SimplyBotswana

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Terms of Service Agreement

AGREEMENT

 

entered into between

_____________________________

Name of the Operator/Company

And

E-tourism (Pty) Ltd (“E-tourism”)

On behalf of the Simply Botswana DMS Portal
Terms & Conditions for Transacting or Listing on the

 

Simply Botswana DMS Portal

 

Agreement Pre Amble:

 

Hospitality and Tourism Association of Botswana (HATAB) and E-tourism International (ETI) have embarked on an exciting project to implement Botswana’s first E-tourism initiative dubbed ‘Simply Botswana’. This private sector driven and lead initiative involves the development and implementation of a fully-fledged Destination Management System (DMS). This new system, which will take tourism in our country to a higher level in terms of global e-marketing and distribution. It will also enable visitors accessing www.simplybotswana.com to book their accommodation and a host of other tourism services online. Join us in learning more about this exciting venture and its opportunities for you. E-TOURISM and HATAB will provide you with the necessary background information and training to enable you to participate in the simply Botswana DMS portal.

 

  1. Basis of Understanding

 

 

1.1. Reservations and bookings made via the Simply Botswana Destination Management System Portal (SIMPLY BOTSWANA DMS Portal) represent a contract directly between your company and its products (“Operator”)  and the party requesting the booking (“Client”) and E-tourism International (ETI). The SIMPLY BOTSWANA DMS Portal acts as a re-seller of your products. E-TOURISM will sell available space on your behalf via the SIMPLY BOTSWANA DMS Portal and collect commissions using appropriate systems, including:

 

  1. Providing a helpline for any reservation queries.

 

  1. Provide a helpline for any assistance needed with regards to your company/product information on the Portal.

 

 

1.2. You will be given direct access to your information via a unique user id and password. You have the right to change your information at will and will be responsible for the accuracy of the information displayed on the SIMPLY BOTSWANA DMS Portal.

 

 

  1. Duration of agreement

 

 

2.1. This Agreement commences on the date of signature and will be effective for a minimum period of 3 years thereafter. Unless notified in writing 90 days before the anniversary it shall automatically renew for a further 1 year.

 

2.2. The company/operator may terminate this agreement by submitting such request in writing to E-TOURISM with no less than 60 days notice of such termination. After such termination renewed participation in the SIMPLY BOTSWANA DMS Portal may be exacted on the signing of a new agreement.

 

2.3. The termination of such agreement shall not preclude the payment of commissions to E-Tourism or bias any guests reserved space for such reservations made prior to the termination of the contract but fulfilled thereafter.

 

2.4 This agreement is not exclusive and the company operator can participate in other portals or marketing arrangements

 

 

  1. Rates and Availability

 

 

3.1. The company/operator shall ensure that all product availability represented on the SIMPLY BOTSWANA DMS Portal is available to guests whom have confirmed bookings made via the portal. Any changes to product availability must be entered onto the Reservation System. In the instance where E-TOURISM fulfils technology services on behalf of the company/operator/product owner (i.e. as in companies without computing systems and internet connectivity) changes to availability must be communicated in writing to E-TOURISM.

 

In the case of E-TOURISM fulfilling technology services, this notice must be supplied to E-TOURISM in writing, by the company/operator/product owner, at least seven (7) days in advance of such change taking place. E-TOURISM will ensure a 24 hour turnaround time for such amendment to reflect on the portal.

 

3.2. The company/operator/product owner shall ensure that all products represented on the portal are sold to clients at the rate represented on the portal at the actual time of the booking transactions having taken place. Any changes to rates must be entered into the Reservation System. In the instance where E-TOURISM fulfils technology services on behalf of the Property (as in  properties without computing systems and internet connectivity) changes to rates must be communicated in writing to E-TOURISM.

 

In the case of E-TOURISM fulfilling technology services, this notice must be supplied to E-TOURISM, in writing, at least seven (7) days in advance of such change taking place. E-TOURISM will ensure a 24 hour turnaround time for such amendment to reflect on the portal.

