 14 days prior written notice. Upon termination EH will stop the Service and remove the Hotel from the Booking Portal. The Hotel remains responsible for paying commissions on all reservations made using the Service.

Privacy Policy Hotel partners:

This Privacy Policy applies to Ecohotels ApS. It describes how Ecohotels.com collects and processes personal data from partners. This Privacy Statement therefore applies to personal data of owners, employees, or other individuals acting on behalf of the partner Hotel,.

See the separate Privacy Policy which describes how Ecohotels.com processes personal data collected about customers making use of Ecohotels.com.

For information on how Ecohotels.com uses cookies, click here.

The personal data Ecohotels.com collects about a partner Hotel, can include the following:

We collect contact data of the partner Hotel, like their first name/last name, email, business address, telephone, and fax number.

We collect data necessary for payment and invoicing purposes, including your bank details, bank account number, VAT number.

Ecohotels.com uses account details, financial data and contact details for registrations with Ecohotels.com,

We will retain personal data for as long as we deem it necessary to manage the relationship with a partner Hotel,, to provide the Ecohotels.com services to a partner Hotel,.

You can ask us for a copy of the personal data we hold about you and you can inform us of any changes to your personal data, or you can ask us to correct personal data or in certain cases, to have some or all of your personal data deleted.

Ecohotels.com shall take reasonable steps to ensure the reliability of any employee or contractor who may have access to the personal data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant data.

Processing Purposes

Ecohotels.com uses the partner Hotel information for the following purposes:

Ecohotels.com uses personal data to also inform about system updates, to send the Ecohotels.com newsletter. When we use personal data for direct marketing messages in electronic form, Ecohotels.com will include a link to unsubscribe.

Ecohotels.com uses the information provided, which can include personal data, for analytical purposes.

In certain cases, Ecohotels.com needs to use the information provided, which can include personal data, to handle and resolve legal disputes.

Ecohotels.com relies on the legal basis that the processing of personal data is necessary for the performance of the agreement between the partner Hotel and Ecohotels.com. If the required information is not provided, Ecohotels.com cannot work with a partner Hotel, nor can we provide customer service.

Questions or Complaints

All privacy related questions and complaints reported to Ecohotels.com will be investigated. Ecohotels.com will attempt to resolve complaints and questions.

Changes to the Privacy Policy

We will not reduce your rights under this Privacy Policy without your consent. We reserve, however, the right to modify the policies at any time, so please review it frequently. If we decide to change our Privacy Policy, we will communicate this at the EH website.

Fees

Ecohotel Service Setup Fee: 0 DKK