TRAVEL AGENT & A.P. PARTNER AGREEMENT
Welcome to the Privatetour.com Travel Agent Partner Program (“TAPP”). Please read these terms regarding TAPP (“Agreement”) carefully as they form a contract between you (“Travel Agent Partner” “you” or “your”) and Privatetour.com (“us”, “our” or “we”). By accessing or using the Privatetour.com Affiliate Partner Dashboard you are indicating that you have read this agreement and agree to be bound by its terms. If you are entering into this agreement on behalf of a company, you warrant that you have the authority to bind such entity to this agreement. Privatetour.com and Travel Agent Partner are also referred to in this Agreement individually as a “Party” and “collectively as the “Parties”.
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions and thus limits the remedies available to you in the event of a dispute relating in any way to the use of the Privatetour.com Website. The Remedies that may be available to you in the event of a dispute are limited under this Agreement and by entering into it you are waiving your right to seek relief in a Court of Law. Please see Section 15 for more information.
Customer: means an individual for which you or your Representative makes a Booking pursuant to this Agreement.
Customer Information: means personally identifiable information of individual Customers, including name, address, phone number, e-mail address, date of birth, passport number, credit card information, driver's license number, account numbers, PINs and/or passwords, and any other information that could reasonably identify a person or entity.
Effective Date: means whichever is the earlier - the date you accept this Agreement by clicking an "I Agree" button, or (b) the date you first access or use the Privatetour.com Affiliate Partner Dashboard.
Percentage Fee: means an agreed fee paid to a Travel Agent for each Transaction in accordance with the terms of this Agreement (including any additional fees that may be agreed between the parties at any time). Percentage Fees are only paid for Transactions that have been completed or consumed by the Customer. The exact percentage payable to a Travel Agent Partner is negotiated between both Parties. Different percentage fees may be applicable for different products.
Referral Link: means a unique tracking link that Privatetour.com may make available to you for linking to web pages on the Privatetour.com Website.
Referred Transaction: means a Transaction concluded in accordance with Section 3.4.
Retail Rate: means the rate set by a Supplier for the retail sale of a Travel Product to a Customer via Privatetour.com.
Supplier: means the third-party provider of each Travel Product.
Term: means the initial agreed term of the agreement (if applicable) together with any continuation of the Agreement thereafter in accordance with Section 3.
Transaction: means the purchase of a Travel Product in accordance with the terms of this Agreement, that is either (a) by Partner acting as a Customer's agent, or (b) by a Customer through a Referral Link, in either case on behalf of one or more travellers in a single travel itinerary, and where the sale is processed on the Privatetour.com Website using the access credentials or other unique identifiers provided to you by Privatetour.com.
Travel Agent: means a person acting in the course of business and in the manner required by applicable law who is engaged in marketing and/or arranging transportation, accommodations, tours or trips for travellers, which may include acting as a booking agent on behalf of such travellers.
Affiliate Partner Dashboard: means the section of the Privatetour.com Website where Travel Agents can log in and manage bookings for their Customers.
Travel Product: means the tours, excursions, activities, venues, accommodations and related services provided by third-party suppliers and available to be booked on the Privatetour.com website.
Travel Product Information: means any information related to a Travel Product provided by Privatetour.com to Partner under this Agreement.
Privatetour.com: means Private Tour Bilişim Hizmetleri Anonim Şirketi whose registered office is Türkmen Mahallesi, Hülya Koçyiğit Bul, No: 7/H, Kuşadası, Aydin, Turkey.
Privatetour.com General Terms: means the terms and conditions hosted https://www.privatetour.com/terms-of-conditions or via such other link as Privatetour.com may determine on Privatetour.com
Voucher: means an electronic document that is provided by Privatetour.com to a Customer in connection with the completion of a Transaction, contains relevant information about the Travel Product(s) specified in the Transaction (e.g., booking-related information) and that the Customer must present to the applicable Supplier to redeem such Travel Product(s).
Working Day: means any day on which banks in Istanbul, Turkey are open for commercial banking business other than a Saturday, Sunday or any public holiday.
2.1 As a TAPP Member, you will receive for the duration of the Term:
(a) payment of agreed Percentage Fees;
(b) access to the Website;
(c) an Account or Accounts with a unique username and password you and your Representatives can use to make Bookings on the Website;
(e) Ad hoc training on TAAP and how to use the Website:
3.1. This Agreement will, following the Effective Date, continue indefinitely until terminated by either party in accordance with Section 13 (the “Term”). Throughout the Term, your status as a TAPP Member will be subject to the terms and conditions of this Agreement.
4. ACCESS TO THE WEBSITE & TRAVEL PRODUCTS
4.1. We will provide you with access to the Website for use in accordance with this Agreement. We may make modifications, upgrades and enhancements to the Website and the services offered thereon without notice and without liability to you. The Website displays products, content, services and technologies that are owned or operated by us, third-party vendors, and/or affiliates. Accordingly, certain products, content, services and technologies initially offered may be changed or may no longer be available for distribution through the Website.
