TERMS AND CONDITIONS OF USING AGENCY BOOKING SERVICES
Concluded between Beontrips online travel agency operator, Beontrips Ltd. (hereinafter referred to as the “Beontrips”), a Limited Liability Company registered in the Register of Companies under No. 01-09-288415, with the registered office at 1103 Budapest, Kőér utca 2/A, Building C, in Hungary, tax number: 25480887-2-42, registered as a tour operator under No.: U-001757) and travel agency registered for the Agency Booking Site (hereinafter referred to as the “Client“).
The contract between Beontrips and the Client shall not be construed as an agency appointment and the Client must not act on behalf of Beontrips, must not call itself “General Sales Agent” and other denominations (such as but not limited to consignee or authorized sales agent) that may suggest that Client is an office of Beontrips or an agency owned by Beontrips or is engaged by Beontrips for the purposes of selling travel services as an agent or as any other affiliated entity.
1. TERMS AND DEFINITIONS
“Agency Booking Site” means a special booking service provided by Beontrips that enables for travel agencies registered for such service to book travel packages for the purpose of reselling it to its customers who will become the end user of the services.
“Confirmation” means the documents issued by Beontrips to the Agency (i) after the booking is made or (ii) Beontrips to verify acceptance of alterations subsequently made by the Agency regarding a confirmed booking.
“Data Protection Policy” means the policy on the Website, that regulates personal data management by Beontrips, in particular policy informing on how Beontrips collects, uses and discloses the Traveller’s personally identifiable information (“personal data”) provided to Beontrips by the Agency. Beontrips is a data controller of the Traveller’s personal data and processes it pursuant to terms and conditions specified in the Data Protection Policy.
“List of Service Fees” means the Beontrips service fees applicable for the booking and modifications of the Travel Services as published on the Agency Booking Site.
“On-line Agency Registration” means the supplying data through the Website by the Client to set up an agency account according to the Terms and Conditions of Use hereunder. Confirmation of registration will be sent via e-mail by Beontrips, including User name and password.
“Service Provider” means a third party service provider other than Beontrips, to render the services included in the Travel Services or a part thereof in accordance with the Travel Agreement.
“Total Fee” means the price to be paid as consideration for all the services provided by Beontrips including services provided by Service Providers to the Traveller under the Travel Agreement, including the rates paid for passenger transport, accommodation and additionally the costs of other services stipulated in the Travel Agreement.
“Travel Agreement” or “Contract”: means travel agreement made between the Agency and Beontrips, with the scope and content defined in the (i) Confirmation, (ii) these Terms and Conditions of Use, (iii) the Data Protection Policy, (iv) the List of Service Fees and (v) Terms and Conditions of Air Carrier, if applicable.
“Traveller” or “Travellers” means the person referred to as passenger in the travel booking and who will use the Travel Services.
“Travel Services” means the subject matter of the Travel Agreement, including passenger transport and accommodation as well as a travel package including all other related services such as transfers, excursions or such other services as is available for booking on the Agency Booking Site from time to time.
“Website” means beontrips.com and any of its subdomains.
2. SCOPE OF APPLICATION
i. These Terms and Conditions of Use shall govern the purchase of Travel Services on the Agency Booking Site in a state effective on the date when the booking is made.
ii. In the course of using the Agency Booking Site, Beontrips provides intermediary services of the Travel Services that Client books and pays for on the Agency Booking Site and shall include the request for availability, booking and confirmation of Travel Services. Client shall use the Agency Booking Site subject to the Terms and Conditions of Use hereunder and shall make reservations and bookings to the Travel Services subject to this Terms and Conditions of Use.
iii. In addition to these Terms and Conditions of Use, Service Providers have their own terms and conditions applicable to their products and services. Beontrips endeavours to make available the essential booking and usage conditions of the Service Providers during the booking process on the Website. Before concluding the Contract, these Terms and Conditions of Use, the Terms and Conditions of Air Carriers and other Service Providers (if any) and booking and usage conditions are recommended to be read carefully. Clients are further recommended to check any specific conditions directly with the relevant Service Providers.
