MountVacation.com Affiliate Terms & Conditions
This document establishes the terms of the relationship between MountVacation.com
(Registered as OBS d.o.o a Slovenian company located Ulica Jožeta Jame
12, 1210 Ljubljana and the affiliate identified on the Affiliate Advertiser
Registration Form.
1. Background
1.1
MountVacation.com operates and maintains a website located at www.mountvacation.com.com
as well as other private label websites ("MountVacation.com
Websites") which market mountain accommodation and services throughout
Europe. MountVacation.com provides an instant online reservation service for MountVacation.com
website users.
1.2
The Affiliate operates one or more websites (collectively the "Affiliate Website(s)").
1.3
MountVacation.com and the Affiliate accept that the Affiliate will generate
visits on the MountVacation.com Websites. Those visits could be converted into holiday
reservations ("Bookings").
1.4
For each "Confirmed Booking" coming from the Affiliate Website(s), MountVacation.com
will pay a commission to the Affiliate (see Remuneration below).
1.5
In this agreement, the term "Revenue" refers to the deposit charged
by MountVacation.com to customers as a percentage of the booking retail price.
1.6
In this agreement, the term "Commission" refers to an amount
(excluding VAT) which will be paid by MountVacation.com to the Affiliate for
each "Confirmed Booking".
1.7
In this agreement, the term "Confirmed Booking" refers to a booking
that is not cancelled before the check-out date of the customer staying at a
hotel distributed by MountVacation.com and that has resulted in the actual
provision of an accommodation at a hotel.
Between
the Booking date and the check-out date, the Booking has a "pending"
status. At any time, if the Booking is cancelled, the booking status changes
from "pending" to "cancelled". If the Booking is not
cancelled before the check-out date, the booking is a "Confirmed
Booking".
1.8
By submitting the online Affiliate Registration Form, the Affiliate fully
agrees with the Terms of this Agreement. After receiving the Affiliate
Registration Form, MountVacation.com may accept or reject it at its sole
discretion.
2. Account Registration
2.1 The Affiliate must submit the Affiliate Registration Form and accept
the terms of this Agreement to participate in the Program.
2.2 Once the Affiliate has submitted the Affiliate Registration Form and
accepted the terms of this Agreement the Affiliate will have access to the
Affiliate’s Control Panel (Dashboard).
2.3 The Affiliate is responsible for ensuring that all of its account
information within the Affiliate’s Control Panel is accurate and up-to-date.
3. Affiliates
Obligations
3.1
The Affiliate will use MountVacation.com links, banners, coupon specifications ("MountVacation.com
Material") to promote MountVacation.com accommodation and services on the
Affiliate Website(s). The Affiliate has no right to modify, adapt or translate
MountVacation.com Material or to use MountVacation.com' logo without prior
written approval. Any changes or improvements made by the Affiliate with
MountVacation.com' approval shall also belong to MountVacation.com. Nothing in
this Agreement shall operate to transfer or assign from MountVacation.com to
the Affiliate any copyright, design rights, registered design rights, patent,
trademark or other intellectual property or rights in or relating to
MountVacation.com Material either before or after the termination of this
Agreement.
3.2
The Affiliate agrees not to communicate with any accommodation partner unless
the Affiliate and the partner have a contractual relationship at the date of
commencement of this Agreement.
3.3
The Affiliate agrees not to use Paid Search Marketing bidding on any text or
other material on the Internet or using any advertisement text including the
term MountVacation.com or confusingly similar terms or other trademark
belonging to MountVacation.com.
3.4
The Affiliate agrees not to register or acquire any Internet Domain Name including
MountVacation.com or confusingly similar terms or MountVacation.com Trademarks.
3.5
The Affiliate agrees not to make any copy of any part of the MountVacation.com
Websites on its own servers.
4. Promotional Content, Links and Tracking Code
4.1 MountVacation.com will provide the Affiliate with Promotional
Content through the Affiliate’s Control Panel (Dashboard) that will allow the
Affiliate to create banners that will enable the Affiliate to begin generating
Qualifying Bookings. The Affiliate may, with the consent of MountVacation.com,
make visual modifications to the Promotional Content as permitted by MountVacation.com.
4.2 The Affiliate must ensure that banners include the Tracking Code
provided by MountVacation.com. The Affiliate acknowledges that the Tracking
Code is necessary for the generation of Qualifying Bookings. The removal or
modification of Tracking Code from a banner will therefore interfere with the
Companies’ ability to track Qualifying Bookings. The Affiliate acknowledges
that MountVacation.com will not pay for such Qualifying Bookings.
4.3 The Affiliate agrees that all content provided by the
Mountvacation.com (including images, html code, and data) will only be used for
the purpose of promoting the Site and will remain the property of MountVacation.com.
