Amitours London LTD, company number 8051989 (located at Office 7, 6 Gainsborough Road, London, E11 1HT, UK) on its own behalf and on behalf of other companies in the Amitours Group (individually and collectively, “Amitours” and sometimes referred to in this Agreement as “Company”, “us”, “our” or “we”) provides an online marketplace on which travel and tourism related tours, transfers, ski rentals, excursions, activities, and related services (collectively “Contractual Products”) are offered to consumers (“Amitours Booking Platform”). This Partner Service Agreement (“Agreement” or “Contract”) applies to any individual or entity (“Partner” “you” or “your”) that is permitted to access or use the Amitours Booking Platform (e.g., Travel Agents) for the purpose of purchasing Contractual Products on behalf of consumers. Amitours and Partner are also sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties”.
PLEASE CAREFULLY READ THIS AGREEMENT. YOUR USE OF THE AMITOURS BOOKING PLATFORM IS CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT WITHOUT MODIFICATION. BY ACCESSING OR USING THE AMITOURS MARKETPLACE, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “PARTNER”, “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE AMITOURS BOOKING PLATFORM.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF AMITOURS BOOKING PLATFORM WILL BE GOVERNED BY AND UNDER THE ENGLISH LAW, AND PARTIES HERETO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF ENGLAND AND WALES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
This Agreement is effective on the earlier of (a) the date you accept this Agreement by clicking an “I Agree” button, or (b) the date you first access or use the Amitours Booking Platform (the “Effective Date”).
“Account Customer” means any Customer which the Company provides Account Services in respect of a particular Booking and which shall include any representative of the Customer which makes the Booking or uses the Services pursuant to such Booking.
“Account Services” mean the Services provided by the Company to the Account Customer.
“Amitours Partner Account” means an account which has been opened by the Company in respect of a particular Partner.
“Amitours Terms and Conditions” means the terms and conditions hosted at https://www.alps2alps.com/en/terms-and-conditions, https://www.amitours.co.uk/site/page/view/terms-and-conditions, https://www.viacitytour.com/terms-and-conditions or via such other link as Company may determine on the Amitours Booking Platform.
“Business Day” is considered every official working day of the week (excluding Saturdays, Sundays and public holidays) and also a day on which clearing banks in London, United Kingdom are open for the carrying on banking business.
“Booking” means a Customer’s request for services communicated to the Company as evidenced by the Company’s records.
“Charges” means the Company’s charges shown in the Price List or other published literature
“Commission Fee” means a fee paid to a Partner for each Transaction in accordance with the terms of this Agreement.
“Company” means either AMITOURS LONDON LTD, company number 8051989, or such of its subsidiaries or associated companies, as is the company which provides the Services pursuant to a Contract and which expression shall, where the context allows, include their respective agents and sub-contractors.
“Contract” means the agreement between the Company and the Partner consisting of these terms and conditions.
“Contractual Products”- Company’s products and services: the transportation of passengers by car and/or any other touristic services agreed in writing between the Company and the Partner from time to time.
“Contractual Product Information” means any information related to a Contractual Product provided by Amitours to Partner under this Agreement.
“Credit and Debit Card Services” means Services provided by the Company to the Partner, to be paid for by the Partner to the Company by way of a credit or debit card payment.
“Customer” means an individual or entity that purchases Contractual Products through Partner pursuant to this Agreement.
“Customer Information” means personally identifiable information of individual Customers, including name, address, phone number, e-mail address, date of birth, social security 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.
“In Writing” means any written communication including email, SMS and facsimile.
“Online Account Registration” means the supplying data through the Company’s internet-based booking platforms by the Partner to set up an Partner Account according to the Terms and Conditions hereunder.
“Partner” means any person(s), firm or company with whom the Company provides Services and enters into Contract. The Partners name and business address shall be set out in the Application Form.
“Party” means a party to “Contract” and “Parties” shall be construed accordingly.
“Partners portal” – internet-based platform for Partners. CHECK CORRECT VESRION WITH #3
“Passenger(s)” means the Customer and such persons who the Customer shall authorize and/or permit to make use of the Company Services by traveling in a Company Vehicle.
“Price List” means the list maintained by the Company of its Charges relating to the Services from time to time and a current copy of which can be obtained on request.
“Promo code” – unique code created by the Company related to Partner. Partner can distribute this code to third persons, to resell Contractual products and get commission from every booking made by third person using the Partners promo code.
