| 1. Our Service | |
| 1.1 | As part of the Service, IBUDGETHOTEL.COM will act as Your agent to promote Your hotel(s) and transact reservations. To achieve this objectives: |
| 1.2 | We will liaise and work with You to collect information and train You in the processes geared towards increasing the volume of reservations to Your hotel; |
| 1.3 | IBUDGETHOTEL.COM will arrange for appropriate details of Your hotel(s) ("Information") as supplied by You, subject to Our approval, to be included and maintained on and with such websites and agencies ("Sites") as We may deem appropriate for the purpose of driving reservations for Your hotel(s); hostel(s); or serviced apartments. |
| 1.4 | We will provide an online payment service of 10% deposit and a US$2.00 service charge debited on the Customer's credit card upon bookings which is NON refundable at all circumstances and is solely entitled to IBUDGETHOTEL.COM for providing an online booking service. |
| 1.5 | We reserve the right to modify and introduce new features and procedures from time to time in order to drive more reservations to Your hotel(s); hostel(s); or serviced apartments and to improve the Service efficiency; |
| 1.6 | IBUDGETHOTEL.COM reserve the right, without notice, to amend or delete any Information on the Sites which, in our sole discretion, is defamatory, obscene or materially inaccurate or misleading or in breach of any law or advertising code of practice. |
| 2. Property Owner Obligations | |
| 2.1 | You will ensure that, to the extent that it is within your reasonable control, the Information displayed on Our Sites is accurate and up to date at all times, including Weekday Prices, Weekend Prices, Peak Prices, details of Calendar and Room Availability and all other relevant property information. IBUDGETHOTEL.COM will be using this Information to drive bookings to Your hotel(s); hostel(s); or serviced apartments. |
| 2.2 | If the Information You provide is wrong or misleading, You agree to indemnify Us against any loss, liability or costs incurred by Us howsoever arising as a result of Your failure to comply with this obligations. |
| 2.3 | Neither We nor Our business partners can accept liability for any incorrect or over-bookings which may result from Your failure to update the Sites in particular Your Room or Apartment Availability Calendar. IBUDGETHOTEL.COM will refer any disputes or complaints that may arise in relation to any guests stay at Your hotel(s); hostel(s); or serviced apartments to You for resolution. |
| 2.4 | In the event of an incorrect or over-booking caused by Your failure to comply with the above obligations, You shall find the guest alternative lodgings of equal or better standard than the original hotel(s); hostel(s); or serviced apartments booked, provide complimentary transport to and fro the new lodgings and make good any variations in the rates charged by the new lodgings. |
| 3. Trademarks | |
| 3.1 | IBudgetHotel.com and its devices are registered trademarks of IBudget Hotel Systems Pte Ltd, Singapore. You will ensure that You do not Use any of IBUDGETHOTEL.COM trademark, including any copyrights, brands or logos without the express permission. |
| 3.2 | This Site may contain third party trademarks from time to time. You do not have any right to use such third party trademarks without the express permission of that third party. |
| 4. User ID and Password | |
| 4.1 | You agree that Your User ID and password for the administrative module are to be kept confidential and ONLY used to access Your hotel(s); hostel(s); or serviced apartments Information on the Site. |
| 5. Fees, Reporting and Cancellation Policy | |
| 5.1 | You agree to pay to Us a commission ("Commission") of 10% (Ten Percent) inclusive of all taxes and service charge for any reservations that are transacted using the Service in accordance with Schedule 1. |
| 5.2 | We shall deduct Our Commission upfront from every booking transacted through our reservation system. On a continuous basis, We shall make available to You an online statement showing all the bookings received by You through Us from guests making bookings for your hotel rooms using our reservation system. |
| 5.3 | If the guest stays longer than the original dates booked through Our reservation system, we agree not to take any extra Commission up to the guest departure date. |
| 5.4 |
If in any case after an online confirmed reservation with IBUDGETHOTEL.COM, guest decided to cancel his/her reservation : -
- No extra fee will be charged to customer for cancellation done more than or equal to 7 days prior to check in. - 1 night charge (per room) for cancellation done within 7 days prior to check in or for no show. |
| 6. Intellectual Property Rights | |