The Affiliate will not use this content to directly promote the websites or
affiliate programs of Mountvacation.com competitors.
4.4 The Affiliate agrees that it will only use the Promotional Content
and the banners in a lawful manner and only in accordance with this Agreement.
Furthermore, the Affiliate agrees that it will not corrupt, modify, disable,
sell, redistribute, sub-licence or transfer the Promotional Content.
5. Commission
5.1 The Affiliate will earn a Commission from every Confirmed booking
that is generated from the Links. A Confirmed Booking is defined as one that
has been confirmed by the accommodation and the initial deposit has been paid
to MountVacation.com.
5.2 The Affiliate acknowledges that the Commission is not a percentage
or a static amount and that the Commission amount may vary for every Qualifying
Booking that is generated.
5.3
MountVacation.com will grant the Affiliate a commission for each Confirmed
Booking where the Affiliate is the last referrer, equivalent to a percentage of
the net profit for confirmed booking as validated on or after the departure
date for the confirmed booking. The commission will equal 5% of the total gross order value for any booking made through your affiliate link or ID.
5.4
At the end of each given calendar month, MountVacation.com will calculate the
Affiliate's commission to be paid to the Affiliate in Euro (€). On a monthly
basis, MountVacation.com will process the payment due to the Affiliate around
the 15th of each month, on condition that the amount due exceeds EUR
100.00 Should the Affiliate's accumulated commission be less than EUR 100.00 it
will be carried forward to a later stage and will be paid by MountVacation.com
to the Affiliate once the amount due exceeds EUR 100.00.
5.5
The commission payments will be made by bank transfer, using the bank account
details specified by the Affiliate in the Affiliate Registration Form.
MountVacation.com is not responsible for any bank charges that the Affiliate
may incur to receive these commissions via bank transfer.
5.6
MountVacation.com operates a "self-invoicing" system. Affiliates may
validate the commission due by logging into the Affiliate Control Panel
(Dashboard) on or before the 5th business day of each month to check and
validate the commission due. The Affiliate is responsible for checking the
amount due, and shall notify MountVacation.com of any errors within the end of
the current month. Should MountVacation.com not receive a written notification
from the Affiliate before the 15th of the month, the amount payable will be
considered as validated and accepted by the Affiliate and MountVacation.com
will process the payment, where applicable.
5.7
In the event the Affiliate is a private individual, then the commission stated
above in 5.3 -5.6 will be paid in the form of credit. This credit will be
credited against a voucher code that is only redeemable through
Mountvacation.com and can only be used on products and services supplied by
MountVacation.com
5.8 MountVacation.com agrees to ensure tracking of Qualifying Bookings
for the duration of up to 30
days from the date of the end user’s initial click
on a banner. The Affiliate will earn a Commission for any Qualifying Bookings
generated as a result of this returning traffic. This returning traffic is to
be tracked by means of an electronic cookie placed on the end user’s internet
browser. No Commission will be earned on Qualifying Bookings generated after
the electronic cookie is removed. No express or implied warranty is given for
the persistence or effectiveness of this electronic cookie.
5.9 Payable Commissions are inclusive of any and all taxes. The
Affiliate is responsible for any taxes that may be due on the services provided
to the Affiliate. In no case will any additional compensation be paid to the
Affiliate for taxes. If the withholding of any tax is required in respect of
any payment to the Affiliate, MountVacation.com will: withhold the applicable
amount from such payment; and pay such amount to the relevant authorities in
accordance with any applicable laws.
6. Affiliate’s Rights and Obligations
6.1 The Affiliate understands and agrees that this Agreement with MountVacation.com
is non-exclusive. MountVacation.com reserves the right to allow one or more
additional affiliates in the same geographic area.
6.2 The Affiliate agrees not to undertake any advertising and/or
marketing activities which can be misrepresented or misconstrued as having
originated from MountVacation.com or a Booking Provider. This precludes,
(without limitation): using MountVacation.com or a Booking Provider’s brand
name, or trademarks, or any of their logos, or any of their domain names in
Google Maps listings or search engine advertising (such as Google Ad words)
without prior written consent of MountVacation.com. The Affiliate is prohibited
from bidding on keywords in search engines that directly relate in any way to MountVacation.com
or a Booking Provider’s name. Affiliate agrees to suspend or remove immediately
any such advertising and/or promotion if instructed to do so by MountVacation.com.
Failure to do so may result in Affiliate’s account being terminated and any
Commission owing being forfeited.
