FIND ACCOMMODATION IN MONTENEGRO
Terms and Conditions
Purpose of the Agreement
This Agreement states the terms and conditions under which SmileMontenegro will facilitate reservations through the website directly between guests and the Accommodation Facility.
Rooms and apartments reservations, reservation guarantee
By making a reservation through the Websites a legal is created between the Accommodation Facility and the Guest (the " Reservation").
The Accommodation Facility shall enter into a contract with the Guest and handle the Reservation in compliance with the Accommodation Facility Information indicated on the Websites at the time the reservation was made, including any supplementary information and/or additional requests indicated by the Guest.
Other than the fees, extra's and (sur-)charges as set out in the confirmed Reservation, the Accommodation Facility shall not charge the customer any transaction/administration fee or charge for the use of any payment method (e.g. credit card charge).
SmileMontenegro will transmit or make available the Reservation made by a Guest to the Accommodation Facility, which Reservation details will include the date of arrival, the number of nights, the room type (including smoking preference (if as indicated by the Guest)), the room rate, the Guest's name, address and credit card details (together hereinafter referred to as "Customer Data") and other specific request(s) made by the Guest.
SmileMontenegro will provide the Accommodation Facility with credit card details that serve only for guarantee means at the moment that the reservations are successfully made. These details are only to be used to guarantee the reservation otherwise indicated by the cardholder. Accommodation Facility shall protect the details provided by SmileMontenegro as well the privacy of the guest.
SmileMontenegro is not responsible for verifying the accuracy and validity of the credit card details provided by the guest.
Accommodation Facility shall guarantee to provide SmileMontenegro with rates per room per night and shall guarantee that the Guest receives the best price when making the Reservation no and there is no lower price obtainable by a Guest making a reservation with the Accommodation Facility directly or via another (third) party or via another medium or channel.
Accommodation Facility shall offer availability, promotions, group discounts or other specials to SmileMontenegro that Accommodation Facility offers through any Accommodation Facility channel or to any third-party channel.
Cancellation and No Show
The Accommodation Facility is not allowed to cancel any online reservation. The cancellation and no-show conditions of the Accommodation Facility must be written on the Accommodation Facility admin panel under the Accommodation Facility Booking Conditions.
Accommodation Facility shall not treat any guest differently than Accommodation Facility treats any other guest including without limitation how Accommodation Facility handles overbooking situations.
If Accommodation Facility in unable to honor a guest’s reservation, then Accommodation Facility shall immediately notify SmileMontenegro of such inability relocate the guest to comparable property with same or better standards, facilities and location provide necessary transportation.
Complaints and claims
The Accomodation Facility shall be responsible for handling all requests, complaints and claims made by Guests in connection with the legal relationship entered into with the Accomodation Facility without the interference of SmileMontenegro.
SmileMontenegro, as third party in respect of the Reservation, shall not responsible toward the Guest for anything and the specifically disclaims of any such liability.
Accommodation Facility agrees to pay a commission to SmileMontenegro as stated and agreed in this contract for each reservation received by the Accommodation Facility from SmileMontenegro.
Unless stated otherwise, the amount of the commission is 10 % of the Reservation value. Reservation value means the accommodation rate per night including discounts and other costs (as exp. breakfast, taxes, half or full pension, packages which applies for the booking )/ multiplied by the number of the nights which the guest will stay at the accommodation from the Accommodation Facility.
SmileMontenegro shall calculate the total amount of payable commission at the end of each month based on each fulfilled and undisputed guest reservation that shall be paid by the Accommodation Facility within 8 days after Accommodation Facility receives the invoice via email.
SmileMontenegro provides the Properties with a unique user ID and password which allows the Accommodation Facility to access their Admin control panel. Accommodation Facility is responsible for the accuracy of the factual information concerning the facilities and nature of Accommodation Facility provided to the SmileMontenegro for display on the system. The Accommodation Facility shall immediately notify SmileMontenegro of any (suspected) security breach or improper use.
Information provided by the Accommodation Facility for inclusion on the Websites shall include detailed information relating to the Accommodation Facility (including photos and descriptions), its amenities and services and the rooms available for reservation, details of the rates (including all applicable taxes, levies, surcharges and fees) and availability, cancellation and no-show policies and other policies and restrictions (the "Accommodation Facility Information") and shall comply with formats and standards provided by SmileMontenegro.
The information provided by the Accommodation Facility to the Guest on the Websites or anywhere elseshall not contain any telephone or fax numbers or email (including skype) address or social media website/app/platform (including twitter and facebook), with direct references to the Accommodation Facility its websites, apps, platform, tools or other devices, or to websites, apps, platform, tools or other devices of third parties.
SmileMontenegro reserves the right to edit or exclude any information on becoming aware that it is incorrect or incomplete or in violation of the terms and conditions of this Agreement or the applicable laws.
