Membership agreement


On Cooperation Terms between HORS B.V. (the system "Horse 21")
Internet on-line Hotel Reservation Service, TIDS # 96-2 82491 and the Hotel.

HORS B.V., Amsterdam, hereinafter called HORS, and the HOTEL, have agreed to co-operate within the system "HORSE21" Internet on-line hotel reservation service", hereinafter called HORSE21, on the following terms:
1. HORS will:
1.1Include HOTEL in its Data Base and present the HOTEL in HORSE 21, internet on-line hotel reservation system after electronically submitting of present agreement and forms;
1.2Provide the HOTEL by e-mail with login and password for the maintenance of its data through Internet in real-time;
1.3Send the software for online communication;
1.4Display the HOTEL as directly bookable on HORSE 21 dynamic pages only in accordance with the data submitted by the HOTEL without any time restrictions (24 hours), without preceding inquiries with the HOTEL and with immediate confirmations and notifications of the customer and the HOTEL about the booking;
1.5Notify promptly the HOTEL about cancellation of the booking;
1.6By wish of the HOTEL Hors can distribute and represent the HOTEL on third parties websites via ADS (Alternative Distribution System), see section 4;
1.7Immediately display all amendments made by the HOTEL through its direct access to the Data Base (with a personal HOTEL’s login and password);
1.8Not allow bookings of more than 3 rooms within one reservation.

2. The obligations of the HOTEL are:
2.1To update appropriate data (available/closed dates, rates, rooms and equipment parameters, cancellation policy, penalty etc.) in HORSE21 System. The HOTEL should update and reconfirm the actuality of the rates and availability in HORSE21 System at least once a month. For this purpose Hotel uses Available Rooms Section or installs HORSE 21 software;
2.2To load "HORSE 21 rates": non commissionable for HORS rates which should be at least 20% less than the Rack rates. HORS will mark up the rates with own commission. HORS charges the guest with the mark-up at the moment of the reservation;
2.3To settle with the guest direct payment of the "HORSE21 rates" with possible extras on arrival or on departure at the HOTEL. The price of the room in the guest’s confirmation can be marked up by HORS in the form of the booking fee or partial payment. HOTEL has a right to charge the guest only the "HORSE21 rates" without mark-up of HORS;
2.4To accept without exceptions all reservations made by the visitors of the sites and affiliates of HORS, without any additional reconfirmation;
2.5To keep the HOTEL’s reservation staff informed about the terms of this Agreement, including the issues of available/closed dates and the rates agreed upon;
2.6To pay a penalty if the HOTEL has not given the room according to confirmation. Please see item 5.2.

3. Prepaid reservations.
3.1The HOTEL can provide HORS with "Prepaid rates" which need to include price of accommodation including all taxes. Those rates are non commissionable for HORS; HORS will mark up the rates with its own commission. Reservation made with "Prepaid rates" will be settled by HORS to the HOTEL after check out and receiving of invoice, unless reservation was cancelled on time. In case of no-show or late cancellation HORS is paying the cancellation or no-show fees;
3.2HOTEL sends the invoice to HORS by e-mail to hotel@horse21.net and invoice@HORSE21.net, by fax 31 20 6129558, by post to HORS BV, Strawinskylaan 327, 1077XX Amsterdam, The Netherlands. Invoice should contain the following information: name of the hotel, address, VAT number, Horse21 booking number, name of the guests, period of stay and the following bank details: name and address of the bank, BIC or SWIFT code, IBAN, account number and full name and address of the beneficiary. Invoice will be paid by bank transfer to the HOTEL within 14 days;
3.3Please note that all extras should be paid directly by the guest. Charges for the prolongation of the stay, upgrades etc. will be not paid by HORS. HORS is paying only for accommodation (including taxes) according with the confirmation of the reservation and loaded "Prepaid rates". If amount in the invoice is not correct, HORS has a right to amend it to the amount accordance with the confirmation of reservation and "Prepaid rates" in HORSE21 database.

4. ADS bookings.
4.1If HOTEL indicate in the forms HORS can distribute and represent the HOTEL on third parties websites via ADS -Alternative Distribution System (not the GDS) with the H1 brand code for free. This distribution is not exclusive; HOTEL can be presented in ADS through the different channels;
4.2For the reservations with "HORSE21 rates" as well with "Prepaid rates" made on the partner’s websites, HOTEL is responsible for payment of the Travel Agency commission of at least 10%. HOTEL will receive the commission invoice from Travel Agent and pays it directly to the Travel Agent. HORS is not asking for additional commission for ADS reservations.