 

3.3. The SIMPLY BOTSWANA DMS Portal rates shall be the ultimate authority for any and all products booked on the SIMPLY BOTSWANA DMS portal. The price that is loaded on the Portal will be used for all reservations concluded including payment balances made by clients via the Portal or the call centre and all commissions payable will be calculated against this rate.

 

3.4. Correct product rates and inventory information displayed on the SIMPLY BOTSWANA DMS Portal are the responsibility of the company/operator (including quality assurance) and may be subject to verification by E-TOURISM or its duly authorized representatives.

 

 

3.5. E-TOURISM on behalf of the SIMPLY BOTSWANA DMS Portal will return all product availability that is loaded as immediately available to the company/operator upon written request by a duly authorized person(s) from the Property, any distressed inventory at a period not exceeding 30 days of expiry of such rooms.

 

3.6. The Company/operator may also decide to discount such distressed inventory directly on the portal.

 

3.7. In the case of E-TOURISM fulfilling technology services, this notice must be supplied to E-TOURISM at least two (2) days in advance of such change taking place. E-TOURISM will ensure a 24hour turnaround time for such amendment to reflect on the portal.

 

 

3.9. The minimum deposit for a booking will be equal to or greater than the E-TOURISM commission. The company/operator/product owner will be paid the remaining amount by E-TOURISM in the case where full payment has been made, within 7 days or any such reasonable time to be agreed between the parties or will collect the outstanding balance directly from the guest.

 

3.10. Any cancellation as a result of a duplicate booking or any cancellation by the company/operator/product owner resulting in the client not being accepted by the company/operator may result in the immediate termination of this agreement. The company/operator will also be liable for compensatory penalties to such client and the SIMPLY BOTSWANA DMS Portal.

 

 

  1. Payment

 

 

4.1. All commissions due to the SIMPLY BOTSWANA DMS Portal will be recovered from booked clients immediately upon the client confirming a booking on the portal. The systems associated to the portal will automatically detect the relevant deposit rate and generate a pro forma invoice for the final amount payable to the Company/operator.

4.2 It is the responsibility of all establishments owners to ensure that E-tourism has the correct bank details on record. Your Bank Details must be faxed to our Accounts Department on a company letterhead.  If this is a personal account, the account holder must fax the information to us in a formal letter and include his address, ID number and signature.
Should a change in ownership or bank account take place, E-tourism must immediately be notified so that old account details can be removed and updated with new ones.

Once the bank details have been uploaded you are sent an acknowledgement of changes made and can reverify the account details.

4.3. Commission amounts will be according to the package chosen by a client

 

4.2. This amount may not be altered in any manner by the company/operator unless ad hoc purchases were made by the client over and above the portals reflected booked rate at the time of transaction.

 

 

  1. Liquidated Damages

 

 

5.1. Actual damages sustained by partners in the SIMPLY BOTSWANA DMS Portal Project and its clients in the event that the company/operator fails to meet its obligations to provide reserved space to clients presenting valid vouchers will be extremely difficult to estimate. Operators who make double bookings on the Simply Botswana website will be charged our full commission on the booking value. While the operator legally responsible for resolving the double booking, Simply Botswana aims to keep the customer happy. We immediately try and source alternative accommodation and may also pay the difference between your double-booked quoted amount and the amount of the alternative accommodation, which shall be recovered from the operator and a 10% administration fee.Repeated double bookings of Simply Botswana clients will result in instant removal from our site.

 

  1. Property Services

 

 

6.1. The property shall provide, without additional charge, sufficient cleaning, trash removal, extermination and other regularly furnished services in accordance with customary standards equivalent to properties in the region in which the property is located. The Property shall make available its customary purchasable services to the Property guests at customary rates throughout the reservation period.

  1. Assignment

 

 

7.1. The company/operator shall not have the right to assign this Agreement without the prior written approval of E-TOURISM.

