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STRATEGIC PARTNERSHIP AGREEMENT PARTIES: 1. BOOKING.COM B.V., a company incorporated under the laws of the Netherlands and having its registered seat at Herengracht 597, 1017 CE Amsterdam, the Netherlands ("Booking.com"), and 2. [__], a company incorporated under the laws of [__] and having its registered seat at [___] (the "Partner"). WHEREAS: (i) Booking.com operates an online accommodation reservation system (the "System") through which participating Accommodations can make their rooms available for reservation, and through which visitors can make reservations at such Accommodations (the "Service"); (ii) Booking.com maintains and exploits its own websites, apps, platform, tools or other devices (collectively the "Booking.com Platform"), and also provides the Service and links to the Service on the websites, apps, platform, tools or other devices of third parties; (iii) the Partner owns, controls, hosts and/or operates one or more websites, apps, platform, tools and/or other devices; (iv) the Partner and Booking.com wish to make the Service available on the Partner Platform for the customers and visitors of the Partner Platform(s) and in such form and on such terms and conditions as set out in this Agreement. HAVE AGREED AS FOLLOWS: 1. DEFINITIONS AND INTERPRETATION 1.1 In this Agreement, save where the context otherwise requires or the Agreement otherwise provides, capitalised words and expressions shall have the meanings given to them in Appendix 1. 1.2 This Agreement is not intended, nor should anything herein or in any of the arrangements contemplated herein, be construed, to create a joint venture or the relationship of partners, partnership or principal and agent between the Parties. Neither Party shall act, or be construed to act, as the agent of the other. 1.3 The Partner shall not publish anywhere on the Partner Platform(s) any statement that the website is part of, endorsed by, or an official website of Booking.com. 2. SCOPE OF THIS AGREEMENT 2.1 Subject to the terms and conditions of this Agreement, the Partner shall operate as a non-exclusive distributor (partner) of Booking.com. 2.2 For the term of this Agreement, Parties have agreed that the Service shall be made available by Booking.com to the Partner as set out in Appendix 2 (i.e. Link, Micro Site or XML) and on the website(s) as set out in Appendix 2 (i.e. the Partner Platform(s)). In the event that the Service is made available through XML, Appendix 3 shall also apply. 2.3 The Service shall include customer services to and for the benefit of the Guests. All customer service related issues and questions in respect of the Service will be handled by Booking.com. 2.4 When a booking is made by a visitor on the Partner Platforms through the System, Booking.com shall be solely responsible for the transmission of the relevant reservation details from the website visitor and (sending of) the subsequent (email) confirmation to the Guest. 2.5 Parties agree and acknowledge that Booking.com (i) is not and shall not (nor cannot be) regarded as a travel agent, tour operator, package provider or a sub (travel) agent of the Affiliate, (ii) when rendering the Service (a) Booking.com is not and shall not be regarded as a travel agent, tour operator, package provider or a (sub) (travel) agent of the Partner, (b) Booking.com shall not be liable for any damages, losses, claims, fines, liabilities, costs or expenses suffered, paid or incurred by the end users or the Partner with respect to any of the (packaged) services the Partner provides or makes available to the end users, and (c) Booking.com shall not be liable for any damages, losses, claim, liability, costs or expenses suffered, paid or incurred by the end users or the Partner arising out or pursuant to any travel agent liability (or alike), and (iii) is not active in, familiar with or involved in the travel agent or tour operator (packaging) industry and/or practice, including the applicable rules, regulations and practices under any applicable or relevant law. Booking.com shall only be responsible for the facilitation of the reservation process. 2.6 Insofar applicable, the Partner hereby (a) assumes, indemnify, takes over (from Booking.com) and accepts all liabilities, claims, damages, costs, obligations, covenants and undertakings which are applicable to, binding on or relevant for the Partner (whether acting as (independent) travel agent, tour operator, package provider or acting in any other similar capacity) and its contracting parties (suppliers/subcontractors), pursuant to or under any (mandatory) law, court order, this Agreement or otherwise in respect of acting as or operating as a travel agent, tour operator or package provider, and (b) assumes and shall be responsible for compliance by the Partner (including its other suppliers and business partners) with all applicable rules, regulations and practices under any applicable or relevant law in respect of acting as or operating as a travel agent or tour operator or package provider. For the avoidance of doubt, Parties agree that Booking.com will not be responsible and liable for its own and the other Party’s failure to comply with applicable (local) legislation and regulations in respect of acting as or operating as a travel agent, tour operator or package provider. 3. LICENSE 3.1 Subject to Clause 4.4, Booking.com hereby grants the Partner a non-exclusive, revocable, limited, royalty free and worldwide right and license (or sublicense as applicable): (a) to display such elements of the Booking.com Data as provided or made available by Booking.com to the Partner, and (b) to promote and market the Service subject to the terms set out in this Agreement. 