The Accommodation Facility shall update the Accomodity Facility Information on a daily basis or as necessary to reflect any changes and can change the Information throughthe Website the rate of its available rooms bookable, and the number or type of available rooms, subject to the minimum requirement (see below).
Unless SmileMontenegro agrees otherwise, all changes, updates and/or amendments of the Accommodation Facility Information (including rates, availability, rooms) shall be made by the Accommodation Facility directly and on-line through the Extranet or such other ways as SmileMontenegro may reasonably indicate.
Term, Termination And Suspension
Unless agreed otherwise, this Agreement shall commence on the date of its signature and be effective for 1 year, unless terminated by either Party with a notice period of 14 days. After the 1 year period, this Agreement shall continue thereafter for indefinite period of time until terminated by either Party with at least 14 days written notice to the other Party.
Either Party may terminate this Agreement in respect of the other Party, with immediate effect and without reasoning in the following cases:
a material breach by the other Party of any term of this Agreement (e.g. payment delay, insolvency, breach of guarantee granted under Section 8 above, or the number of Guest complaints reaches a certain limit mutually determined by the Parties); or
an application for bankruptcy or liquidation is filed in respect of the other Party.
After termination, the Accommodation Facility shall continue to provides its services for Guests and shall pay all commissions (plus interest if applicable) due on those Reservations in accordance with the terms of this Agreement.
SmileMontenegro is entitled to immediately suspend its services (including the display of or availability of Accommdation Facility or the relevant reservation tool on the Websites) to or in respect of the Accommodation Facility in any of the following events:
- the Accommodation Facility fails to pay commissions on or before the due date;
- the Accommodation Facility fails to accept a reservation at the price shown on a reservation;
- the Accommodation Facility overcharges one or more guests;
- the Accommodation Facility charges a guest’s credit card prior to arrival of the guest without an express agreement from the guest (a guest provides express agreement if they select a non-refundable or an advance purchase room type);
After a period 30 days suspension, SmileMontenegro may terminate the Agreement with immediate effect without a notice period if the Accomodatuion Facility fails to remedy the causes for suspension listed above.
If Accommodation Facility breaches any of the provisions of this Agreement and fails to promptly cure such breach, then SmileMontenegro may refuse to offer, display or list for booking Accommodation Facility’s rooms through the system.
Accommodation Facility must continue honor any reservation booked by the guest through the system prior to the expiration of termination of this Agreement or prior to SmileMontenegro taking any of the actions permitted under the preceding sentence.
The Accommodation Facility represents and warrants to SmileMontenegro that for the term of this Agreement:
- the Accommodation Facility holds and has complied with all permits, licenses and other governmental authorisations necessary for conducting, carrying out and continuing its operations and business, and the best price shall be available for the Guests as guaranteed under Section 8 above, and
- SmileMontenegro disclaims and excludes any and all liability in respect of the Accommodation Facility which is related to any breakdown, outages, downtime, interruption or unavailability of the Websites.
In the event of a Force Majeure, the Accommodation Facility shall not charge (and shall repay (if applicable)) the Guests affected by the Force Majeure Event any fee, costs, expenses or other amount (including the (non-refundable) rate or the no-show, (change of) reservation or cancellation fee) for (i) any cancellation or change of the reservation made by the Guests, or (ii) that part of the reservation that was not consumed, due to the Force Majeure Event. In the event of reasonable and justified doubt, the Accommodation Facility may ask a Guest to provide reasonable evidence of the causality between the Force Majeure Event and cancellation, no-show or change of reservation (and provide SmileMontenegro upon request with a copy of such evidence). In order for SmileMontenegro to register any cancellation, no-show or amendment of the reservation due to a Force Majeure Event, the Accommodation Facility shall inform SmileMontenegro within 2 business days after (a) the scheduled arrival date of the no-show or cancellation, or (b) check out, the number of days actually stayed. SmileMontenegro will not charge any commission in the event of a registered no-show or cancellation or over that part of the booking which is not consumed due to the Force Majeure Event.
This Agreement may not be modified or amended except by a writing signed by the party against whom the same is sought to be enforced. Each party is signing this agreement on the date stated above that party’s signature.
The Contracting Parties shall consider e-mail messages as a written statement in the relation of this contract.
The laws of Hungary shall be applicable to the present Agreement Those issues not or not fully regulated by the present agreement are to be interpreted according to the regulations of the Hungarian Civil Code.
For any dispute arising out of or in connection of this present Agreement or the breach, termination, validity and interpretation thereof, the Contracting Parties agree to accept the sole jurisdiction of the Arbitration Court, Budapest of the Hungarian Chamber of Industry and Commerce. Contracting Parties note that its own Procedural Rules shall govern the Arbitration Court’s proceedings.