“Retail Rate” means the rate set by Company for retail sale of a Contractual Product to a Customer via the Amitours booking platform.
“Terms” means these terms and conditions, as amended from time to time.
“Transaction” means the purchase of a Contractual Product by Partner acting as a Customer’s agent, on behalf of one or more travellers in a single travel itinerary, and where the sale is processed on the Amitours Booking Platform using the access credentials or other unique identifiers provided by Amitours to Partner.
“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.
“Voucher” means an electronic document that includes the trademarks of Company, is provided by Amitours to a Customer in connection with the completion of a Transaction, contains relevant information about the Contractual Product(s) specified in the Transaction (e.g., booking-related information) and that the Customer must present to the applicable Supplier to redeem such Contractual Product(s).
This Partner Service Agreement describes the legal relationship between Amitours and Partner. Upon registration (opening of an account), the Partner agrees to Agreement as the contents of your legal relationship with Amitours.
2.1 General
Amitours is an online booking platform (including but not limited to www.amitours.com, www.amitours.co.uk, www.viacitytour.com) for transfers, ski rentals, tours, attractions, and other touristic activities. Amitours can present its products and services to customers all over the world. The Partner owns, supervises, manages, and operates one or more Internet-Domain(s) and Website(s). The Partner and Amitours agree that the Partner will allow access (directly or indirectly), in compliance with the conditions of this contract, of the offers and services of Amitours to the customers and visitors of the Partner Website(s).
2.1.1 Amitours shall be entitled to modify or supplement these General terms and conditions at any time
subject to giving reasonable notice. The Partner shall be notified of any modifications or supplements via e-mail, fax or in any other suitable form.
2.2 Conclusion of Agreement
The Partner shall qualify as a partner for the Partner Program through the internet based platforms: https://www.amitours.com/login, https://www.amitours.com/alps2alps/login and on the www.alps2alps.com page in the footer area, by clicking Partner Login and by transferring data for the online registration for Partners (click and accept).
2.2.1 Registration is free of charge and has no ongoing membership fees.
2.3 Appointment
Company appoints Partner as its nonexclusive reseller for the marketing and sale of Contractual Products according to the respective specialization to end customers of this Agreement. The Partner agrees to market and sell the Contractual Products in accordance with the provisions of this Agreement. Partner accepts such appointment as reseller. Company expressly reserves the right to appoint other resellers or distributors or to sell the Contractual Products itself directly to end customers.
2.4 Relationship between the Parties
Both parties operate their websites independently and are solely responsible for their own websites, technically and with regards to content and design. This agreement does not constitute a corporation, an association, an employment contract, a contract of brokerage, or an agency agreement between the parties.
2.4.1 No employee relationship, no power of representation: The Partner is a legally autonomous
enterprise. The Partner shall market and sell the Contractual Products on its own behalf and on its own account. The Partner shall not be entitled to present himself as acting on Company’s behalf or to undertake any commitments on Company’s behalf or for Company’s account or to assume any liability or give warranties or make other declarations in Company’s name unless Company has given Partner express written power of attorney to do so. The Agreement establishes neither an employer/employee relationship nor a shareholder or commercial agency relationship between Partner and Company.
2.4.2 Unless otherwise agreed in writing, neither party may publish anywhere on their website(s), neither
explicitly nor by implication, that the website is part of, supported by or is an official website of the other party.
2.4.3 The Partner is not authorized to systematically analyse or extract information (including guest
reviews) from the Amitours group websites. The Partner is not authorized to manufacture copies of the content or a part of the Amitours websites on his server.
2.4.5 Best endeavors
Partner will at its own expense make best endeavors to promote, extend and develop the marketing and sale of the Contractual Products, and will maintain and support an organization necessary for this, including qualified personnel for sales, installation and service.
2.4.6 No modifications of Contractual Products
Unless Company has agreed in writing in individual cases, Partner must not make any modifications to the Contractual Products, to arrange for such modifications to be made, or to fabricate copies of the Contractual Products.
2.5 Confidentiality
Confidentiality requirement Each party shall use any documents, information or data of the other party which it obtains in connection with this Agreement solely for the purpose for which they were obtained. The parties shall furthermore treat such documents, information or data as confidential unless they have become general knowledge or the other party has consented to their being disclosed or the documents have been verifiably drafted independently or otherwise obtained by legal means. This also applies to the period following the termination of this Agreement. copies of the Contractual Products.
