HOTEL DE GmbH operates a worldwide hotel reservation service under www.hotel.de, www.hotel.info and all linked partner sites. The following Terms and Conditions of Participation of hotel info, hereinafter referred to as the “provider“, apply to all domains and subsidiaries of same.
"Partner" means the contracted partner in the Affiliate Agreement whose (contact) details are shown on the registration form. The partner owns or specifies one or more website urls and/or provides accommodation on behalf of third party(s) (e.g. travel agencies).
When bookings are made via a Partner's website(s), the Partner receives a percentage payment as outlined in Section 4.
The Provider shall therefore benefit from the media services provided by the Affiliate's website and shall earn a share from the volume of bookings made. The Affiliate and its customers have the advantage of being able to book hotels direct online.
2. Services of the Provider
The Provider offers hotel content from its own booking system, all services connected with such content as well as the transmission of all relevant accommodation information. The Provider offers various integration options and advertising material (including text links, search forms, banners, XML, etc.) to enable hotel bookings to take place. In addition, the Provider offers the Partner online access to an overview of the bookings made through their website(s). Calculation of commission owing and a statement of bookings generated by the Partner is completed by the Provider's system.
3. Services Provided by the Partner
The Partner agrees to insert at least one of the Provider's available integration links into their website(s). The Provider will provide various integration options and advertising material available to the Partner. Travel agencies which do not have their own website are excluded. Additionally the Affiliate has the direct possibility to use the web pages of the Provider as a hotel booking engine
The Affiliate shall be responsible for the content and accuracy of their own website. All hotel content including descriptions, ratings, images, etc., may be used solely in the connection with the Provider.
The Partner must ensure that this integration of hotel content is always kept up to date.
The Affiliate is obliged to respect all statutory requirements in relation to any usage of the service supplied by the Provider and any advertising used. In particular this applies to any form of public relations including the creation and distribution of newsletters in which the Provider is named.
4. Payment options, commission calculation and reporting
The Partner will receive commission from the Provider for each hotel booking based on the nightly hotel rate. Booking cancellations and "No Shows“ (i.e. when a customer does not check-in to the booked hotel) are excluded from receiving commission. Bookings must be made through the Partner ID (i.e. HAN = HotelAgentNumber) or directly through the Provider's website via the Partner's affiliate account. The commission rate is based on the following:
Number of bookings per month
Commission on the booking volume
0 – 49 bookings
50 – 149 bookings
150 – 499 bookings
from 500 bookings
When a higher commission level is reached, all bookings will be rewarded with a higher commission. Example: 50 commissionable bookings are shown on yor monthly invoice. A commission rate of 5.25% of the total order value will be credited to these 50 bookings. If the booking volume is 10,000 EUR you will receive 525 EUR as a Partner.
The Affiliate shall not receive any commission for bookings made through the Provider's Service Centre. This includes group and meeting reservations.
Partner earnings are calculated and paid 2 months after the end of the month in which the guest checked-out of the hotel. Calculation of the order value generated through the Partner link depends on the hotel agent number (= HAN) in the Provider's system. The Partner ID (HAN) is sent by the Provider to the Partner when they register to the programme.
This booking value will be measured by the Provider according to the information provided by the linked website.
Partner commission shall be paid out monthly in euros, provided that a minimum commission of EUR50 is reached during the month in question. Amounts of less than EUR50 will accrue in your account and will be transferred as soon as a balance of EUR50 has been reached.
The Partner must ensure that his/her bank details are correct in order for the Partner commission payment to be transferred correctly. Changes to billing information must be made by sending an e-mail to firstname.lastname@example.org.
The Affiliate is an independent entity for the purposes of this agreement. It is responsible for its own tax affairs in the context of this agreement.
In the event of a dispute, both sides shall appoint an arbitrator by mutual agreement. This arbitrator shall be permitted to inspect the Provider's books to ascertain the booking value in question. If the Provider and the Affiliate are unable to agree on an arbitrator, an impartial auditor may be appointed. The costs of the audit shall be borne by the Affiliate.
5. Length of Contract
This Partner agreement commences as soon as the registration in the Partner Programme has been successfully completed and the Partner ID (HAN) has been issued. This Agreement is entered into for an unlimited period and may be terminated by either party subject to a notice period of 4 weeks from the end of the month.
In cases where the Agreement is terminated by the partner, all mutual performance and payment obligations shall end following the termination of the agreement. On termination of this Affiliate Agreement, the Affiliate shall no longer be entitled to use the information supplied by the Provider.
The contract terminates automatically after 12 months if there has been no booking activity generated by the Partner.
If no transactions have been made for 12 months, the account is considered to be inactive. All oustanding commission payments must be requested within a 12 month period, otherwise any right thereto is deemed to have been forfeited.
6. The Provider's Conditions of Use
Hotel reservations made by customers via the Affiliate's homepage or by the Affiliate itself or by its employees in the name of or on behalf of a customer shall be subject to the Provider's Terms and Conditions.
The general Terms and Conditions of the hotel at which a reservation is being made and, where applicable, any special conditions of cancellation, shall also apply. These shall be displayed online in the booking dialogue.
The Partner is obliged to inform the customer about the Provider's Terms and Conditions, the general Terms and Conditions of the hotel in question and any special cancellation conditions, if the customer has not made an online reservation independently.