6.3 The Affiliate undertakes to ensure that the Affiliate’s Site does
not include or have a direct or indirect link with sites which:
- have content of violent, racist, extremist or defamatory nature;
- offer content of a pornographic, erotic, religious or political nature;
or
- might be detrimental in any way whatsoever, to MountVacation.com or a
Booking Provider’s goodwill, brands, image or reputation;
6.4 The Affiliate undertakes to ensure that the Affiliate’s Site
complies with all applicable laws and regulations.
6.5 The Affiliate agrees not to engage in any Click Fraud.
6.6 The Affiliate will indemnify and hold MountVacation.com harmless
from all claims, damages, and expenses (including, without limitation,
attorney's fees) relating to the Affiliate’s breach of this Agreement and/or
the development, operation, maintenance, and contents of the Affiliate's Site.
6.7 MountVacation.com may withhold any commissions due to the Affiliate
if any of terms in 5.3 above are violated.
7. Disclaimer of Warranties and Limitation of Liability
7.1 MountVacation.com disclaims and excludes all warranties and
representations (express or implied) in relation to the Site, the Program
and/or the Booking Providers including without limitation any warranty or
representation in relation to:
- fitness for purpose;
- viruses or other harmful components;
- merchantable quality; or
- Non-infringement of third party rights.
7.2 Neither MountVacation.com nor the Booking Providers shall be liable
to the Affiliate in respect of any loss or damage (including for loss of
profits, wasted expenditure, anticipated savings, loss of goodwill, loss of
data or for any indirect, consequential or special loss or damage whether or
not the loss or damage was foreseeable or contemplated by MountVacation.com/Booking
Provider or whether or not MountVacation.com/Booking Provider was advised of
the possibility of such loss or damage) which the Affiliate may suffer or incur
in its participation with the Program or in respect of a failure or omission on
the part of MountVacation.com to comply with its obligations under this
Agreement.
7.3 Without limiting clauses 7.1 and 7.2, to the extent that MountVacation.com
is found to be liable to the Affiliate under this Agreement, such liability
shall be limited to the total of the Commissions paid to the Affiliate within
the immediately preceding twelve (12) month period.
8. Privacy
8.1 Any use by the Affiliate of an end user's information obtained
through the Program, personal or otherwise, for any commercial purpose or to
obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use
shall be deemed to be a violation of this Agreement. In particular, the
Affiliate agrees that it will not use information obtained through the Program
for chain letters, junk mail, spamming, solicitations (commercial or
non-commercial) or bulk communications of any kind including, but not limited
to, distribution lists to any person who has not given specific permission to
be included in such a list.
8.2 Without limiting clause 8.1, the Affiliate may send emails to end
users, with the end user’s prior consent, to market products and services to
end users who have purchased services through the Affiliate’s Site. The end
user must have the ability to unsubscribe to such solicitations and cease to be
a recipient of such e-mails. If the Affiliate does not comply with these
requests, MountVacation.com reserves the right to immediately terminate this
Agreement.
9. Intellectual Property
9.1 Upon completion of the Secure Partner Registration Form, MountVacation.com
grants to the Affiliate a revocable, non-exclusive, non-transferable,
worldwide, royalty-free licence for the duration of this Agreement, to display
Links in accordance with this Agreement and to use the Promotional Content to
facilitate the Affiliate’s participation in the Program. MountVacation.com
reserves all rights in the Links and the Promotional Content, including all
intellectual property rights.
9.2 Each party owns and retains all rights, title and interest in its
names, logos, trademarks, service marks, copyrights, patents, proprietary
features, and proprietary technology. Neither party shall copy, distribute,
reproduce, or use such proprietary items except as expressly permitted under
this Agreement.
9.3 The Affiliate authorises MountVacation.com’ use of the Affiliate’s trademarks
and business names provided through the Affiliate’s Control Panel to promote
the Program.
10. Confidential Information
10.1 During and after termination of this Agreement, the Affiliate must:
- keep all Confidential Information strictly confidential and not disclose
it to any third party without MountVacation.com’ prior written consent;
- only disclose Confidential Information to those of its officers,
employees or contractors who need to know and who have been expressly directed
to, and have agreed to, keep that information confidential;
- put in place and maintain adequate security measures to protect
Confidential Information from unauthorised access or use;
- immediately notify MountVacation.com of any suspected or actual
unauthorised use, copying or disclosure of Confidential Information, and
provide assistance as reasonably required by MountVacation.com in relation to
any steps or proceedings MountVacation.com may take as a result;
- not copy Confidential Information without MountVacation.com’ prior
written consent, and must mark all copies “CONFIDENTIAL”, or, where a notice of
proprietary rights and/or confidentiality appears on the Confidential
Information, ensure that those notices are reproduced on any copies;
- only use Confidential Information for the purposes of performing its
obligations under this Agreement; and
- Immediately notify MountVacation.com if it is required by law to
disclose any Confidential Information and provide assistance as reasonably
required by MountVacation.com if MountVacation.com wishes to defend or resist
that requirement.
