Terms & Conditions

Property Participation Agreement

This Property Participation Agreement is effective as of: March, 2006 (the “Effective Date”), by the parties and sets forth the terms & conditions under which the property agrees to market it’s property by showcasing rooms which are available for booking enquiries  by guests through the system.

Parties to this agreement: Crewconnected.com and “The Property” (property to complete their name here)

Important information – In order to complete and submit the agreement & information sheet, please follow the following steps;

• Fill in date and property name in first & 2nd  paragraph in the property participation agreement.
• Return ALL pages by fax to Crewconnected Ltd on: F: +44 (0) 161 918 6744

1. Rooms: Property shall book rooms, which are available for booking by guests through the booking enquiry system.
2. Rates: Property shall set the rates for rooms according to their current availability. You are given access to your own details 24 hours a day, allowing you to adjust your rates. The rates must at least comply with travel industry rates, displaying Crew rate and Normal rate. Crewconnected.com does not change property rates once they have been uploaded initially and verified by property. Any rates which are deemed “wrong” to the property are the sole responsibility to the property, Crewconnected.com does not hold responsibility or is liable for any loss of money due to a booking enquiry at the “wrong rates” stated online.
3. Term: The initial term of this agreement commences on the effective date and continues until the           anniversary of the effective date, and unless terminated as provided in the agreement, shall renew for additional 1 year terms at the expiration of the initial term or any renewal term. After the first anniversary of the effective date, any party may terminate this agreement effective December 31st of any calendar year by giving written notice of termination by no later date than December 1of such calendar year. If property submits room or rate changes through an electronic message after this agreement terminates, then the terms of this agreement shall apply to any bookings made by guests to such rooms, unless the parties have mutually agreed in writing to different terms.
4. Operational Details: At any time property may change rates. Property may change the rooms, number, or types of rooms at any time. Property must display Crew rate and Normal rate even if they are the same.
5. Reservations and Cut-Off: Property must honour a guests booking enquiry upon delivery of an electronic message with a reservation or reply if no rooms are available to guest. Property shall accept the electronic message as proof of booking enquiry by a guest, send a confirmation of each reservation to Crewconnected.com within 48 hrs after an enquiry has been made and honour each reservation even if property fails to provide confirmation.
6. Cancellation and No Show: Unless otherwise specified by property, Crewconnected.com may cancel any reservation made for a guest at any time prior to 12:00AM (of the properties local time) of the day that is 1 day before the date of arrival without any charge by property. If (i) Crewconnected.com cancels any reservation after that deadline, or the reservation is a no show reservation, and (ii) the reservation is not subject to the conditions described in section 5.i then the reservation is cancelled in its entirety and, unless otherwise specified by the property, property shall only invoice the applicable guest a cancellation charge equal to the rate plus applicable taxes for one night for such reservation.
7. Guest Relocations: Property shall not treat any guest differently that property treats any other property guest, including, without limitation, how property handles overbooking (i.e walk) situations. If property is unable to honour a guests reservation then property shall immediately (a) notify the guest of such inability, (b) relocate the guest to a comparable property, (c) prepay or make other arrangements to cover the room charges at such property for the nights in question and all transportation costs to such property, and (d) deliver a written explanation absolving the company of responsibility for properties failure to honour the reservation.
8. Payment: Payment for each unique listing on Crewconnected.com is due prior to their listing being made active and once in receipt of invoice. Property shall not charge any amount for a room if a guest arrives at the property but departs as a result of the guest’s dissatisfaction with the property, a failure to cancel or a no show is excused under section 5.d or a potentially fraudulent reservation is cancelled under section 5.i if Crewconnected.com refunds a guest because of a properties actions, then the property must reimburse company for such refund within 30 days after company requests reimbursement. Property shall credit one (1) nights free accommodation to a crewconnected.com employee for every fifty fulfilled guest reservations. Reservation procedures and payments are between the guest and the property.
9. Invoices: Each invoice shall specify for each property(s) listing, property name, the company confirmation number, the upload and inactivate date which is exactly 1 year unless otherwise agreed by the property and Crewconnected.com. If property and Crewconnected.com dispute any charge or invoice, then, unless the company consents in writing, property must not apply any payments.
10. Guest Changes: Unless otherwise agreed by Crewconnected.com, property is solely responsible for any changes or services requested by a guest directly with the property and property is solely responsible for collecting from the guest any charges for such changes or services.
11. Anti-Fraud Cooperation: If a reservation is a potentially Fraudulent Reservation, or certain data provided by a guest cannot be verified by a company prior to 12.00AM (of properties local time) of the day that is 1 day before the date of arrival, the property and Crewconnected.com shall work together to address the potentially fraudulent reservation, which may include cancelling such reservation at any time up to 12.00AM (of properties local time) of the day of arrival. Property is solely responsible for ensuring that the Identification presented by a guest is valid and matches the booking information provided by the property to the guest after the initial enquiry made. Please note at the discretion of the property proprietor  the crew rates offered by hotels advertised on Crewconnected.com may only be available to existing or former crew members, and may be asked to provide proof of occupation on arrival. Any dealings with 3rd parties (including properties/advertisers) included within the website or participation in promotions, including the delivery of and the payment for goods and services, any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. We shall not be responsible or liable in relation to such dealings or promotions.