5. Other Terms and Arrangements.
5.1The data submitted by the HOTEL to HORSE 21 via the Internet secure access (the HOTEL’s own login and password) are compulsory for both parties. The reservation confirmed by HORS is binding for the HOTEL and is a compulsory basis for the accommodation contract concluded exclusively between the guest and the HOTEL. The HOTEL is responsible for the accommodation and the guest is responsible for payment of submitted HORSE21 rate directly to the HOTEL unless reservation is made with "Prepaid rates". The HOTEL is bound to accept reservations made via the HORSE 21 and to provide accommodation for the guest even if the HOTEL has been fully booked but has failed to update the fully booked dates and rates in HORSE 21 system or updated it with mistakes;
5.2If the HOTEL cannot accommodate the guest according to the order, the HOTEL should provide guest the rooms in another hotel and bear all additional costs of the guest. Moreover the HOTEL has to pay to HORS a fine equal to the first night stay. In case the hotel refuses to pay it the HOTEL will be placed into the black list. The HOTEL will receive an invoice for the fine from HORS by email;
5.3The reservations are compulsory for the HOTEL from latest 15.00 and also after 18.00. (local time) for the whole night. If the guest does not check-in till 11.00 next day or if a cancellation is received by the HOTEL too late, and the room cannot be sold to another guest, the HOTEL is sanctioned to charge from the given credit card the penalty sum indicated in the Cancellation Policy section;
5.4The reservations with "HORSE21 rates" will be guaranteed with credit card of the client/guest. To facilitate the HOTEL’s work, HORS will provide the HOTEL with the details of the guest’s credit card as well as the guest’s personal details. HOTEL will receive the unique link protected with the login and password where HOTEL can see only ONCE information about the credit card of the guest excluding the CVC(CVV) code . HORS is trying to check the validity of the credit card at the moment of the reservation but cannot guarantee the validity of the card, especially later, at the time of arrival as well as the sufficient funds on the card;
5.5The HOTEL needs to protect all card holder data and personal information of the guests, received from HORS.

6. Liability.
6.1HORS cannot guarantee the arrival of the guests. HORS, representatives of HORSE 21 and third partners are not responsible for any payments of the guest (also no-show) to the HOTEL (exception is made for prepaid reservation), also if the provided for the reservation credit card cannot be debited or HOTEL received a charge-back claim for unauthorized use;
6.2 HORS is not liable for:
  • Any claim, damage or liability of any nature arising out of access to or use of HORSE 21, including without limitation the any payment, non-payment or form of payment, the making, changing or cancellation of the booking;
  • The availability, the functioning or malfunctioning of the operation of the Internet including the virus infection;
  • Any inaccuracies or falsification in the displayed information; loss of information;
  • Any viruses, defects, infections or anything else that may have arise from access, communication, use of websites, database van HORS/HORSE21 and of the third partners;
  • Any act of failure to act with respect to publication of information of the HOTEL;
  • Any damage caused by the Guest to the HOTEL;
6.3Complaints made by Guests are to be dealt with by the HOTEL, without mediation by HORS;
6.4The HOTEL will also indemnify HORS in respect of each and every liability arising out of the infringement of copyrights (regarding to photographic material) and claims by guests concerning erroneous information of the HOTEL on the website or any other claims related to services provided by the HOTEL;
6.5Liability disclaimer is valid for the directors and employees of HORS.

7. Information presented in HORSE 21.
7.1Information to be included in HORSE 21 has to comply with formats and standards provided by HORS. The HOTEL is at all times responsible for a correct and up-to-date statement of the information, including cancellation and no-show policies. HORS may translate the information provided by the HOTEL into other languages and to shorten or standardize it. HORS is entitled to offer the information and special offers made by HOTEL in HORSE 21 via or in cooperation with third parties;
7.2HOTEL is not allowed to include telephone/fax numbers, website, email or other direct references to the HOTEL in the form-free description fields of the forms of HORSE 21 systems. That information should be filled only in fields where we specially ask for the telephone/fax numbers, website and email. Neither may other websites be mentioned nor may any references be made to hyperlinks to the website of the HOTEL or that of third parties. If HORS has any indications that the information about the HOTEL in the HORSE 21 system is not correct, HORS has the right to exclude or adapt the information.

8. Disputes and Termination of this Agreement.
8.1The Agreement can be terminated if one of the parties does not follow at least one of the obligations mentioned in the present Agreement. The Agreement can also be terminated by one of the parties in case the other party failed to submit substantial information in time – including changes in ownership, leasing or renting conditions (new tenant or lessee), bankruptcy proceedings, financial and other deterioration, etc. Parties can terminate current agreement anytime with one month prior notification. All made reservations should be honored by the HOTEL;
8.2If HOTEL is sold, the previous owner should inform the new owner about the terms of this agreement. Anyway all made reservations should be accepted by the new owner;
8.3Present standard Agreement comes in force from the moment of its online acceptance only by the HOTEL during its registration in the HORSE21 system and is valid until it is terminated in writing by one of the parties; HORS reserves the right to change, amend the conditions of the current Agreement. HORS will inform HOTEL by email about the essential changes of the terms of the Agreement;
8.4All disputes and controversial issues should be settled by the both parties in a friendly and constructive way;
8.5Dutch law is applicable to the whole content of this Agreement. The HOTEL agrees to consent exclusive jurisdiction of the Dutch courts in all disputes arising from this Agreement.