iv. The use of the Agency Booking Site is limited to FIT bookings and as such our database inventory is protected against any other unauthorized use. The blocking of multiple accommodation rooms with unconfirmed names, ensuing name changes or cancellation within 45 days of arrival is prohibited. Should any such blocks be detected, Beontrips reserves the right to deny and cancel such bookings and charge the Client the cancellation fee as defined in the List of Service Fees.
v. The Client authorizes Beontrips to disclose consumer’s information to third parties for the sole purposes of completing the consumer’s booking, associated administration and claim and incidents management. Any data thus collected on the Agency Booking Site may be transmitted, according to the EU General Data Protection Regulation (GDPR), to those entities that must be involved in order to contract the requested Travel Services and claim and incidents management.
3. RIGHTS AND OBLIGATIONS OF THE CLIENT
i. The Client is able to book Travel Services through the Agency Booking Site, where Beontrips authorises the Client to buy the Travel Services with the purpose of selling those to the customers of the Client who shall be the end users of the Travel Services. Beontrips grants the Client a non-exclusive, non-transferable worldwide and royalty free license for the use of the Agency Booking Site for the purposes of this Agreement as long as the Client is validly registered for the use of the Agency Booking Site.
ii. Beontrips will use its best endeavours (if commercially reasonable) to get the confirmation from the Service Providers selected by the Client in accordance with the submitted booking request. Should the availability be confirmed by the Service Providers and the Client proceeds with the payment in accordance with these terms and conditions, Beontrips will be able to confirm the booking to the Client.
iii. Client shall provide all necessary Traveller information and data required by Beontrips to process the respective booking as required on the Agency Booking Site.
iv. The Client is responsible for ensuring that the terms and conditions concerning the Traveller stated in this Terms and Conditions of Use are brought to the attention of, and agreed with, their customers (and the Travellers if they are not the same), and all other interested parties, prior to entering into any agreement with those parties to which these terms and conditions might apply.
v. Client shall furnish all information to Traveller regarding the Travel Services and regarding the terms and conditions of Service Providers including those of the Air Carrier, if applicable, and inform the Traveller on the contents thereof prior to booking the Travel Services through the Agency Booking Site.
vi. Client shall comply with the applicable laws, especially but not limited to laws in respect of data protection, price communication and consumer protection. The Client shall be liable and indemnify Beontrips for any damage, loss, costs and expenses arising from any non-compliance with the applicable laws.
vii. Client shall be liable for (i) prompt performance of its obligations, (ii) compliance with applicable laws; and also for (iii) correctness and genuineness of information furnished to Beontrips.
viii. Client shall be responsible for the payment of the Total Fee and shall pay for the booked Travel Services to Beontrips through the Agency Booking Site. Beontrips will invoice the Client on the Total Fee with the details as provided upon registration and will not invoice the Client’s customer.
ix. Agency accept expressly that Beontrips will issue only electronic invoices exclusively sent to the Agency’s e-mail address provided when booking. Electronic invoices are issued in conformance with the requirements of the European Union and are in line with the relevant Hungarian statutes. Should the Agency have any modification request with regards to the data that appears on the invoice, Agency may contact Beontrips within two working days after booking in an e-mail sent to Beontrips at email@example.com.
x. The CLIENT is obliged to provide the Traveller or to the person booking the Travel Services on behalf of the Traveller, the following data:
- What is included and not included in the price of the Travel Services.
- The regulations and consequences of a no show by the Traveller, the regulations regarding cancellations and modifications.
- That all the users, including children must have current personal and family documentation, either passport or National Identity Document, as required by the country or countries visited.
