The world embraces numerous vicinities that could colour your dreams with different shades. Find your paradise among those that would ease your mind off with freshest breeze and calm surroundings. Go and enjoy that experience that is worth a life time and would never leave your mind. Roomista is always by your side accompanying you with finding the best possible hotels that could indulge you during your voyage, so you won't miss your home for even a fraction of a second.
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The said party of the first part shall provide the said party of the second part with Room rates, which are less than or equal to the room rates offered by the said party of the first part through other online travel agent websites, enabling a user (Guest) to make a room reservation.
The said party of the first part shall ensure that the rate information entered into with the said party of the second part through the Hotel Central admin panel is accurate.
Reservations (room bookings) made by users (Guests) through the said party of the second part cannot be cancelled except for extraordinary conditions as defined by The said party of the second part such as Force Majeure Event.
The Rooms or Accommodation entered into by the said party of the second part through Hotel Central admin panel may be single, double, triple or quad occupancy and also it should be of the same or higher quality that is made available through other online travel agents or directly made available to users (Guests) by other means.
The Hotel shall ensure that correct information regarding extra persons relevant to above mentioned occupancies are entered through the Hotel Central Admin Panel of the said party of the second part.
3. Payment Collection/Remittance
A user (Guest) after making the appropriate Room bookings, shall be prompted to make a payment to confirm the room booking and the said party of the second part shall provide access to user to the secured Internet Payment Gateway to make the payment.
The said party of the second part may charge the paying Guest’s Credit Card the Advance Payment Value set by the Hotel of the said party of the first part System’s payment policy, which can be of certain percentage of the total Individual Room booking value or can be the full amount for each individual booking made by a guest in the system.
The said party of the second part may transmit electronically /through its Central admin panel the Guest’s name, arrival and departure dates, the Guest Credit Card number and Roomista’s Hotel Request number for each Individual Bookings.
At the end of Every month, the User(Guest) payments for all individual guest bookings collected by the said party of the second part shall be remitted to Hotels Bank account Less the “Booking service Fee” that the said party of the second part is entitled to collect.
4. Room Availability Assurance
As the Room Bookings made through the said party of the second part are pre-paid confirm bookings, the said party of the first part shall assure the availability of the rooms and occupancy confirmed through the bookings by the users of the said party of the second part system and confirmed by the said party of the first part at the time of booking.
In the event that the bookings made through the said party of the second part cannot be fulfilled for any reason, the said party of the first part shall immediately
5. Taxes and Fees
The said party of the second part shall update in its system the applicable government taxes and occupancy taxes, and store it in the database.
The said party of the first part shall provide the said party of the second part with updated tax information on a continuous basis and also provide correct calculation of any other Hotel compulsory Fees.
The said party of the second part charges the user (Guest) for the applicable taxes at the point of Room Booking confirmation and therefore the said party of the first part shall not charge them again and the said party of the first part may collect any other unique Hotel Fees from user (Guest) unless or otherwise notified by the said party of the second part.
6. Booking Cancellation and No-Show
The said party of the first part should ensure that Booking Cancellation and No-Show policies offered through the said party of the second part’s System, will be at least as favorable as any Booking Cancellation and Noshow Policies offered by the said party of the first part through its own or any third-party booking or distribution channels.
Subject to the terms and conditions of the cancellation policy of the said party of the first part, the said party of the second part reserves the right to cancel a Standalone Booking at any time. Except as may be made available to the said party of the first part by the said party of the second part the said party of the first part shall not cancel any Standalone Booking and shall not encourage guests to cancel Standalone Bookings.
Subject to the terms and conditions of Cancellation and No-Show policy, of the said party of the first part does not enter the Cancellation and No-Show policy into the said party of the second part default Cancellation and No-show policy of the said party of the second part shall apply.
The said party of the second part can be entitled to the Booking Service Fee Percentage of any penalty amounts charged to guests for no-shows, cancellations or similar booking modifications.
Either the said party of the second part or the said party of the first part shall be entitled to terminate this Online Travel agent service at any time and for any reason with prior notice.
In the event of termination of this online Travel Agent service, the said party of the first part shall honour, in accordance with these Terms and Conditions, all Room reservations made through the said party of the second part and also the commercial commitments prior to the effectiveness of such termination.
8. Other Hotel Responsibilities
The said party of the first part shall ensure that all the hotel personnel are well informed and familiar with the system of the said party of the second part and shall be responsible for any improperly handled user (Guest) of the said party of the second part.
If the said party of the second part is closed down its business due to renovation, sale of property etc, the said party of the first part shall ensure that all remaining future Room Bookings of the said party of the first part are honored by nearby Hotels of equal or Higher Quality.