11. Termination
11.1 The parties may terminate this Agreement at any time in their sole
discretion upon seven (7) days’ notice to the other party. If the Agreement
terminates pursuant to this clause, the Affiliate will be entitled to receive
payment for all Payable Commissions in accordance with clause 5 up until the
date of termination. Upon such termination, all Commissions that are below the
Minimum Threshold shall be forfeited by the Affiliate.
11.2 MountVacation.com may terminate this Agreement with immediate
effect, or suspend payment of Payable Commissions to the Affiliate if:
- the Affiliate breaches this Agreement and fails to remedy such a breach
within two (2) days of notice from MountVacation.com specifying the breach and
requiring it to be remedied;
- the Affiliate breaches this Agreement and the breach cannot be remedied;
- the Affiliate breaches this Agreement, causing negative impact on the
profitability or consumer goodwill of MountVacation.com or a Booking Provider;
- any step is taken to appoint a receiver, a controller, a liquidator, a
provisional liquidator, an administrator or other similar person of the whole
or any part of the Affiliate's assets, undertakings or business;
- the Affiliate is inactive with the Program for a period of six (6)
consecutive months;
- the Affiliate’s history indicates that the Affiliate’s Qualifying Bookings
are not resulting in actual bookings; or
- The Affiliate is suspected of engaging in Click Fraud.
11.3 If MountVacation.com elects to terminate this Agreement pursuant to
clause 11.2, all Commissions earned by the Affiliate that have not been paid to
the Affiliate shall be forfeited.
11.4 Upon termination of this Agreement, the Affiliate will remove all
content associated with the Program, including any Links, from the Affiliate’s
Site.
12 Amendments
12.1 MountVacation.com may amend this Agreement at any time with
immediate effect by posting the new agreement on the Site. The Affiliate will
be bound to the terms of the amended Agreement at the time it is posted on the
Site. If the Affiliate does not agree with any amended terms of this Agreement,
the Affiliate may elect to terminate the Agreement in accordance with clause
11.
13 General
13.1 This Agreement contains the entire understanding between the
parties and supersedes any and all oral or written agreements or understandings
between the parties as to the subject matter of this Agreement.
13.2 The Affiliate and MountVacation.com agree that the Affiliate is an
independent contractor for all purposes, and the Affiliate will be responsible
for his own withholding taxes, insurances, worker's compensation and all other
matters related to work.
13.3 This Agreement shall be governed, construed, and enforced in
accordance with the laws of Slovenia.
13.4 This Agreement shall not be assignable, except by operation of law,
by either party without the prior written consent of the other party, and any
purported assignment by either party without the prior written consent of the
other party shall be void.
MountVacation.com B2B Partner Terms & Conditions
This document establishes the terms of the relationship between
MountVacation.com and the B2B partner identified on the B2B Program Advertiser
Registration Form.
1. Background & Definitions
1.1 MountVacation.com operates and maintains a website located at
www.mountvacation.com as well as other private label websites
("MountVacation.com Websites") which market mountain accommodation
and services throughout Europe. MountVacation.com provides an instant online
reservation service for MountVacation.com website users.
1.2 The (Business to Business) B2B partner operates one or more travel
agencies or is a Tour Operator himself (collectively the "B2B partner
Website(s)").
1.3 MountVacation.com and the B2B partner accept that the B2B partner
will generate sales from the MountVacation.com Websites. Those sales translate into
holiday reservations ("Bookings").
1.4 For each "Confirmed Booking" from the B2B partner travel
agency, the B2B partner will pay Mountvacation.com the net price that has been
established with the B2B partner at the time of registration. The commission
received by the partner is detailed in clause 5 (see “Commission” below).
1.5 In this agreement, the term "Revenue" (Commission,
Provision or mark-up) refers to the difference between the amount charged by the
B2B partner after receiving its net prices by MountVacation.com and the final
total price of the product sold to the B2B customer.
1.6 In this agreement, the term "Commission" (or provision)
refers to the amount (excluding VAT), or the Mark-up value applied on top of
the net price, previously established between the (Tour Operator, Travel Agent
or Online Travel Agent (TO/TA/OTA) and Mountvacation.com. Once a booking is
“confirmed”, the profit generated above the net price is then represented by
the mark-up/commission.
I.e. Mountvacation.com confirms a net price previously agreed with the
B2B partner. The B2B partner will then establish their own Mark-up,
that they will add to the net price agreed with Mountvacation.com, which will
effectively represent the commission he will receive.