- That the terms and conditions of the Service Providers apply regarding the use of the Travel Services.
xi. When the Travel Agreement is not fulfilled the Agency is entitled to lodge a complaint due to defective implementation of the Travel Agreement to the Service Provider and to Beontrips. The Service Provider and Beontrips shall be notified of any complaints without any delay. The complaint shall be investigated as soon as reasonably practicable and remedied if possible. In case the complaint cannot be resolved by the Service Provider to the reasonable satisfaction of the Agency, then it should be recorded in writing and signed by the Traveller and the representative of the local Service Provider and Agency shall get into contact with the Beontrips at firstname.lastname@example.org, to seek further assistance.
4. MODIFICATIONS AND CANCELLATIONS
i. Beontrips will inform the Client about any changes to the booked Travel Services, but it is the sole responsibility and obligation of the Client to inform the Traveller about any changes under the respective travel contract between Client and Traveller or other engagement with the Traveller.
ii. Beontrips shall support Client in making any changes to a booking, but unless expressly authorised by Beontrips the Client shall not be allowed to reduce the reserved period of stay or requested service, nor change the names of the consumer once booking has been made. Any such changes shall be deemed to be a cancellation of the booking. Modifications to extend the reserved period shall be subject to availability; in the event of an extension, the price shall be modified accordingly.
iii. In the event of withdrawal of the Travel Service purchased, the Client shall have the right to be returned all amounts paid with deduction of the amounts, if any, which the Service Providers may charge Beontrips for such cancellations and the cancellation fee charged by Beontrips as defined in the List of Service Fees.
iv. Client specifically acknowledges that in the event of any requested changes to or withdrawal of the Travel Service, the terms and conditions of the relevant Service Providers – including those of the Air Carriers – apply in addition to the terms and conditions stipulated in this document. In case of such modifications, Client and not Beontrips shall be responsible to pay any corresponding fees charged by Service Providers.
5. REGISTRATION TO AGENCY BOOKING SITE
i. Client shall be entitled to set up solely one account for the purposes of using the Agency Booking Site. Client shall provide all information thereon required by Beontrips for registering the Client on-line for the Agency Booking Site as indicated in the respective registration form. Beontrips reserves the right to evaluate the data provided by the Client and decide, in its sole discretion, to accept or reject the registration to the Agency Booking Site. Such confirmation or rejection will be sent by Beontrips electronically to the e-mail address of the Client as indicated in the registration form, within 7 days from the submission of the registration.
ii. Beontrips provides to the Client online access codes (user names and password) for the Agency Booking Site. The Client expressly agrees that such access codes provided by Beontrips are for the sole use of each Client and personal user; no access code use may be transferred or disclosed to third parties including, but not limited to, representatives or subsidiaries of the Client.
iii. Each Client and the personal user are directly responsible for the use of their own access codes, which must not be shared with other users nor disclosed by any means. In the event of improper use thereof, such access codes shall be withdrawn; sales will immediately be stopped and fraudulent bookings cancelled. In the event Beontrips or Client detect fraudulent or improper use of the access codes by the Client, including its current and former employees, Beontrips reserves the right to take any legal action pursuant to the protection of its legitimate interest and claim to Client the cancellation costs of the fraudulent bookings.
iv. For reasons of security, Beontrips reserves the right to change the access codes of the Client so long as such changes shall not disrupt the use of the system by said Client, and that sufficient notice of the planned change(s) is provided. In addition, the Client should change the access codes from time to time, especially every time one user is no longer employed by the Client.
v. The CLIENT shall not:
- make unauthorised, false or fraudulent booking;
- use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including, but not limited to, uploading or making available files containing corrupt data or viruses via whatever means;
- deface, alter or interfere with the appearance and layout of the Website or the underlying software code;
- take any action that imposes an unreasonable or disproportionately large load on the Website or related infrastructure.