In case of brand or management change of the said party of the first part, the same shall be informed to the said party of the second part in advance and the said party of the first part shall ensure that any advance payments, full payments for the said party of the second part future bookings are transferred over to the new proprietors or management and updated into the Central reservation and hotel management systems.
9. Other Roomista Responsibilities
The said party of the second part shall not charge any fee to register for Room Booking service.
The Hotels Star Level shall be determined by the said party of the second part at its sole discretion.
The said party of the first part shall provide star class rating available, if any, and its source to the said party of the second part.
Each party agrees to indemnify, defend, and hold harmless the other party and its successors, assigns, affiliates, directors, officers, employees, and agents from and against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of any third party claim related to (i) any death or personal injury, or any destruction of or damage to any real or tangible personal property, alleged to have been caused by or on behalf of the indemnifying party or its employees or agents, (ii) any infringement of a letters patent, a trade secret, or any copyright, trademark, service mark, trade name or similar proprietary rights conferred by statute, by common law, or by contract alleged to have occurred as a result of rights conveyed, materials provided, or work performed by or on behalf of the indemnifying party; or (iii) any use of Customer Data [As per the confidentiality agreement] by such party, other than as permitted by this Agreement.
Any party claiming indemnification pursuant to this Agreement will give the indemnifying party prompt written notice of any matters with respect to which this indemnity may apply, will give the indemnifying party full opportunity to control the response thereto and the defense thereof, and will provide reasonable cooperation and assistance in connection with the defense and/or settlement of the claim. However, the indemnified party may, at its own expense, participate in such defense and in any settlement discussions, either directly or through counsel of its choice.
11. Confidentiality Agreement
“Confidential Information” shall mean any information concerning any of the parties hereto (whether prepared by a party, its advisors or otherwise) or the performance of this Agreement which is or has been previously furnished to any party receiving such information (the “Receiving Party”) by or on behalf of a party in connection with the subject matter of this Agreement, including, but not limited to, any financial data, notes, summaries, reports, analyses or other materials derived in whole or in part from such information, and, if in writing, is either clearly marked “confidential” or the like or is otherwise identified to the Receiving Party to be non-public and confidential, or which the Receiving Party would reasonably expect to be considered confidential and non-public; provided, that notwithstanding any failure to so identify it, all financial reports, business plans, information regarding volumes or projections of a party or any information provided or discussed during a meeting of the parties in connection with the subject matter of this Agreement will be deemed to be Confidential Information. The term “Confidential Information” does not include information which (i) is already in the possession of a Receiving Party prior to disclosure by the party disclosing such information (the “Disclosing Party”), provided that such information is not known by such Receiving Party to be subject to another confidentiality agreement with or other obligation of secrecy to the Disclosing Party or another party, or (ii) becomes generally available to the public other than as a result of a disclosure by a Receiving Party, its employees, agents or advisors, or (iii) becomes available to a party from a source other than the Disclosing Party or its advisors, provided that such source is not known to be bound by a confidentiality agreement with or other obligation of secrecy to such Disclosing Party with respect to such information, or (iv) which may be used or disclosed by any party pursuant to the express provisions of this Agreement.
Each party hereby agrees that the Confidential Information will be used solely in connection with the performance of this Agreement, and that Confidential Information will be kept confidential by each party. Notwithstanding the foregoing, (i) any such information may be disclosed to a Receiving Party’s partners, employees, officers, directors, advisors and the representatives of its advisors (collectively, “Representatives”) who are involved in the negotiation or performance of this Agreement and need to know such information for the purpose of evaluating issues relating to this Agreement (it being understood that a Receiving Party’s Representatives shall be informed by the Receiving Party of the confidential nature of such information and shall be directed by the Receiving Party to treat such information confidentially), (ii) Confidential Information may be disclosed pursuant to subsection (c) below, and (iii) any disclosure of Confidential Information may be made to which the Disclosing Party consents in writing.
Each party agrees to be responsible for any breach of this Agreement by its Representatives. If any Receiving Party or any of its Representatives are requested or required (by deposition, interrogatory, request for documents, subpoena, civil investigative demand or similar process) to disclose any of the Confidential Information, it shall provide the Disclosing Party with prompt prior written notice of such requirement so that the Disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the terms of this Agreement. If such protective order or other remedy is not obtained or such Disclosing Party waives compliance with the terms hereof, the Receiving Party agrees to furnish only that portion of the Confidential Information which Receiving Party is advised by its counsel is legally required and to exercise its reasonable efforts to obtain assurances that confidential treatment will be accorded such Confidential Information.