3.1 Partner registration information
Partner shall provide Company with the following information:
3.1.1 Company is unable to verify registrations without above mentioned information.
3.2. Account acknowledgement
Company’s technical team shall manage all the given information and create an account for Partner within 2 (two) business days. Company will then issue an email verification that includes a link to set your password.
3.3 Integration
Access to the Amitours Booking Platforms is enabled and warranted by facilities (for example Link, Banner, Widget, API or similar facilities) to be chosen by the Partner. The Partner bears all expenses for the integration of the chosen facilities in his website(s). The exact positioning of the facilities on the Partner's website(s) will be agreed upon by both parties.
3.4 Tracking
After Partner is registered with the Amitours Partner Program, Partner will be assigned a Partner ID, which Amitours will use to track visitors coming from Partner’s website to Amitours via tracking cookies. Partner’s ID will be automatically linked to any of advertisements, which are available for your use in the Partner Portal/B2B PANEL/DASHBOARD/ CONTROL PANEL. The performance of the Partner Integration is shown in the Partner Portal/B2B PANEL/DASHBOARD/ CONTROL PANEL.
3.5 Access
Registered users can log-in to the Partner Portal/B2B PANEL/DASHBOARD/ CONTROL PANEL through:
3.6 Legitimate access
Company only grants registered users access to internet-based Partner panel. The Partner shall be fully responsible for activities and knowledge of any of his employees and/or third parties for whom the Partner has applied for registration and/or which Partner has registered (referred to hereafter individually or jointly as “Employees”), and shall only apply for registration for, or register, Employees whom Partner has granted unlimited power of representation regarding all statements which can be made via internet-based tools and platforms of Company.
3.7 Partner Account Services
Partner will get access to all booking services and/or management options as Dashboard, Integration, History, Profile, Wallet and Commission Statements.
3.7.1 As registered user, Partner can fast book any Contractual Product for his customers.
3.7.2 In Profile section, Partner can see on which email address he will get all the information and change log-in password.
3.7.3 Amitours Partner Portal provides Partner with comprehensive analytics and accounting data. Partner is able to view all past booking, follow the earned commissions and monitor his income directly online.
3.8 Payments
Amitours accepts the following Credit Cards: Visa, MasterCard, and American Express and PayPal. There is no charge or service fee for processing credit-card payments.
Partner may choose to process the payment by Wallet payment method - when the payment can be made up to 7 days before the scheduled departure date. Wallet can be topped up directly through B2B panel by using credit card/debit card, PayPal or bank transfer payment methods.
3.9 Statements. Promo Code reports
Commission is paid out at the beginning of each calendar month for all services that were performed during the previous calendar month. Partner can track the Commission statement report directly through the Amitours B2B panel.
If the booking is cancelled and does not take place, then Amitours return money for the Contractual Product to the payer and commission is not paid out to the Partner.
4.1 Contractual Product Information
Amitours shall use commercially reasonable efforts to ensure the accuracy of the Contractual Product Information.
4.2 Display
Partner may offer and make available for purchase all or some of the Contractual Products, but must display all Contractual Product Information provided by Amitours with respect to any Contractual Product offered by Partner. Partner may not add to, enhance, supplement, alter, modify or amend the Contractual Product Information in whole or in part without Amitours’ prior consent. Partner will promptly correct any errors or inaccuracies of which Company notifies Partner. Partner may not systematically analyse or extract information (including guest reviews) from the Amitours Booking Platform and shall not copy, in whole or in part, the look and feel or content of the Amitours Booking Platform, except as permitted under this Agreement, or otherwise authorized by Company in writing.
5.1 Transaction Confirmation
Upon completion of a Transaction, Amitours will provide the Customer (and/or the Partner, as applicable) with an electronic acknowledgment and Voucher for such Transaction.
5.2 Conditions of Partner Purchasing as Customer’s Agent
Partner may enter into a Transaction on behalf of a Customer, provided that Partner shall in every case: (a) notify the Customer that the Amitours Terms and Conditions shall govern such Customer’s receipt and use of all Contractual Products purchased in connection with such Transaction and provide all of the Contractual Product Information applicable to such Contractual Products, so as to effectively incorporate (in the manner required by applicable law) the Amitours Terms and Conditions (https://www.alps2alps.com/en/terms-and-conditions) and Contractual Product Information into the contract for sale of such Contractual Product; and (b) not make or give any representations, warranties or other promises concerning a Contractual Product beyond those contained in the Amitours Terms and Conditions and the applicable Contractual Product Information.
5.3 Payment for Transactions
Company, acting solely as the 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 Partner.