1.7 In this agreement, the term "Confirmed Booking" refers to
a booking that is not cancelled before the check-in date of the customer
staying at a hotel distributed by MountVacation.com and that has resulted in
the actual provision of an accommodation at a hotel.
Between the Booking date and the check-in date, the Booking has a
"pending" status. At any time, if the Booking is cancelled, the
booking status changes from "pending" to "cancelled". If
the Booking is not cancelled before the check-in date, the booking is then
shown as a "Confirmed Booking".
1.8 By submitting the online B2B Partner Registration form, the B2B
partner fully agrees with the Terms of this Agreement. After receiving the B2B Registration
form, MountVacation.com may accept or reject the application at its sole
discretion.
2. Account Registration
2.1 The B2B partner must submit the B2B Registration Form and accept the terms
of this Agreement to participate in the Program.
2.2 Once the B2B partner has submitted the B2B Registration Form and
accepted the terms of this Agreement the B2B partner will have access to the B2B
Partner’s Control Panel (Dashboard).
2.3 The B2B partner is responsible for ensuring that all of its account
information within the B2B Partner’s dashboard is accurate and up-to-date.
3. B2B Partners Obligations
3.1 The B2B Partner will use MountVacation.com integrated frame ("MountVacation.com
Material") to sell MountVacation.com accommodation and services in the B2B
TA(s). The B2B partner has no right to modify, adapt or translate
MountVacation.com Material or to use MountVacation.com' logo without prior
written approval. Any changes or improvements made by the B2B partner with
MountVacation.com' approval shall also belong to MountVacation.com. Nothing in
this Agreement shall operate to transfer or assign from MountVacation.com to
the B2B partner any copyright, design rights, registered design rights, patent,
trademark or other intellectual property or rights in or relating to
MountVacation.com Material either before or after the termination of this
Agreement.
3.2 The B2B partner agrees not to discuss MountVacation.com net rates with any accommodation partner unless the B2B partner and the partner have a contractual relationship at the date of commencement of this Agreement.
3.3 The B2B partner agrees not to use Paid Search Marketing bidding on
any text or other material on the Internet or using any advertisement text
including the term MountVacation.com or confusingly similar terms or other
trademark belonging to MountVacation.com.
3.4 The B2B partner agrees not to register or acquire any Internet
Domain Name including MountVacation.com or confusingly similar terms or
MountVacation.com Trademarks.
3.5 The B2B partner agrees not to make any copy of any part of the MountVacation.com Websites on its own servers unless given written approval.
4. Promotional Content, Links and Tracking Code
4.1 MountVacation.com will provide only after discussion with an affiliate manager the B2B partner with Promotional Content through the B2B
partner’s Control Panel (Dashboard) that will allow the B2B partner to create
banners that will enable the B2B partner to begin generating Qualifying
Bookings. The B2B partner may, with the consent of MountVacation.com, make
visual modifications to the Promotional Content as permitted by
MountVacation.com.
4.2 The B2B partner must ensure that banners include the Tracking Code
provided by MountVacation.com. The B2B partner acknowledges that the Tracking
Code is necessary for the generation of Qualifying Bookings. The removal or
modification of Tracking Code from a banner will therefore interfere with the
Companies’ ability to track Qualifying Bookings. The B2B partner acknowledges
that MountVacation.com will not pay for such Qualifying Bookings.
4.3 The B2B partner agrees that all content provided by
Mountvacation.com (including images, html code, and data) will only be used for
the purpose of promoting the Site and will remain the property of
MountVacation.com. The B2B partner will not use this content to directly promote
the websites or B2B programs of Mountvacation.com competitors.
4.4 The B2B partner agrees that they will only use the Promotional
Content and the banners in a lawful manner and only in accordance with this
Agreement. Furthermore, the B2B partner agrees that it will not corrupt,
modify, disable, sell, redistribute, sub-licence or transfer the Promotional
Content.
5. a. Commission
(Provision, Mark-ups)
- Mountvacation.com will provide
each B2B partner with an agreed set net prices that will be calculated according
to each B2B partner’s performance.
- The B2B partners will use that
net price as the basis upon which to charge their customers. The B2B partner
has then the full freedom to mark the net rates up so as to show a final price
to their customers.
- The Mark-up amount will then
represent the commission earned by the B2B partner for that particular booking.
- Multi currency prices are
automatically updated according to the current exchange rate and will always be
displayed in Euros (€).
Rates
are automatically displayed in Euro(€) according to the current exchange rate
from Bank of Slovenia. However MountVacation allows you to display the prices
in various currencies. Note that displaying other currencies than the Euro (€)
is for you information only. You will always be charged in €
- Once a booking has been
processed through the booking engine, you will receive an e-mail confirming the
booking and payments.