6. INTELLECTUAL PROPERTY RIGHT
i. expressly undertakes not to apply for trademark or domain name registrations including or consisting of Beontrips’s registered trademarks, company or trade name, or any non-registered mark protected by applicable law. The Client shall indemnify for and hold Beontrips harmless against any damage, loss, costs and expenses arising from the breach of its obligations defined in this clause.
ii. Client shall not use the trademarks and or the trade name of Beontrips unless upon the express prior written consent of Beontrips. In such case, Client notes that upon termination of its Agency registration, it shall cease the application of references and images identifiable with Beontrips forthwith. Beontrips is entitled to monitor compliance with these Terms and Conditions of Use, including on-site controls upon Beontrips’s prior request.
7. LIABILITY AND INDEMNIFICATION
i. Beontrips accepts no liability in relation to any contract Client enters into or for any other services that the Client books or for the acts or omissions of any Service Providers or other person(s) or party(ies) connected with the Client’s booking.
ii. Beontrips shall not be responsible for obtaining the documentation Traveller will require at destination, such as visas, ID’s, passport, medical documents, etc. and Beontrips shall not be liable for any circumstance or expense incurred due to lack of documentation or non-compliance of requirements.
iii. The Client shall be liable for the behaviour of its Traveller in the event of abnormal behaviour, vandalism or misconduct. In this case, Beontrips and/or the service supplier reserve the right to automatically cancel Traveller’s stay or bookings with no right of the Traveller to any compensation whatsoever.
iv. The Client (whether or not this Agreement has been terminated) shall at all times save harmless and keep fully indemnified Beontrips from and against any actions, claims, proceedings, losses, costs, expenses and demands (including costs and expenses in defending such matters and its proper compromise) arising directly or indirectly out of or incidental to or in connection with any breach by or on behalf of the Client or any of its servants, agents or contractors of any of the provisions of this Agreement.
v. In some countries, there is a local tax known as “visitors’ tax”, “city tax” “tourist tax” (or similar) and other fees including (but not limited to) resort fees or service charges, which shall be paid directly by the Traveller at the establishment and/or at the airport. Beontrips shall use reasonable endeavours to provide, at the time of booking, an estimation of the applicable fees and/or local tax(es) attributable to each individual booking and payable at the time of booking and/or locally on arrival (“Local Tax/Fee Estimation”), however Beontrips does not warrant that the Local Tax/Fee Estimations shall be accurate and the Client acknowledges and agrees that the Local Tax/Fee Estimations are provided as estimates only. The Client further acknowledges that Local Taxes and Fee Estimations, may change from time to time. As a result, Beontrips cannot be held liable for any loss, costs or damages incurred as a result of the provision of such Local Taxes/Fee Estimations. Confirmation of and the accuracy of the Local Taxes/or Fee Estimations is ultimately the responsibility of the Client.
vi. Beontrips, acting as intermediary, will assist the Client on the incidents and complaints handling. Such assistance will consist on informing the service supplier about the complaint and make its reasonable endeavours to ensure that the Service Providers accept liability and indemnify from and against any claims of the Client´s end consumers arising from the provision of the Travel Services.
vii. Neither Party shall be liable for any indirect, special or consequential loss, including economic loss, which term shall include, but not be limited to, loss of profits, loss of use of profits, business, revenue, goodwill or anticipated savings.
viii. Notwithstanding the above Beontrips’ entire liability under this Agreement, whether in contract, tort (including breach of statutory duty), or otherwise shall not exceed the sums paid by the Client to Beontrips for the specific services in question.
i. The information on the Agency Booking Site is posted in good faith but Beontrips cannot guarantee that it is completely free from inaccuracies and typographical errors and does not accept liability for any error or omission on this site. Information on the various Travel Services is as accurate as possible given that the information is provided by a Service Provider.
ii. Obvious errors and mistakes (including misprints, typographical errors and errors in calculating currency conversion, errors in pricing in general, etc.) are not binding. In the event of an error or mistake being made, Beontrips or the supplier reserves the right to cancel any booking and refund monies paid by the Client to Beontrips in relation to such booking (if applicable), this will be without any liability to the Client and or the user.