| 6.1 | You do not acquire any rights relating to Our trademarks, patents, database rights and copyright relating to the Service other than as expressly set out in this Agreement. |
| 6.2 | You do not acquire any rights relating to third parties trademarks, patents, database rights and copyright relating to the Service other than as expressly set out in this Agreement. |
| 6.3 | It remains Your sole responsibility to protect IBUDGETHOTEL.COM or third parties copyright, trade marks and trade names contained in the Information. |
| 7. Termination | |
| 7.1 | This Agreement will remain effective until terminated by either party upon giving ninety (90) days prior written notice. However, You cannot terminate this Agreement for convenience within the first twelve (12) months of the commencement of this Agreement. |
| 8. Disclaimer of Warranty | |
| 8.1 | IBUDGETHOTEL.COM will use all reasonable endeavours to procure the removal from the Sites of any comments about your hotel(s); hostel(s); or serviced apartments which have been posted by or on behalf of any guest via Our guest feedback facility INSOFAR THAT You can show by reasonable evidence that such comments are malicious/false and/or not a genuine expression of that guest's opinion. You acknowledge that IBUDGETHOTEL.COM are distributors and not publishers of such comments. All liability for the content of any such comments is excluded to the extent permitted by law. |
| 8.2 | IBUDGETHOTEL.COM takes reasonable endeavour to ensure that the Service and Sites remain fully functioning and up to date. However it may, on occasions be necessary to close or suspend provision of any of the Services on the Sites for the purposes of repair, maintenance or development. |
| 8.3 | Also, We may suspend the operation of the Site at any time under circumstances of Force Majure i.e. Natural Disaster or in the event of War. Under such circumstances, IBUDGETHOTEL.COM shall NOT be liable (to the extent permitted by law) for any error, omission, interruption, defect and/or delay in operation or the transmission or other failure to maintain the Service and Site. Under such circumstances IBUDGETHOTEL.COM shall not be liable to return any monies paid but may do so under its own sole discretion. |
| 9. Limitation of Liability | |
| 9.1 | In no event shall either party be liable for any indirect, special, incidental or consequential damages whether such damages are alleged as a result of a breach of contract and/or tortuous conduct or otherwise even if the other party has been advised of the possibility of such damages. Such damages shall include but shall not be limited to the cost of removal and reinstallation of goods, loss of goodwill, loss of profits, loss of use of data, interruption of business or other economic loss. |
| 9.2 | In any event this agreement, the maximum liability of one party to the other in aggregate for all claims made against such other party in contract tort or otherwise under or in connection with this agreement shall not exceed fifty percent of the commissions due by You to Us (if any) under this agreement in the twelve month period preceding such claim. |
| 9.3 | Nothing in this clause 9.2 above shall operate to exclude liability for death or personal injury resulting from either party's negligence. |
| 10. Limitation of Liability | |
| 10.1 | These Terms represent the sole and entire Agreement between You and Us in relation to the provision of Service. As We continually strive to improve the Service, IBUDGETHOTEL.COM reserves the right to make changes to the terms and conditions of this Agreement. IBUDGETHOTEL.COM will provide You with thirty (30) days prior notice of any such changes. If any such changes are not acceptable to You, You must inform IBUDGETHOTEL.COM during the thirty (30) day period, otherwise You will be deemed to have accepted such changes. |
| 10.2 | Each party warrants to comply with the Data Protection Act 1998 and any other relevant legislation in performing the obligations under this Agreement. |
| 10.3 | You acknowledge that the Service contains confidential and highly sensitive material. You therefore agree to maintain in confidence any such confidential information and apply high security measures no less stringent than the measures which You apply to protect Your own like information, but not less than a reasonable degree of care, to prevent unauthorised disclosure and Use of the confidential information. |
| 10.4 | This Agreement is governed and construed in accordance with the laws of Singapore and all parties submit to the exclusive jurisdiction of the Singapore Courts. |
Any questions, please contact IBudgetHotel.com, 10 Anson Road #12-14 International Plaza Singapore 079903 sales@ibudgethotel.com