5. b. Booking
Process
- The prices provide
to the B2B partners are net prices. Therefore the B2B partner must first login
to their extranet account in order add the mark-up percentage before presenting
any displayed rates them to their customers. Note that failure to mark-up a net
rate will result in the B2B partner offering their customer the net price set
by Mountvacation.com and not the final public B2B price.
Therefore failure to mark the net prices up will result in a loss of
revenue (commission, provision).
- The booking process
is completed in three easy steps. However the B2B partner must keep in mind
that the prices displayed during the 3 stage booking process are net prices. The
must make a note of the final prices before proceeding with the booking
procedure.
- When making a
booking, the B2B partner is required to enter their e-mail address in the
appropriate field and not the customer’s details, as the invoices that
will be emailed out with the documentation will show the net price. It is up to
the B2B to provide an invoice to the customer with a copy of the travel
vouchers emailed to the B2B from Mountvaction.com.
- B2B partners charge
their customer the final amount includes the mark-up.
- The B2B partner
pays Mountvacation.com the net price previously established via wire transfer
or credit card at the time of booking . The Wire transfer option is only available
for bookings with a departure date of more than 14 days. For last minute
bookings or for bookings made within 14 days of the departure, then only
booking made using a credit card will be
allowed and charges to the card will be made immediately.
Payments are made by the B2B partner to Mountvacation.com as follow (2
options):
-For bookings than 30 days before the departure date: the B2B partner
pays 30% when booking and the remaining 70% 30 days before departure or
according to the instalment option chosen (note that even for payment due in
instalment, 30% will be immediately charged during the booking process)
-For booking made less than 30 days before the departure date: the B2B
pays 100% of the amount due when making a booking
6. B2B partner’s Rights and Obligations
6.1 The B2B partner understands and agrees that this Agreement with
MountVacation.com is non-exclusive. MountVacation.com reserves the right to
allow one or more additional B2B partners in the same geographic area.
6.2 The B2B partner agrees not to undertake any advertising and/or
marketing activities which can be misrepresented or misconstrued as having
originated from MountVacation.com or a Booking Provider. This precludes,
(without limitation): using MountVacation.com or a Booking Provider’s brand
name, or trademarks, or any of their logos, or any of their domain names in
Google Maps listings or search engine advertising (such as Google Ad words)
without prior written consent of MountVacation.com. The B2B partner is
prohibited from bidding on keywords in search engines that directly relate in
any way to MountVacation.com or a Booking Provider’s name. B2B partner agrees
to suspend or remove immediately any such advertising and/or promotion if
instructed to do so by MountVacation.com. Failure to do so may result in B2B
partner’s account being terminated and any Commission owing being forfeited.
6.3 The B2B partner undertakes to ensure that the B2B partner’s Site
does not include or have a direct or indirect link with sites which:
·
have content of violent, racist, extremist or defamatory nature;
·
offer content of a pornographic, erotic, religious or political nature;
or
·
might be detrimental in any way whatsoever, to MountVacation.com or a
Booking Provider’s goodwill, brands, image or reputation;
6.4 The B2B partner undertakes to ensure that the B2B partner’s Site
complies with all applicable laws and regulations.
6.5 The B2B partner agrees not to engage in any Click Fraud.
6.6 The B2B partner will indemnify and hold MountVacation.com harmless
from all claims, damages, and expenses (including, without limitation,
attorney's fees) relating to the B2B partner’s breach of this Agreement and/or
the development, operation, maintenance, and contents of the B2B partner's
Site.
6.7 MountVacation.com may terminate the contract with the B2B partner
with immediate effect if any of terms in 6.3 above are violated.
7. Disclaimer of Warranties and Limitation of Liability
7.1 MountVacation.com disclaims and excludes all warranties and representations
(express or implied) in relation to the Site, the Program and/or the Booking
Providers including without limitation any warranty or representation in
relation to:
·
fitness for purpose;
·
viruses or other harmful components;
·
merchantable quality; or
·
Non-infringement of third party rights.
7.2 Neither MountVacation.com nor the Booking Providers shall be liable
to the B2B partner in respect of any loss or damage (including for loss of
profits, wasted expenditure, anticipated savings, loss of goodwill, loss of
data or for any indirect, consequential or special loss or damage whether or
not the loss or damage was foreseeable or contemplated by
MountVacation.com/Booking Provider or whether or not MountVacation.com/Booking
Provider was advised of the possibility of such loss or damage) which the B2B
partner may suffer or incur in its participation with the Program or in respect
of a failure or omission on the part of MountVacation.com to comply with its
obligations under this Agreement.
7.3 Without limiting clauses 7.1 and 7.2, to the extent that
MountVacation.com is found to be liable to the B2B partner under this
Agreement, such liability shall be limited to the total of the Commissions paid
to the B2B partner within the immediately preceding twelve (12) month period.