3.2 The Partner hereby grants Booking.com a royalty free, non-exclusive and worldwide right and license: (a) to incorporate, integrate, include and display the Link, the Micro Site and/or the Connection (as applicable) on the Partner Platform(s), and (b) to make the Service available on the Partner Platform(s). 3.3 Unless agreed otherwise in writing by Booking.com, the Partner shall not be entitled to sublicense the rights granted to it under Clause 3.1 including the methods of connection, whether via a hyperlink or XML. As such it shall not sell, use, disclose or disseminate the Booking.com Data (whether through an i-frame, xml connections or otherwise) to (i) any third party for price/availability comparison purposes or otherwise, or (ii) any (meta) search engine (e.g. Google, Bing, Yandex etc) or similar. 4. COVENANTS AND UNDERTAKINGS 4.1 General covenants, undertakings and obligations 4.1.1 Booking.com will provide the Partner with a unique link to a secured website (extranet) of Booking.com (the "Secured Website"), user ID and password which allows the Partner to monitor the booking of Accommodation through the Partner Platform(s). The Partner shall safeguard and keep the user ID and password confidential and safely stored and not disclose it to any person other than those who need to have access to the Secured Website. The Partner shall immediately notify Booking.com of any (suspected) security breach or improper use. 4.1.2 The Partner agrees not to take, or omit to take, any action which may affect Booking.com's relationship with the Accommodations available on the Booking.com Platforms. Activities that are deemed to impact this relationship include: (i) anything that may cause Booking.com to be excluded from the process of booking; (ii) speaking negatively or detrimentally about Booking.com with regard to Accommodations; (iii) doing anything that may cause an Accommodation to terminate its contract or reduce its dealings and business with Booking.com; (iv) communicating directly with any Accommodations in respect of bookings made through the System, and (v) making bookings or reservations through the System with the purpose of reselling to or for the benefit of a third party. 4.1.3 The Partner shall diligently maintain the content of the Partner Platforms and shall keep the Partner Platform(s) up-to-date and accurate. The Partner shall promptly correct any errors or omissions on the Partner Platform(s) after becoming aware of such errors or being notified by Booking.com. 4.1.4 The Partner shall not programmatically evaluate and extract information (including guest reviews) from any part of the Booking.com Platform (e.g. screen scrape). 4.1.5 The Partner agrees and acknowledges that the restrictive covenants undertakings, and restrictions set out in this Clause 4 are of material importance to Booking.com, in particular for the protection of (i) Booking.com’s goodwill (ii) Booking.com Intellectual Property Rights, and (iii) Booking.com’s product, service and reputation. Furthermore, the Partner agrees and acknowledges that all covenants, undertakings, and restrictions set out in this Clause 4 shall (a) be promptly, and diligently complied with, and (b) also apply in respect of the companies within the Partner Group. 4.1.6 Parties agree and acknowledge that in the event of an (alleged or threatening) infringement or breach by the Partner of its obligations under this Clause 4, the burden of proof is carried by the Partner. 4.2 Goodwill and brand protection 4.2.1 The Partner undertakes that the Partner Platform(s) (including all other websites, apps, platforms, tools or other devices (directly or indirectly) is owned, controlled, managed or hosted by the Partner), in particular in respect of: (a) the look and feel in respect of the color scheme, the composition, the typefaces, the design and the layout; (b) any logo(s) used on the Partner Platform(s) (including those within the Partner Group); (c) features and elements that are unique to the Booking.com Platform, is/are (and shall remain) sufficiently and substantially distinct from the Booking.com Platform(s) (to be determined by Booking.com at its sole discretion). The Partner shall promptly comply at its own costs with any reasonable requests from Booking.com to make changes, alterations or amendments to any aspect or element of the Partner Platform(s) which is or can be regarded to be confusingly or significantly similar to any element of the Booking.com Platform. 4.3 Intellectual Property Rights 4.3.1 The Partner acknowledges that Booking.com and/or its licensors shall retain ownership of all rights, title and interest in and to all Intellectual Property Rights of Booking.com or those embodied in the Booking.com Platform (including the Content). 4.3.2 The Partner shall not (directly or indirectly) integrate, combine or otherwise make the Booking.com Data (or any part thereof) available with its own content and/or the content of any Booking.com Competitor. The Partner shall not amend, alter, modify, or create derivative works based on or derived from the Booking.com Data. Booking.com Data shall only be used to enable the Service. Upon termination or expiration of this Agreement, the Partner shall destroy, delete or upon first request of Booking.com return all Booking.com Data (including all hard and soft copies). 4.3.3 The Partner shall not (directly or indirectly) register, acquire or obtain Internet domain name(s) which incorporates any word or words which are identical, or confusingly or substantially similar to "Booking", "Bookings" or any variations, translations or misspellings thereof, included as part of the address. 