5.4 Transaction Terms
All requests to purchase a Contractual Product are subject to acceptance by Amitours, in accordance with the terms and conditions specified on the Amitours Booking Platform. Contractual Products are subject to cancellation, restrictions and penalties, which vary and are detailed online via the "Terms and Conditions" link on the www.alps2alps.com and/or in the Contractual Product Information for each Contractual Product (it is therefore important that you review both).
5.5 Support
Amitours will provide Partner and Customers with email-based support for the purpose of responding to and resolving issues associated with a Contractual Product or Transaction.
6.1 Amitours agrees to pay Partner a commission for each Contractual Product that is included in a Transaction, net of all cancellations and partial or full refunds. The amount of the commission shall be separately agreed on by the Parties. The commission will be deducted from the gross amount charged to Customers as the Retail Rate for the Contractual Product on the Amitours Booking Platform in the agreed currency. If no payment is credited to Amitours (e. g. revocation of credit card payment), there will be no commission credited to Partner.
6.2 Commission Fees shall be paid via Electronic Funds Transfer or any other method approved by Amitours in the month following the calendar month in which each Contractual Product purchased in a Transaction is availed. Any taxes and other expenses that are to be paid by the Partner will not be compensated separately. Banking fees and other transaction costs are at the expense of the Partner, except those according to 6.3.
6.3 The credit card and banking fees for payment transfers to the Partner will be borne, as follows:
6.4 Amitours creates commission statement for the Partner on the 1st (first) working day of each month, taking into account all bookings that have been carried out during the previous month by way of the Amitours Booking Platform. Amitours processes payments on the 1st (first) day of every month barring exceptional circumstances.
6.5 This statement is the basis for any payment. Partner may raise any claim with regard of an (alleged) inaccuracy of the statement within a deadline of 30 (thirty) days. To the extent no claim has been raised and accepted by Amitours the statement is deemed to be accepted.
7.1 Mutual license
Amitours grants the Partner the non-exclusive, free of charge, and world-wide right and license to i) display parts of Amitours -data and further information on the Partner's website(s), as provided to the Partner by Amitours and ii) solicit and merchandise the service in accordance with the terms and conditions of this contract.
7.1.1 The Partner grants Amitours hereby the free of charge and world-wide right and license to i) integrate and display the chosen facilities in the Partner's website(s) and ii) provide his service on the Partner's website(s).
7.2 Layout of Websites
The Partner insures that the Partner-Website(s) (including all other websites (directly or indirectly) owned by the Partner or the Partner's company), exclusive of Microsites (if any), sufficiently differ(s) from the Amitours group websites and will continue doing so. The Amitours group websites may not be copied or imitated (in general or in regards to certain (new) functions, pages, forms, compilations or aspects) in any way for the duration of this contract and thereafter.
7.3 Intellectual Property
7.3.1 Upon conclusion of this contract, Amitours does not abandon, but explicitly reserves its right of intellectual property, against the Partner or a third party, warranted by a law, a contract, or otherwise (now or in the future).
7.3.2 Similar Domain-Names. Parties agree that the Partner may not in any way register, apply for, merchandise, sell, offer, solicit, (sub-)license, provide, grant access, forward, publish or distribute domain names similar to Amitours.com, Alps2Alps.com, Amitours.co.uk, Viacitytour.com, Viacitytour.co.uk.
7.4 Advertising Tactics and Marketing
Unless otherwise agreed in writing with Amitours the Partner is not authorized (directly or indirectly) to purchase, acquire, use, employ or integrate terms or keywords (including variations and misspellings) or that are identical or strikingly similar to those used by Amitours.com and Alps2Alps.com or related internet-domain names in association with advertising tactics through paid search entries or other forms of online-advertising on platforms of third parties.
7.4.1 The Partner may not in any way use the contents of the Amitours websites on or through a third-party platform.
7.5 Claim for Performance, Injunctive Relief, and other Legal Means
7.5.1 Unless otherwise agreed in writing with Company, the conditions in Section 7.5. apply to matters regarding the claim for performance, injunctive relief and other legal means.
7.5.2 In the case of a website, a marketing campaign or an advertising tactic being in connection with a website, a marketing campaign or an advertising tactic of the Partner (or vice-versa), the Partner must i) inform Amitours immediately upon knowledge thereof and ii) fulfil all the obligations established in this contract upon the first request by Amitours.