In addition, without the prior written consent of each other party, each party agrees not to, and will direct its Representatives not to, disclose to any person any of the terms, conditions or other facts with respect to the terms of this Agreement, except (i) to confirm that such party is a party to this Agreement, and (ii) as may be necessary or advisable, in confidential communications with third parties, in order to proceed with the obligations of either party pursuant to this Agreement.
Each party agrees that the other party shall be entitled to equitable relief, including injunction, in the event of any breach of the provisions of this Agreement and that each party shall not raise as a defense or an objection to the request for or granting of such relief that any breach of the provisions of this Agreement is or would be compensable by an award of monetary damages.
Neither party nor any of its Representatives have made or make any representation or warranty as to the accuracy or completeness of the Confidential Information. Neither party nor any of its Representatives shall have any liability to any party or any of its Representatives resulting from the use of the Confidential Information.
12. Customer Data
13. Press Releases
Neither party shall issue or permit the issuance of any press release or other public statement regarding this Agreement or the parties’ relationship without the prior approval of the other party.
Capitalized words used but not defined herein have the meanings described in the HP Contract. Room “Cancellation” means A Guest who has booked a room or rooms notifies in advance that they no longer wish to stay there. This cancellation will be subject to Your Room Cancellation Penalty Policy where applicable.
“No-Show” means A Paying Guest who fails to show up for a reserved room without notifying the hotel of the Cancellation. He or she is usually charged for one night's room charges.
“Roomista” means, the following entity, as applicable to the type of bookings and relevant hotel geography noted: for Room Bookings: Roomista Private Limited a Sri Lankan limited liability company. You agree the foregoing definition may be updated from time to time at Roomista’s sole discretion, with prior notice to You.
“Roomista Hotel Central” means the Roomista hotel admin Interface, a rate sheet, or any other proprietary interface acceptable to Roomista and utilized by You to enter all Rates, availability, applicable Tax rates, Hotel Fees, Property and Room Information, cancellation and no show policies, and/or to modify Your account information and preferred payment and notice practices, into the Roomista System. Use of any proprietary interface will not reduce or otherwise modify Your obligations under this Contract. You agree that any direct connectivity functionality implemented for You shall be governed by the terms and conditions of the terms and conditions provided herewith and, as updated from time to time by Roomista.
“Roomista System” means the software, databases, products, and other components that make up the services marketed by Roomista and/or any of its Affiliates to enable guests to shop for, reserve, book, and/or pay for travel and/or accommodation and related services through a computer, telephone, other interactive device, or other booking channel.
“Force Majeure Event” means an unforeseeable act or event beyond that Party’s reasonable control, such as war, work stoppage, fire, weather events, air carrier interruption, death etc. or act of government; provided, that a Force Majeure Event does not include economic hardship, changes in market conditions or insufficiency of funds etc.
“Hotel Fees” means all mandatory fees, costs or charges imposed by You on guests (other than the Room Rates and Taxes) that such guests must pay in order to stay at the Property, including without limitation resort fees and extra-person charges (to the extent not already included in the Room Rate), whether collected directly by You or not. Hotel Fees do not include fees, costs, Taxes or charges for services or amenities included in the Room Rates or for any additional optional services or amenities that guests choose to pay for (e.g., room service or spa appointments) or any service charges or other fees Roomista may charge to guests.
“Materials” means all text, graphics, and animation, audio and/or digital video components that reside on or are accessible from or through the Roomista System.
“Party” or “Parties” means You and Roomista, individually or collectively, as the case may be.
“Property” means the hotel, inn, resort or other accommodation at which Your rooms are located.
“Property and Room Information” means all information, including availability information, photographs, trademarks, names, trade names, logos, descriptions, and other content or material (a) provided by You, (b) entered into Roomista Hotel Central by You, (c) displayed or otherwise made available by You on Your website(s) or any third-party or social networking site, or (d) otherwise obtained by Roomista or any of its Affiliates with Your knowledge and/or consent.
“Rate” or “Rates” means the amount paid or payable by a guest in respect of the relevant room, not including any Hotel Fees or Taxes. For purposes of calculating Booking Service Fee, Rates also includes applicable taxes.
“Rate Plan” means the applicable Rate and associated booking conditions, including Hotel Fees, attached to each relevant room type.
“Room Booking” means a booking for a room made by a guest through the Roomista
“Tax” or “Taxes” means value-added tax or any other sales, turnover or transaction-based tax in any country, state or locality.
“You” or “Your” means collectively, the Property, the Property's owner and, if applicable, the entity managing the Property on behalf of the Property's owner.