4.4 Promotion and marketing 4.4.1 During the term of the Agreement, the Partner agrees and warrants that it shall not conduct, undertake, use, perform (a) Paid Search or SEM activities, (b) any activity to unfairly influence the results of Third Party Platforms, or (c) any other form of online targeted advertising (whether directly, indirectly, or via or through Third Party Platforms) in respect of: (i) the Booking.com Platform; (ii) the Booking.com Data; (iii) the Booking.com Brands; (iv) the Accommodation Brands (unless the owner of such Accommodation Brand has given its prior written consent to the Partner for the use of that specific Accommodation Brand). Clause 4.4.1 in respect of paragraph (i) up to and including (iii) shall survive termination of this Agreement. 4.4.2 The Partner shall not use, exploit or otherwise employ, directly or indirectly, any Third Party Platforms, to seek to avoid or circumvent its covenants, obligations or restrictions under this Agreement. The Partner shall avoid all forms of trickery when promoting and marketing the Partner Platform. If the Partner is perceived to be jeopardising Booking.com’s own position, brand or goodwill in/on Third Party Platform or elsewhere, through any underhand promotional or marketing techniques, the Partner shall upon first request of Booking.com cease and desist such activities. 4.4.3 In the event that Booking.com (Platform) is detrimentally linked to promotional or marketing activity by the Partner (Platform), the Partner agrees to promptly comply with the reasonable requests of Booking.com to remedy. During any remedial period Booking.com shall be entitled to postpone its obligations under this Agreement (including the offer of the Service, System and the Booking.com Data) or immediately terminate this Agreement. 4.5 Similar names 4.5.1 In the event that the Partner has or uses a (domain or application) name (confusingly) similar to the Booking.com Brands (the "Similar Name") for the Partner Platform(s), the following applies. The Partner shall not, directly or indirectly: (a) bid on or purchase internet placement rights for the Similar Name or any part or similarities thereof in any manner in any of its advertising or marketing. (b) drive traffic to the Similar Name through the use of translation or misspelling variants of the (domain/app) name, whether done through use of meta data (tags, titles, descriptions) or keyword bidding. 4.5.2 In respect of Similar Names other than the Partner Platform, Parties have agreed that such Similar Names shall not actively be available or used or online for whatever purpose. 4.6 Price Comparison 4.6.1 In the event that the Partner offers Price Comparison on a relevant Partner Platform(s) as set out in Appendix 2, the Partner shall solely be granted access to the rate(s) and availability data of relevant Accommodations (collectively, the "Rates and Availability Data") via a direct connection to the Booking.com web-servers (i.e. via a XML). The Rates and Availability Data will be made available in accordance with the terms and conditions of the XML Guidelines (attached as Appendix 3, if applicable). The XML Guidelines shall form an integral part of this Agreement and must be read in conjunction with this Agreement. No Booking.com Data is to be used, copied or referred to. 4.6.2 When offering Price Comparison, the room rates must be compared fairly and with equal favor, in terms of ranking, to all Booking.com Competitors. Rates made available by Booking.com Competitors must be accurate, correct and not misleading (at least match the relevant prices made available on the websites, apps, platform, tools or other devices of the Booking.com Competitors) and comply with the relevant applicable laws. 5. COMMISSION AND PAYMENT 5.1 Booking.com will pay the Partner for each Materialised Transaction the Commission calculated over the Transaction Fee, by using a percentage of the total transaction value for the number of Materialised Transactions, in accordance with the following table (the "Percentage Total Transaction Value”):
|Materialised Transactions per month||Percentage Total Transaction Value|
|more than 50||6%|
|more than 150||7%|
Inspire your customers and increase your income
The Travel Agents Program connects you to the world’s most popular online booking platform – 1,534,024 properties and counting! With so many accommodation options, it’s easy to find your customers the perfect place to stay.
With our all-in-one program, you can easily make bookings on behalf of your customers and earn commission while you're doing it.
Whether you’re an independent travel agent or part of an association, setting up your partner account is hassle-free. Join us today to start enjoying all the benefits of being a Booking.com partner!
With tons of ever-growing accommodation options at your fingertips, you can match your customers with the perfect properties – the possibilities are endless.
No Setup Costs
You’ll also be happy to hear that there aren't any installation fees when joining this program. With no risk involved, it’s all about bringing benefits to your business.
Plans change, we get that. That’s why a growing number of our properties offer you the flexibility of free cancellations.
For specific properties, you can pay the reservation in advance. The customer then pays you directly, and your company account is charged.
We like things uncomplicated, so that means you have a smooth, user-friendly program. Also good to know, your customers will be able to contact our dedicated support team – the agents speak more than 40 languages and counting!
On top of smart tools and products, we also give you access to our inspirational travel guides! Written by frequent travelers, they’re full of helpful hints and tips.