12. Legal Requirements

1. Facilitation: Crewconnected.com facilitates booking enquiries through the system, but makes no warranties or representations regarding the systems. Crewconnect.com bears no risk for failing to book any rooms. Nothing in this agreement constitutes a sale or rental of rooms to Crewconnected.com. Property acknowledges that the companies have no knowledge of guest arrival/departure dates, cancellation notice that guest may give directly to property or if such cancellation notice is sufficient to relieve guest (and Crewconnected.com) of charges otherwise due to the property.
2. Property information: Property represents, warrants and covenants that it is the owner or operator of the property, that the information on the information sheet is correct, Property is responsible for the accuracy of all facts concerning property displayed on the system and must advise Crewconnected.com immediately if any such factual information is incorrect.
3. Limitations: At any time, Crewconnected.com may refuse to offer, display or list a property. Property must honour guest bookings made within their registration period on Crewconnected.com.
4. Merchandising: Crewconnected.com have the right, solely for the purpose of merchandising and obtaining enquiries for the property, to use names, logo’s, trademarks & images from properties website or provided by property (including Photographs) used to identify or promote the property. Property warrants that such use does not infringe on any third party rights. Any additional advertising or marketing to be performed for property shall be governed by the companies’ then standard marketing terms & conditions.
5. Indemnification: Property shall, at it’s expense and at Crewconnected.com request, hold harmless, indemnify and defend crewconnected.com directors, employees and agents against any third party claim or action bought against any of them, arising from or relating to property’s accommodations or services or properties breech of this agreement.
6. Confidentiality: Without the express written consent of the disclosing party, no party shall disclose or allow the disclosure to any third party, or use other than specifically permitted in this agreement, any confidential, propriety or trade secret information of such disclosing party. A party shall not be liable for the disclosure of any confidential, propriety of trade secret information if such information (i) becomes publicly available without the receiving party’s breach of any obligation owed to the disclosing party, (ii) became known to receiving party prior to disclosing party’s disclosure of such information, (iii) became known to receiving party from a source other than disclosing party where such source did not breach an obligation of confidentially owed to disclosing party, or (iv) is independently developed by the receiving party. If the Crewconnected.com provide property access to an extranet, property and it’s employees shall keep confidential all passwords and other security measures necessary to access such extranet, (ii) inform Crewconnected.com of personnel authorised to access such extranet, including changes to personnel, and if any unauthorised access to such extranet, and (iii) prevent the use of any automated scripts or software to repetitively query the extranet to gather or change information. Property is responsible for the use of the extranet by anyone using the properties passwords. Any direct connect functionality implemented for Crewconnected.com then stated terms and conditions should govern the property.
7. Insurance: Property represents and warrants that it has, and the property shall maintain during the term of this agreement, liability insurance coverage in an amount that is consistent with industry practice, sufficient to meet it’s obligations under law and under this agreement. To the extent permitted by law, Property shall either (a) name Crewconnected.com as an additional insured on any liability insurance policies on which it pays premiums, and deliver to the companies certificates of insurance that verify compliance with the proceeding clause or (b) provide other evidence of insurance acceptable to the companies that indicates that Crewconnected.com will be covered by properties insurance in the event of a claim relating to this agreement. Property shall cause the companies to receive thirty (30) days prior to written notice before such insurance is cancelled or expires. Crewconnected.com may terminate this agreement if property fails to comply.
8. Health & Safety: The property shall co-operate actively and in good faith with the companies in relation to their health & Safety programme, which is intended to raise the general safety of standards enjoyed by customers. At our request property must provide copy of property’s annual operating licence and/or similar certificate indicating compliance with health & safety. Crewconnected.com may terminate this agreement if no such certificate is available.
9. Notices: All notices must be in English, in writing, and sent by fax or courier to the applicable fax number/address on this agreement. Notices are deemed delivered upon successful fax transmission or one business day after the date of delivery to a courier.
10. Assurances; Crewconnected.com reserves the right to re-coup the offset for any amounts owed to Crewconnected.com by a property under this agreement. Upon written notice a party may terminate this agreement immediately if any party ceases to do business, becomes insolvent, subject to bankruptcy or insolvency proceedings, whether actual or reasonably believed to be imminent. If reasonable grounds for insecurity arise about a parties performance to this agreement.
11. Miscellaneous: Each party shall comply with all laws applicable to it’s business and operators. The Laws of England and Wales govern this agreement. Each party consents to the exclusive jurisdiction and venue of the English courts for all disputes arising out of this agreement. If a dispute should arise under this agreement, then the parties will try to reach an amicable settlement in good faith prior to commencing any court proceedings. If they do not succeed, then the parties in dispute must attempt in good faith prior to commencing any court proceedings to settle the dispute by participating for a period of up to 14 days in non binding mediation in Manchester, England. The disputing parties shall share equally the costs, fees of the mediator. Except as set forth in the preceding sentence, the prevailing party in any suit or other arising out of or related to this agreement is entitled to recover it’s reasonable fee’s, costs, and expenses relating to the action, including reasonable legal (or other professional) fees, expenses and disbursements. Each party waives to the fullest extent permitted by law trial of all claims arising out of or relating to this agreement. This agreement does not create a partnership or joint venture relationship between or among the parties. This agreement is the parties entire agreement respecting the subject matter and supersedes all prior agreements. Written and oral. Nothing in this agreement shall limit or exclude liability for representations made fraudulently. Any waiver or modifications to this agreement must be in writing and signed. The parties acknowledge and agree that Crewconnected.com Ltd may archive an electronic copy of the agreement, and further agree that any request made to Crewconnected.com for a copy of this agreement may be fulfilled in electronic form. 

Print this page  |  Close window