 

 

 

  1. Property and Guest Liability

 

 

9.1. E-TOURISM and its partners in the SIMPLY BOTSWANA Destination Management System will not under any circumstances be liable to the company/operator for the actions of, including no shows, or for any loss or damage caused by any client utilising the services of the company/operator .

 

 

  1. Authority

 

 

10.1. The company/operator hereby represents and warrants to E-TOURISM that:

 

(i) the company/operator has the authority to enter into this agreement, and,

 

(ii) the company/operator has obtained all consents, approvals and / or authorizations necessary to make this agreement binding .

 

  1. Force Majeure

 

 

11.1. The performance of this agreement by either party is subject to acts of God, war, government regulations, disaster, strikes, civil disorder, acts of terrorism, curtailment of transportation facilities or, other emergencies beyond the affected party’s control making it illegal or impossible or untenable to provide and or take up rooms for the purpose of accommodation. In the event that the performance of this Agreement is not possible by reasons of such force majeure (as outlined in this clause) neither party shall be deemed to be in breach of the terms of this agreement and affected room nights shall be terminated that: all affected room nights shall be deemed cancelled and no cancellation penalties shall be applied.

 

 

  1. Privacy Policy

 

 

12.1. Any personal information requested by the SIMPLY BOTSWANA DMS Portal is used only to process a reservation. Personal information will never be disclosed to any third parties.

 

12.2. All information gained and / or issues discussed with the company/operator will remain confidential at all times, unless the SIMPLY BOTSWANA DMS Portal Partners are required to divulge such information for claimed damages or other legal requirements.

 

12.3. E-TOURISM may from time to time, conduct customer surveys on the satisfaction of customers that have utilised the services of the company/operator as a direct result of a booking received from the Portal. Such surveys will be made available to the company/operator upon request. Results from surveys will be kept in confidence by E-TOURISM.

 

 

  1. Notices

 

 

13.1. All notices , demands, requests and other communications relating to this Agreement shall be in writing and shall be transmitted by hand delivery, fax or e-mail, addressed to:

 

If to E-TOURISM:

Suite 198 P/bag 00149,

Plot 50667 Unit 3B

Fairground Holdings Gaborone

Attention: David Kepaletswe

Fax: 3919905

Email: info@simplybotswana.com

 

 

 

If to the Property/Product owner:

_________________________________

_________________________________

_________________________________

_________________________________

Attention:________________________

Fax:_____________________________

Email___________________________

Signed this ………..……….day of………………………………………. 2008, at

 

……………………………………………………………………………………….

 

For and on behalf of the company/operator: ________________________________________ ( Signature)

 

 

Name: _____________________________ Designation: ________________________

 

 

 Signed this…..………..……day of………………………………………. 2008, at

 

………………………………………………………………………………………….

 

 

For and on behalf of E-tourism: __________________________________ (Signature)

 

 

Name: __________________________________Designation: _______________________________

Annexure A Packages

Package Description Booking channels Cost
Silver Member Provision of a webpage containing description of business and services, a logo/picture, contact details with clickable email. none P1200 + VAT
Gold Member ·         Your guests automatically request rates, availability, book and pay through our reservation engine or secure their bookings by making online deposit payments.

·         All changes to information are free and immediate.

·         Spam email and identity protection is built-in.

·         You are provided with full booking facilities including: unit level availability and rates, quote and booking processing and establishment maintenance.

·         You are also provided with Monthly reports, and statements and statement on request.

·         4 Page Mini website Search engine optimization

·         E-marketing services

 

 

Simply Botswana DMS portal

Call centre

The minimum commission charge is 15% or difference between your STO rate and Rack rate whichever is greater, including facilitation of deposit payment and funds deposited into your account

Please enlist my property on the following  DMS Portal Services Tier: (Please indicate by signing the appropriate column):

Silver Member Gold Member
Sign: Sign:
Print Name: Print Name:

 

Registration confirmation will be emailed to you.


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