Affliliate Agreement for Travel AgentsWould you like to distribute our HolidayTrex products in your travel agency? Please read through the following agent agreement thoroughly. It is the legal foundation of the partnership between TravelTrex GmbH (subsequently referred to as "TT" or "merchant") and the Agent and is binding for both parties. To confirm your agreement, please click onto the link after this passage or at the end of this text. It will automatically lead you to the registration.
Contents of Agent Agreement
1. Foundation of the Agreement
2. Obligations of the Agent
3. Obligations of the Merchant
4. Sales Promotion
5. Booking, Confirmation and Payment
6. Expiration of Agreement
8. Data Protection
9. Commission Regulations
10. Final Clauses
1. Foundation of the AgreementThe above named parties have agreed to cooperatively sell holidays, in which the holidays organised by TT and subject to TT-specified conditions, prices, and descriptions, including possible alterations, are sold by the Agent to customers in the name of and for an invoice from TT.
The agency declares itself liable to German sales tax and, in the case of small entrepreneurship according to § 19 Paragraph 1 Value Added Tax Act, to forego exeption according to § 19 Paragraph 2 Value Added Tax Act.
2. Obligations of the AgentThe Agent is obligated to broker the offers and services of TT with the diligence of a prudent businessman. This also applies to all auxiliaries of the Agent. The Agent is particularly obligated:
- to readily and without cost provide prospective customers with all information about the offers and services of TT, and to do one’s utmost best for the active sales of TT’s services;
- to appear to the holiday participant exclusively as an Agent of TT's services, and to clarify that a legally binding confirmation of the holiday booking can occur exclusively by consent of the tour operator;
- not to perform as a sub-agent of a third-party agent, with respect to one TT has denied collaboration;
- to promptly notify TT about cancellation notifications received by the Agent, specifying the date of the cancellation as well as the name of the customer enacting the cancellation;
- to promptly forward complaints raised against TT received by the Agent;
- to employ staff for customer consultation whose professional qualifications fulfil the demands of the booking transaction;
- to refrain from measures that unreasonably interfere with the sales activities of other sales partners of TT;
- to communicate all offers of the tour operator, including the valid prices, terms of transportation, travel conditions and payment conditions, as well as the travel information provided by TT, and to present them in the media intended for this purpose.
- when integrating TT products and merchandise tools online, to only place a TT Cookie, if the client is actually interacting with the TT website, by either clicking on an advertising item on the Agent’s web page or, if the Agent has integrated the TT website directly, performing any type of action on the TT page. In any other case the placing of a Cookie and the therefore resulting claim to commission is prohibited. In case of infringement by the Agency, an administrative fine of € 5,000 is agreed on.
In case the Agent should violate these obligations and should third party indemnity claims be the result of the violations, the Agent is obliged to exempt TT from the claims or balance the financial damage towards TT. This also applies for costs which may arise from taking actions against violation of obligations, possible legal advice or fraud committed by the Agent. If, by fault of the Agent, a booking cannot be performed, TT can claim the cancellation costs, according to the terms and conditions of booking and payment of TT, against the Agent.
The Agent is at liberty to prove that less financial damage has been caused. The assertion of a higher indemnity claim is subject to the operator.
3. Obligations of the MerchantTT enters into all obligations resulting from its capacity as tour operator. TT releases the Agent of possible requirements arising from the customers towards the Agent, as long as this does not affect the Agent’s liability in his capacity of travel agent or tour operator.
The processing of demands and customer complaints arising from the execution of the holiday is solely the matter of TT. In the case that TT is liable to a payment to the customer on account of poor performance by the Agent, the responding sum will be invoiced to the Agent.
TT is particularly obligated to process the incoming bookings in an orderly and efficient way in the order that they were received. The same applies for complaints received.
4. Sales PromotionHouse advertising by the Agent in which a product from TT is displayed must be cleared by TT before releasing. With the presentation in electronic media such as Internet, videotext, etc., the use of TT logos as well as the dissemination of logos etc. is only permissible with the express written consent of TT.
5. Booking, Confirmation and Paymenta) Bookings are transacted over the website http://www.holidaytrex.co.uk/booking.html with the entry of the affiliate number and the subsequent online booking. For those choosing an alternative method of booking, the tracking of the commission cannot be guaranteed. Should the holidays be distributed over a homepage associated with the travel agency, the affiliate agreement "Affiliates", found on HolidayTrex webpage, is to be signed in addition to this travel agency agreement.