The Partner is forbidden to create, or in any way be related to the creation of, any artificial traffic on the website of the Provider. "Artificial traffic" is a collective term used for artificially created clicks, leads and hotel bookings which have not been generated by an actual person but have been made, for example, by the automatic opening of intermediary links, cookie stuffing, cookie dropping (the automatic opening of one or more intermediary links in the non-visible area), clicks that have not been generated from a browser and clicks which do not originate from the actions of a unique visitor accessing a particular website. Commission is not credited for generating page views or impressions.
Clicks generated from activities that prompt the response from a user, such as the sending an SMS message, participation in a competition or in using a paid mail system, are only permissible with written approval from the Provider.
The Partner is expressly forbidden from using the search words (keywords) "hotel.de", "hotel.info" and "TravelRes" in any search engine (Google AdWords, YSM!, MIVA, etc.). This includes the extension of keywords with "www.", any misspellings and any variations in the aforementioned keywords (e.g. hotelde, hotelinfo, www.hotel). Furthermore when a Partner uses the term „hotel“ with the match option „broad“, „hotel.de“, „TravelRes“ and „www.hotel.info“ have to be set as negative.
Additionally hotel.de, hotel.info or TravelRes cannot be used as the display URL or as the display website address in any search engine advertisement. This also applies to the headline and the advertising text.
The Provider's XML interface can only be used in the website registered by the Partner. The current website of the Affiliate will be checked in advance by the Provider for suitability in this respect. To this end, the Affiliate must inform the Provider of all URLs through which the XML interface is to be used. The Affiliate undertakes to publish the data received from the Provider only utilising the reservation link generated by the interface. It is not permitted to display any information without the provision of a reservation link to the Provider. The data obtained via the interface may not be forwarded to third parties. The data supplied via the interface may not be cached. Lists and information supplied by the Provider for this purpose are excluded from this restriction. The Provider has no obligation to verify the information supplied through the XML interface. The customer undertakes to relieve the Provider from any claims by third parties relating to alleged or actual breach of the law.
The Partner is not allowed to evaluate hotel content (including guest reviews and ratings) from the Partner's website(s) and/or extract a copy and store such content (e.g. using Screen Scraping).
The Affiliate Programme is intended for use by website providers and travel agencies which act as intermediaries for their customers either on their own or on the account of others.
The Provider has the right to reject applications without stating reasons. This shall apply in particular to websites that promote violence, include pornographic content, violate cultural and religious beliefs, contain libelous, offensive, threatening, racist or discriminatory content or other illegal content or that include links to such websites.
8. Liability of the Provider
The Provider shall not be liable for any damage caused to the Affiliate as a result of the partial or complete failure of the pages of the Provider and/or the hotel database, with the exception of proven wilful intent or gross negligence. The Provider cannot guarantee the accuracy of the hotel content.
The hotel content, in particular text and image materials, made available to the affiliate by the aforementioned parties, is protected by copyright law and may not be used, reproduced or transferred to third parties in a manner contrary to this agreement.
The Affiliate undertakes to carefully verify all applicable laws and the rights of third parties and to commit no breach of these. Breaches of copyright law and/or infringements shall cause this Affiliate Agreement to be terminated.
10. Confidential information
Both parties to this Agreement undertake not to pass on confidential information that they receive from the other party to the agreement. In the context of this Agreement confidential information includes in particular, but is not restricted to, all technical and non-technical information including corporate secrets, software programs, financial information, marketing and sales strategies or customer data. This Agreement shall remain in force even after the end of the contractual relationship.
11. Special Conditions
The Provider reserves the right to make additions or modifications to parts of this Agreement at any time. The Affiliate shall be informed of any changes in writing by e-mail. The modification shall be deemed to have been accepted if the Affiliate does not terminate the Agreement in writing within a period of 30 days after publication of the modification.
Should any condition of this agreement be null and void or not possible to keep then the rest of the Agreement stays in force.
An invalid or non-enforceable condition must be replaced with a valid or enforceable condition which comes closest to the economic result of the condition to be replaced.
In the case of breaches of this Affiliate Agreement or of the General Terms and Conditions of the Provider, the Provider reserves the right to terminate the affiliation with the corresponding Affiliate with immediate effect. Termination shall be notified in writing. Transmission of messages by e-mail or fax is sufficient for requirements for the written form.
In the case of infringement of the arrangements, agreements, limitations, responsibilities and/or maintenance of the Partner Agreement by the Partner the Provider can undertake the following
Abrogate his (payment) responsibilities as in the contract
To not pay commission on any bookings and transactions made during the period of the infringement of the Partner Agreement
Apart from these conditions the Provider reserves the right to take legal action against the Partner in such instances.
12. Applicable Law
German law is applicable with the exclusion of all international and supranational contractual arrangements, especially the UN Law of Purchase. If the customer is registered as a trader, the customer should be a business person subject to the provisions of the German trading laws, a public law lawyer or a publicly constituted body then the sole place of jurisdiction of matters arising from contractual dispute - including international matters - is Nuremberg. This also applies when the Affiliate has their place of jurisdiction abroad. The Provider is, however, also permitted to place charges in the designated court of jurisdiction of the Affiliate in all cases.