8. Privacy
8.1 Any use by the B2B partner of an end user's information obtained through
the Program, personal or otherwise, for any commercial purpose or to obtain
direct financial gain (e.g. mass marketing) is prohibited. Any such use shall
be deemed to be a violation of this Agreement. In particular, the B2B partner
agrees that it will not use information obtained through the Program for chain
letters, junk mail, spamming, solicitations (commercial or non-commercial) or
bulk communications of any kind including, but not limited to, distribution lists
to any person who has not given specific permission to be included in such a
list.
8.2 Without limiting clause 8.1, the B2B partner may send emails to end
users, with the end user’s prior consent, to market products and services to
end users who have purchased services through the B2B partner’s Site. The end
user must have the ability to unsubscribe to such solicitations and cease to be
a recipient of such e-mails. If the B2B partner does not comply with these
requests, MountVacation.com reserves the right to immediately terminate this
Agreement.
9. Intellectual Property
9.1 Upon completion of the Secure Partner Registration Form, MountVacation.com
grants to the B2B partner a revocable, non-exclusive, non-transferable,
worldwide, royalty-free licence for the duration of this Agreement, to display
Links in accordance with this Agreement and to use the Promotional Content to
facilitate the B2B partner’s participation in the Program. MountVacation.com
reserves all rights in the Links and the Promotional Content, including all
intellectual property rights.
9.2 Each party owns and retains all rights, title and interest in its
names, logos, trademarks, service marks, copyrights, patents, proprietary
features, and proprietary technology. Neither party shall copy, distribute,
reproduce, or use such proprietary items except as expressly permitted under
this Agreement.
9.3 The B2B partner authorises MountVacation.com the use of the B2B
partner’s trademarks and business names provided through the B2B partner’s
Control Panel to promote the Program.
10. Confidential Information
10.1 During and after termination of this Agreement, the B2B partner must:
·
keep all Confidential Information strictly confidential and not disclose
it to any third party without MountVacation.com’ prior written consent;
·
only disclose Confidential Information to those of its officers,
employees or contractors who need to know and who have been expressly directed
to, and have agreed to, keep that information confidential;
·
put in place and maintain adequate security measures to protect
Confidential Information from unauthorised access or use;
·
immediately notify MountVacation.com of any suspected or actual
unauthorised use, copying or disclosure of Confidential Information, and
provide assistance as reasonably required by MountVacation.com in relation to
any steps or proceedings MountVacation.com may take as a result;
·
not copy Confidential Information without MountVacation.com’ prior
written consent, and must mark all copies “CONFIDENTIAL”, or, where a notice of
proprietary rights and/or confidentiality appears on the Confidential
Information, ensure that those notices are reproduced on any copies;
·
only use Confidential Information for the purposes of performing its
obligations under this Agreement; and
·
Immediately notify MountVacation.com if it is required by law to
disclose any Confidential Information and provide assistance as reasonably
required by MountVacation.com if MountVacation.com wishes to defend or resist
that requirement.
11. Termination
11.1 The B2B or Mountvacation.com may terminate this Agreement at any time at
their sole discretion upon seven (7) days’ notice to the other party.
11.2 MountVacation.com may terminate this Agreement with immediate effect if:
·
the B2B partner breaches this Agreement and fails to remedy such a
breach within two (2) days of notice from MountVacation.com specifying the
breach and requiring it to be remedied;
·
the B2B partner breaches this Agreement and the breach cannot be
remedied;
·
the B2B partner breaches this Agreement, causing negative impact on the
profitability or consumer goodwill of MountVacation.com or a Booking Provider;
·
any step is taken to appoint a receiver, a controller, a liquidator, a
provisional liquidator, an administrator or other similar person of the whole
or any part of the B2B partner's assets, undertakings or business;
- the B2B
partner is inactive with the Program for a period of six (6) consecutive
months;
- The B2B
partner is suspected of engaging in Fraud.
11.3 Upon termination of this
Agreement, the B2B partner will remove all content associated with the Program,
including any Links, from the B2B partner’s Site.
12 Amendments
12.1 MountVacation.com may amend this Agreement at any time with immediate
effect by posting the new agreement on the Site. The B2B partner will be bound
to the terms of the amended Agreement at the time it is posted on the Site. If
the B2B partner does not agree with any amended terms of this Agreement, the B2B
partner may elect to terminate the Agreement in accordance with clause 11.
13 General
13.1 This Agreement contains the entire understanding between the parties and
supersedes any and all oral or written agreements or understandings between the
parties as to the subject matter of this Agreement.