4.2. You are responsible for any use of your account
5. BOOKINGS & PAYMENTS
5.1. When you are completing any Booking you will:
a. communicate fully and accurately to the Customer and ensure that the Customer understands:
b. not make or give any representations, warranties or other promises concerning a Travel Product beyond those contained in the Privatetour.com Booking Terms and Conditions and the applicable Travel Product Information.
c. not sell a Travel Product at a rate higher than the retail price advertised on the Privatetour.com Website
d. ensure that all Customer Data that is entered on to the Website are complete, accurate and up to date;
e. obtain and retain evidence that the Customer has read, understands and accepts the Privatetour.com Booking Terms and Conditions.
f. ensure that payment of the Travel Product Charges is made.
5.2. Cancellation. Travel Products are subject to cancellation, restrictions and penalties, which vary and are detailed online via the "Booking Terms and Conditions" link on Privatetour.com and/or in the Travel Product Information for each Travel Product.
5.3. Payment for Bookings
a. Bookings can be paid for using one of two options
(a). Credit Card – full payment may be made using your organisation or your Customer’s credit card
(b). Partner Pay – Travel Agent Partners who are approved for Partner-Pay must make full payment within 6 weeks of the service provided or on Issue of Monthly Invoice.
b. Pre-Booked / On-Hold Bookings must be paid in full and confirmed six weeks before the activity date. Notification will be sent via email requesting confirmation of on hold bookings with a final reminder 48 hours before the activity.
c. Privatetour.com acting solely as the applicable Supplier's payment processing agent, will be the merchant of record for all Transactions and will be responsible for charging and collecting all amounts payable for Transactions from Customers and/or Travel Agent Partner. Privatetour.com will be responsible for all credit card merchant fees and credit card chargebacks associated with a Transaction. Privatetour.com will be responsible for all payments to Suppliers for Travel Products.
5.4. Confirmation. Upon completion of a Booking, Privatetour.com will provide the Customer (and/or the Travel Agent Partner, as applicable) with an electronic acknowledgement and Voucher for such Transaction.
5.5. Payment of Percentage Fees. Percentage Fees will be paid via Electronic Funds Transfer or any other method approved by Privatetour.com in the month following the calendar month of the activity date for each Travel Product purchased. In the event the total amount of Percentage Fees due in any month is less than one hundred United States dollars (US$100.00) then payment will be withheld until the earlier of (a) such time as the total Percentage Fees due (including the previously withheld amount) in a subsequent calendar month are equal to or greater than one hundred United States dollars (US$100.00), or (b) the termination of this Agreement.
6. DATA PROTECTION
6.1. Each Party will ensure that any collection, use and disclosure of Customer Information obtained by such Party pursuant to this Agreement complies with all applicable laws, regulations and standards, including but not limited to Regulation (EU) 2016/679 (“Data Protection Laws”). Neither Party will send any unsolicited commercial email or other online communication (e.g., "spam") to Customers. Travel Agent Partner will take all appropriate measures to secure the confidentiality of Customer Information in its possession and to protect such Customer Information from unauthorised use or disclosure. If either party shares any personal data (whether Customer Information or otherwise) with the other party pursuant to this Agreement, the following terms will apply:
6.2. Each party will only process the personal data in accordance with the Data Protection Laws, including
a. process the personal data lawfully, fairly and in a transparent manner in relation to the data subjects
b. treat the personal data as confidential and ensures that is employees will treat the personal data as confidential
c. only process the personal data for limited and specified purposes;
d. not retain the personal data for longer than is necessary to carry out the purposes for which it has obtained the personal data; and
e. implement appropriate security measures to protect the personal data, including appropriate technical and organisational measures, to protect against unauthorised or unlawful processing and against accidental loss, destruction or damage, including inter alia: (a) the de-identification and encryption of the personal data; (b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; (c) the ability to restore the availability and access to the personal data in a timely manner in the event of a physical or technical incident; and (d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
f. Privatetour.com will not sell or resell any Customer information provided by you to a third party.
6.3. Where either party becomes aware of inaccuracies of the personal data received from the other party, it will notify the other party thereof.
7. TRAVEL PRODUCT INFORMATION
7.1. Privatetour.com will use reasonable efforts to ensure the accuracy of the Travel Product Information, however, you acknowledge that Privatetour.com may not be able to verify that all Travel Product Information provided by Suppliers is accurate or timely and Privatetour.com disclaims all liability with respect thereto.
7.2. You may offer and make available for purchase all or some of the Travel Products but must display all Travel Product Information provided by Privatetour.com with respect to any Travel Product offered by Partner. you may not add to, enhance, supplement, alter, modify or amend the Travel Product Information in whole or in part without Privatetour.com's prior consent. You will promptly correct any errors or inaccuracies of which Privatetour.com notifies you.