iii. Service Providers that offer the Travel Services on the Agency Booking Site are independent businesses and are nor agents nor employees of Beontrips or its affiliates. These Service Providers provide the services in accordance with their own Terms and Conditions which may limit or exclude their liability to the Client or the consumer. Beontrips and its affiliates are not liable for any acts, omissions, breaches or negligence of any Service Providers or any damages or expenses resulting from the aforesaid.
iv. Beontrips and its affiliates shall not assume liabilities for any refunds for non-performance or improper performance of the Travel Agreement due to (i) force majeure, (ii) act or omission of the Agency or its customer or the Traveller or (iii) due to act or omission by third parties that do not participate in the performance of the Travel Agreement, if such act or omission could not be anticipated.
9. TERM AND TERMINATION OF AGENCY REGISTRATION
i. The Terms and Conditions of Use hereunder between the Client and Beontrips enter into force upon the confirmation of registration for an indefinite period.
ii. Beontrips may, at any time, in its sole discretion, terminate the provision of the Agency Booking Site, without any liability for damages or compensation whatsoever to Client.
iii. Beontrips may terminate the Client’s registration without reason in writing (by email) with a notice period of 30 days. Client may request the termination of its registration at any time without reason in writing by sending an e-mail to email@example.com. Beontrips shall complete the termination of the registration within 15 days of receiving such notification.
iv. Without prejudice to any of Beontrips’ other rights, Beontrips reserves the right to immediately withdraw Client’s access to the Agency Booking Site and/or cancel the bookings wherever and whenever Beontrips reasonably believes (in Beontrips’ absolute discretion) that the Client is in breach of this Terms and Conditions of Use or any law, which are applicable to the transactions carried out through the Agency Booking Site and/or to the retail of Travel Services.
v. Contracting Parties shall settle accounts within 15 days from termination of the Client’s registration. These Terms and Conditions of Use shall be applied to any bookings made through the Agency Booking Site prior to the termination of the Client’s registration for reasons whatsoever.
10. FINAL PROVISIONS
i. Beontrips may, in its sole discretion, at any time unilaterally amend these Terms and Conditions of Use by publishing the amended Terms and Conditions of Use on the Agency Booking Site and by providing advance notification to Clients.
ii. Client shall handle all confidential information (including but not limited to trade secrets or business secrets, Traveller’s personal data) it has or may become aware of confidentially and according to applicable laws. This information may be used and furnished to third parties only for performance of this contract and with written consent of Beontrips or persons concerned, if necessary; except as otherwise provided by law. Furthermore, Client shall ensure that its selling agencies (if any) and employees thereof comply with the provisions of this paragraph and that these latter ensure that all those who may become aware of confidential information comply with the provisions of this paragraph.
iii. Whenever the European Package Travel Directive 90/314 EEC must be applied due to the intention to include any of the Travel Services provided by Beontrips in a Package Travel, the Client undertakes to strictly comply with the Package Travel Directive 90/314 EEC and/or any legislation that develops, adds to and, when appropriate, replaces them, delivering or enabling the delivery of all the appropriate information to the consumer, requesting its signature and approval on the package travel conditions when necessary.
iv. The Client declares that it is a registered company, registered travel agent having all the licenses required by applicable law, and acting as a business, not as a consumer. The Client declares that it is not undergoing any bankruptcy or liquidation process and it does not need any authorization from any third party or authority for fulfilling these Terms and Conditions of Use.
v. Client hereby agrees that Beontrips may send it electronic mails containing Beontrips news, promotions and information, after registration to the Agency Booking Site.
vi. Due to the special characteristics of the electronic commerce, the Client agrees that a handwritten signature would not be possible for this transaction. The Client also agrees to be bound by accepting the Terms and Conditions of Use by registering for and making bookings on the Agency Booking Site.
vii. Should any provision of these Terms and Conditions of Use contradict any applicable orders of binding law the latter shall govern and supersede the contradicting provisions of the Travel Agreement. The rest of the Terms and Conditions of Use shall remain enforceable and effective.
Updated on 09 January 2018.