13.2 The B2B partner and MountVacation.com agree that the B2B partner is an
independent contractor for all purposes, and the B2B partner will be
responsible for his own withholding taxes, insurances, worker's compensation
and all other matters related to work.
13.3 This Agreement shall be governed, construed, and enforced in accordance
with the laws of Slovenia.
13.4 This Agreement shall not be assignable, except by operation of law, by
either party without the prior written consent of the other party, and any
purported assignment by either party without the prior written consent of the
other party shall be void.
14. Documents
A B2B Partner can upload their logo as an image within the “settings”
area. The picture has a predefined size that cannot be changed. Because of the
way our documents designed, the picture uploaded has a predefined size.
Subsequently, if you try to upload an image smaller or larger than within the
predefined size, it will automatically be resized.
All the documents, i.e. booking confirmations, payment reminders,
invoice and vouchers will be sent to the booking holder via email.
Booking Confirmation and invoices will be issued without any mark-ups
but solely with the net rates given through the system.
Vouchers do not show any price (rates), which means that your mark-ups
or earnings will not be visible to
the final client. If you upload your logo, then the voucher will be co-branded
and with your logo displayed on it. This voucher is the only document that a
customer should receive from MountVacation.com.com. MountVacation.com.com
voucher is the ONLY official document that a customer should present to the
service provider (accommodation or any other provider) in order to collect the
booked services. Without the MountVacation.com.com’ issued voucher,
MountVacation.com.com cannot guarantee the booked services to the final client.
The voucher will ONLY be
issued when full payment is received and processed. If MountVacation.com does
not receive payment from the B2B partner on time, it has then all rights to
cancel the booking (read more in clause 15 “Alterations and Cancellation made
by B2B partner”).
In case of non-payment by the B2B partner for any booking, no voucher
will be issued to the B2B partner. This in turns means that no services on the
destination will be booked.
15. Alterations and
Cancellation made by B2B partner
If the B2B partner
wishes to cancel a booking, the cancellation must be sent to MountVacation.com.com’
customer care into writing by post or by electronic mail, clearly stating their
intentions. We will only cancel the booking with the booked services on the day
we receive the communication. Cancellations are charged as a percentage of the
total cost (excluding any insurance premiums and partner fees). The
cancellations charges to be paid to MountVacation.com.com are calculated as
follows:
§ Your notice is received more than 56 days
before departure = 10% of the total booking value;
§ Your notice is received between 55 and 30 days
before departure = 30% of the total booking value;
§ Your notice is received between 29 and 15 days
before departure = 50% of the total booking value;
§ Your notice is received 14 days or less before
departure = 100% of the total booking value;
Name changes and/or
amendments are possible only after the final payment has been processed or when
the vouchers have been issue.
A €20.00 admin charge
applies for each alteration made to any booking.
Premiums for personal
travel insurance are not refundable.
Neither
MountVacation.com nor the accommodation provider is obliged to waive the
cancellation fees in case of bad weather, lack of snow or in instances where
MountVacation.com or the accommodation provider have no possibilities to have
an impact on them.
16. Cancellation
made by MountVacation.com
MountVacation.com can and will cancel a booking if the payments for that
particular booking are not received accordingly to the booking policy accepted
in the booking steps while making the booking.
MountVacation.com may cancel any booking in case of “force majeure”
without any compensation. A case of “force majeure” is called when a nature
disasters occurs, when there is no snow and in instances where the service
providers have cancelled their service without prior notice. In some occasions,
MountVacation.com.com will require a minimum number of bookings in order to
guarantee the service/s at the level and price offered. If the minimum number
of bookings is not achieved, MountVacation.com.com reserves itself the right to
cancel any booking without any additional compensation. However, you will
receive a full refund for the said booking.
17. Rates with
Partners
MountVacation.com.com does not control the rates on its platform. Every
accommodation and service provider has its own extranet that allows them to
change the rates online at any time. The contracts MountVacation.com.com hold
with its providers includes a rate parity clause which states that the
MountVacation.com.com public selling rate shall never be more expensive than
when booking directly from the accommodation or service provider.
18. Claims
All the content of MountVacation.com (description, photos, rates,
promotions, etc.) is controlled by the service provider. MountVacation.com is
not responsible for any wrongly displayed or any erroneous content in relation to the service
received, unless the error has occurred due to a technical failure on the
MountVacation.com’ platform.
All claims that a B2B partner would receive from their clients
on the service received on the destination has to be sent to MountVacation.com
customer care and they will be sent directly to the service provider. All other
claims that are not part of the content or services received on the destination
or have misleading content, are the full responsibility of the B2B partner.
Mountvacation.com is a business registered under OBS d.o.o, a Slovenian
company located Ulica Jožeta Jame 12, 1210