7.5.3 The Partner consents to and confirms that Amitours is authorized to interrupt all contractual obligations until Amitours's substantiated request is met or executed.
7.5.4 If the Partner infringes paragraph 7.3.2 he must transfer and register the corresponding domain name to Amitours by means of a domain-name-registrar-company which will be chosen by Amitours. The Partner has 20 working days to do so after the violation has been made. If the Partner does not cooperate, Company implicitly warrants hereby to sign and/or legally execute all documents that are necessary or useful in regards to the transfer and registration of the domain names to Amitours.
7.5.5 The Partner agrees and confirms that all agreements made in Section 7 a) will be promptly and accordingly fulfilled and b) also apply to other companies of the Partner-Group. The Partner ensures fulfilment of the obligations made in Section 7 for the Partner-Group companies.
8.1 The Partner's Guarantees
The Partner assures Amitours and guarantees that the Partner-website(s) do not a) contravene public order and common decency b) contain inappropriate, illegal or unlawful contents, statements, materials, information, links, or banners (for example with regard to pornography or racism), defamatory statements or elements that invade or otherwise violate the privacy of a third party or are obscene.
8.2 Security and Operation
Both parties must take any appropriate economic measures to protect and secure their website(s) and to maintain operation of their website(s). The Partner recognises and confirms that he alone is responsible for the security of his website, as this is an aspect that Amitours cannot influence.
8.3 Safety of IT systems
The parties undertake to safeguard their communications equipment in accordance with the IT industry standards against unauthorized third-party access, unauthorized message transmission or comparable misuse, and loss of input or output data following message transmission or message retrieval.
Unless the accused party can be proven innocent, he is liable to the other party for any damage caused by anything in connection with this agreement. With the exception of gross negligence or wilful misconduct, the parties are not liable for direct or indirect damages, consequential damage or loss of profit.
10.1 Contract Period, Termination of Contract, and Suspension of the Contract
Unless otherwise agreed upon, the contract comes into effect upon the confirmation of registration of this agreement and is valid for an unlimited period.
10.2 Amitours may terminate the Partner’s registration without reason in writing (by email) with a notice period of 30 days.
10.3 Partner may request the termination of its registration at any time without reason in writing by sending an e-mail to JAIELIEK EMAIL ADDRESS. Amitours shall complete the termination of the registration within 30 days of receiving the Partner’s notification.
10.4 Amitours may terminate the Partner’s registration, and Partner may request the termination of its registration with immediate effect, in case of serious breach of contract by the other Party, if the breaching Party fails to remedy such breach within 7 business days of receiving the other Party’s written notice on the breach of contract.
10.1.3 After termination of the contract, unless otherwise agreed upon, the contract is considered completely and entirely terminated, without effect on the parties' rights and remedies concerning punitive damages or breach of contract by the other party. Sections 7.1, 7.2, 7.3, 11, 12, and 13 are valid beyond the termination of the contract.
11.1 Confidential Information
The Parties mutually agree to the non-disclosure of all information, observations, and documents that are part of the commercial privacy of the other party, especially the information and data of customers or business partners of the other party. When in doubt about the affiliation of information, observations and data, and commercial privacy, mutual consultation obligations are to be observed. The parties, their employees, and any called-in third parties agree to maintain the above-mentioned confidentiality.
11.2 Customer Data
The parties must take any appropriate economic measures to secure the secrecy and confidentiality of customer data and to protect this customer data from unauthorized use or publication. The parties agree to comply with the English law when processing personal data and data security.
11.3 Ownership of Confidential Information
The parties agree that the sole ownership of confidential information remains with the disclosing party and the receiving party only uses the confidential information for purposes concerning the fulfilment of this contract. All copies of confidential information must be returned or destroyed upon request of the other party.
12.1 Notifications
All notifications and messages between the parties must be in written form.
12.2 Complete Agreement
This contract (including all attachments) declares the overall agreements of both parties regarding the object of agreement and replaces all previous agreements, proposals, obligations, or propositions concerning the object of agreement.
12.3 Partial Nullity
Should parts of the framework contract or an order be or become invalid, all other obligations remain valid.
The parties commit to replacing the invalid obligation with economically equivalent and legal settlement that matches the invalid one in economic content as closely as possible. The same shall apply for the event of a gap in the contract.
12.4 Transfer
The transfer of rights and obligations to a third party is only permitted by written consent in advance given by the other party.
These Terms shall be governed by and construed in accordance with English Law and the parties hereto submit to the exclusive jurisdiction of the Courts of England and Wales.