b) The Agent must back up the legal effect of his customers’ bookings and therefore must see to it that the holiday participant is notified of TT’s respective currently valid holiday conditions. The booking must include the name, date of birth and address of the lead passenger, as well as the names and dates of birth of the holiday participants. The entry of the agent's information is not permitted. The holiday contract and the legal effect of the holiday price are only effectual subject to a holiday confirmation from TT to the customer. The Agent, with whom the contract with TT is concluded, is responsible for all bookings that are executed under the corresponding affiliate number. Bookings are always considered as binding. Cancellation charges arise upon the withdrawal of a booking. Fees may arise upon changes to bookings. Connection for the use of an external CRS (Merlin) requires the written consent of TT.
c) The holiday booking must contain the customer’s full name, date of birth, address, e-mail address and mobile telephone number (important, e.g. resort access road due to heavy snow fall), as well as the full names and dates of birth of all further participants. The entry of the agent's information is not permitted. The transfer of booking information by the Agent to a third-party is only permissible with the explicit written consent of TT.
d) The payment transactions occur through direct collection: The complete payment transaction occurs exclusively and directly between TT and the customer. The confirmation invoice as well as the travel documents will be sent to the customer directly by TT. Collection by the Agent is possible, but requires advance written agreement.
6. Expiration of Agreementa) The required notice of cancellation for both parties is three months to 31.05 each year and requires written notice.
b) The agreement expires with immediate effect without requiring a special notice of cancellation in the following cases:
- Application for insolvency proceedings towards the owner or partner of the agency or towards the Agent.
- Use of unapproved photo or text content by the Agent.
- Use of sales information by the Agent on other platforms not approved by TT.
c) Even after the termination of the agreement, regardless of which reason, the obligations of both sides resulting from this agreement continue to exist until all pending business transactions are processed.
d) Upon termination of the agreement, the Agent must immediately remove all references to TT and to the brands produced by TT – also on the Internet (e.g. banner). The Agent is not permitted to use the TT name in writing or in further publications, and may no longer offer TT’s products. All advertising material provided by TT as well as booking and accounting documents are to be returned without delay – at the latest after the processing of pending transactions.
7. Non-disclosureAs each party makes certain business information within the scope of the cooperation available to the other party, both parties agree to treat all information (verbal, as well as written) with confidentiality; especially that regarding business, finances, customers, lists of buyers, as well as price and sales information.
This does not apply for information that is generally known, or can be obtained through public sources which are not the possession of the respective contractual party. This is also valid after the contract has been terminated.
8. Data ProtectionThe contractual parties undertake to treat the customer data made available to them within the frame and for the purposes of this contract strictly in accordance with the relevant legal data protection regulations, in particular the Federal Data Protection Act.
9. Commission RegulationsPayment Mode
The Agent receives a commission in the sum of 7% for the sales of services of TT. The claim to commission begins with the day of the holiday begin. Settlement and payment occur monthly. The agent may only claim commission when the customer either clicks on the advertising tool integrated on the agent's website or if the agent has directly integrated the TT site which leads directly to a sale on the website of TT. In any other case the placing of a Cookie and the therefore resulting claim to commission is prohibited. In case of infringement by the Agency, an administrative fine of € 5,000 is agreed on.
All costs, expenses, and claims accrued by the Agent in connection with the sales of TT products are completely satisfied with the payment of the commission.
The calculation basis for the commission is sales in the currency “euro“, converted with the merchant’s fixed currency rate on the day of the booking. The complete sales are taken into account for the commission including all booked extras. Collected cancellation costs as well as additional bookings and booking alterations will be taken into account for the calculation of the commission. The Affiliate Programme is based on cookie-tracking. The SnowTrex cookie with the respective affiliate ID is valid for 30 days. Affiliate sales will be tracked based on this system.
There is no right to commission if the customer does not, or only partly, complies with their duty of payment. Commission is calculated according to the actual payments made by the customer. If the booked holiday cannot be performed due to an act of God (force majeure) or due to not having reached the minimum number of participants, no commission claims arise for the affiliate. If only a part of the holiday has to be cancelled, the commission will be accorded to the proportionate holiday price.
Additional Commission on the Subsequent Extras
Additional services (extras) such as coach journey, equipment hire, and ski lessons are a considerable element of the TT product. Due to technical reasons (many IBE/CRS systems cannot display extras, for example) or because many customers are not aware of the services, the services cannot or are not booked. Therefore TT reserves the right to inform customers after their booking about the many advantages of these extras. This service is free of cost to Agents, and the additional sales generated through the service are to the full benefit of the Agent. The customer’s protection is thereby unaffected.
10. Final ClausesIf one of the contractual clauses is ineffective, both parties will endeavour to find a regulation which comes close to the economic purpose of the ineffective agreement. The other regulations of this contract remain unaffected. There are no verbal side agreements. Changes to this contract must be in written form. This is also valid for the change of requirement of written form itself.
The contract is based on German law. Place of jurisdiction is the registered office of TT (Cologne, Germany).