8. REFERRAL LINKS
9. LICENSE & INTELLECTUAL PROPERTY
10. ADDITIONAL OBLIGATIONS
1. You warrant and represent that:
(a) the Representative who agrees to the terms of this Agreement has the power, capacity and authority to bind you;
(b) for the duration of the Term, you will be licensed to act as a travel agent, or similar capacity, as applicable, and market the Travel Services as contemplated under this Agreement and be solely responsible for obtaining and / or maintaining all licenses, consents and permissions (each, if any, and whether regulatory or otherwise) and all financial security arrangements necessary to perform your obligations under this Agreement and will promptly provide evidence of such on request by us;
(c) you will not do or omit to do any act that, in Privatetour.com's sole opinion, may be likely to cause Privatetour.com and/or the Website to be disparaged, defamed, discredited or brought into disrepute.
(d) you will be responsible for obtaining and maintaining your own insurance coverage as required by all Applicable Law and as is necessary to meet your obligations under this Agreement. Upon request by Privatetour.com, you will provide evidence of your insurance coverage.
11.1 Each Party ("Receiving Party") will retain in confidence all information made available to it by the other Party ("Disclosing Party") pursuant to or in connection with this Agreement that the Disclosing Party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential, including, without limitation, all information pertaining to Percentage Fees, the Privatetour.com Website, Privatetour.com technology, and the terms of this Agreement (collectively, "Confidential Information"), and will make no use of such Confidential Information except under the terms and during the term of this Agreement. Confidential Information will not include information that the Receiving Party can establish: (i) has entered the public domain without the Receiving Party's breach of any obligation owed to the Disclosing Party; (ii) is rightfully received by the Receiving Party from a third party without confidentiality restrictions; (iii) is known to the Receiving Party without any restriction as to use or disclosure prior to first receipt from the Disclosing Party; or (iv) is independently developed by the Receiving Party without reference the Disclosing Party's Confidential Information. The foregoing exceptions will be inapplicable to Customer Information.
12. REPRESENTATIONS: WARRANTIES
1. Each Party represents and warrants that (a) this Agreement constitutes a legal, valid and binding obligation upon it enforceable in accordance with its terms by appropriate legal remedy; and that (b) the execution, delivery and performance of this Agreement by such Party does not conflict with any agreement, instrument or understanding to which it is a party or by which it may be bound, nor violate any law or regulation of any court, governmental body or other agency having jurisdiction over it.
2. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, PRIVATETOUR.COM DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE TRAVEL PRODUCTS, TRAVEL PRODUCT INFORMATION, OR OTHER SUBJECT MATTER UNDER THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. PRIVATETOUR.COM DOES NOT GUARANTEE THAT THE PRODUCT INFORMATION OR PRIVATETOUR.COM WEBSITE WILL BE ALWAYS AVAILABLE, ACCESSIBLE, TIMELY, OR ERROR-FREE.
14. INDEMNIFICATION & LIMITS ON LIABILITY
15. GOVERNING LAW, JURISDICTION & WAIVER OF JURY TRIAL
16. ENTIRE AGREEMENT: MODIFICATIONS; WAIVERS
17. DISPUTE RESOLUTION
18. FORCE MAJEURE & RELIEF
18.1 Neither party will be liable for failure to perform or delay in performing any obligation under this Agreement to the extent that such failure or delay is due to any contingency beyond the reasonable control, and without any fault, of such party (“Force Majeure Event’); provided, however, the affected party will promptly notify the other party of the occurrence of the Force Majeure Event and will take all steps reasonably necessary to resume performance of its obligations.
19.1 Neither Party will issue a press release, advertisement or public statement concerning the existence or contents of this Agreement or the relationship of the Parties without the prior written consent of the other Party. Notwithstanding the foregoing, Privatetour.com may issue a press release, advertisement or public statement referencing Travel Agent Partner as a member of Privatetour.com's Travel Agent Partner Program.
20. RELATIONSHIP OF THE PARTIES
20.1 The relationship created by this Agreement is solely that of independent contractors and the Parties hereby acknowledge and agree that nothing in this Agreement will be deemed to constitute either Party as an employee or an agent of the other Party. This Agreement will not be construed as constituting a partnership or create any other form of joint venture. Neither Party will have any power or express or implied authorisation to bind the other Party or to assume or to create any obligation or responsibility, express or implied, on behalf of the other Party or in the other Party's name.
21.1 Notices must in English and delivered by email to firstname.lastname@example.org and, in your case, the email address you provided as part of your Application.
21.2 An email notice will take effect on the earlier of: if sent before 4.30pm on a Working Day, then on the day of transmission, or if sent on or after 4:30 pm on a Working Day, then at 10 am on the next Working Day.
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