TERMS & CONDITIONS
THE FOLLOWING TERMS AND CONDITIONS BELOW LISTED IN THIS AGREEMENT SHOULD BE READ CAREFULLY. BY CHECKING THE BOX INDICATING "READ AND ACCEPT THE TERMS AND CONDITIONS", YOU CONSENT TO SUBJECT IN WHOLE AS STIPULATED IN THE CONTRACT.
FIRST. - This Agreement stipulates the conditions according to which the Partner and BD TRAVELSOLUTION maintain a business relationship during its term.
SECOND - SUBJECT OF THE CONTRACT.
This Agreement intends to establish the terms and conditions governing the business relationship between BD TRAVELSOLUTION and the PARTNER. BD TRAVELSOLUTION will offer Intermediation service for the marketing of products and/or services by the partner before the end user of the latter. Such intermediation is conducted through i) the integration of the Software BD Travel Solution and the Website of the Partner and ii) through the Software WEB MOBILE whose operation and access is available on smart phones of the Partner’s Customers, according to the terms set out in this Agreement and the attachments which form an integral part thereof.
The commercial schemes under which the business relationship operates of BD TRAVELSOLUTION with the Partner are described in the Annexes and should be considered as an integral part of this Agreement.
If the PARTNER additionally to the BD TRAVELSOLUTION software integration and WEB MOBILE Software Access wants to obtain the WEB DEVELOPMENT AND THE PPC CAMPAIGNS SERVICES from BD TRAVELSOLUTION, then the parties will stablish the conditions at time of the signing of the contract.
For purposes of this Agreement, the terms listed below have the meanings detailed in this clause. The terms or phrases, which are not specifically defined in this clause, shall have the meanings assigned to them in any other section of this Agreement or, if they are not defined, in accordance with its general use and context while complying with the subject of this Agreement:
a.BD Travelsolution Software. Software property of BD TRAVELSOLUTION published on the network to ensure real-time access for consultation and marketing of their products and services.
b.WEB MOBILE Software. Software proprietary of BD TRAVELSOLUTION whose access is available exclusively for smart phones for the purchase of Products and Services of the Partner and BD TRAVELSOLUTION
c.Partner. Intermediary company who markets the products and services of BD TRAVELSOLUTION through its website using the BD Travelsolution software and the WEB MOBILE software.
d.Site BD Travelsolution.com. Website on the global internet identified with its URL http://www.bdtravelsolution.com and any of its subdirectories, including the pages assigned to the Partner, by which the PARTNER has access to the "Management System for Partners."
e.Website of the Partner. Website on the global internet of which the Partner is owner and operates directly, and which is identified with the address, domain or URL: indicated in the recital I of this contract and all portals registered upon request of the Partner and named within the group of the Partner.
f.Pages Assigned to the Partner. Software BD Travelsolution.com pages which are specifically designed under instructions of the PARTNER, in order to be linked to the corporate image of the Partner’s website.
g.End user. Person / client / consumer or tourist that books Products and/or Services with BD TRAVELSOLUTION through the pages assigned to the PARTNER.
h.Force Mayor. As fortuitous events or force mayor are considered: hurricanes, earthquakes, floods, winds that cause serious damage, explosions, war, revolutions, riots, fires, epidemics, general acts of government which obstruct or delay any of the parties in the compliance of their obligations and, in general, any act of nature or man other than those mentioned above, which were beyond the control of the parties and to which blame or fraud cannot be attributed.
i.Management System for Partners. it is defined as the section to which the Partner will have access only through a username and password, provided by BD TRAVELSOLUTION for the Management of the partner’s assigned pages.
j.Confidential Information. It refers to this Agreement including its attachments, technical specifications, scheme fees and commissions, marketing plans, business strategies, interface of the Site BD Travel Solution restricted in their access, structure, XML feeds, programming codes, Partner’s customer data, all oral, written, graphic, magnetic, electronic or any other tangible form that relates to the partner and any other information that is identified as confidential by the parties.
k.Partner’s Email. It refers to the email indicated in recital I of this agreement.
l.EMAIL of BD TRAVELSOLUTION. It refers to email firstname.lastname@example.org
m.XML. Computer protocol dedicated to the exchange of information of the interfaces between the systems of the parties.
n.Products and/or Services. They are referred to as air transportation services, accommodation services, car rental, excursions, among others, sold by BD TRAVELSOLUTION in its capacity as intermediary, for being services provided directly by the final suppliers and they are concentrated by BD TRAVELSOLUTION in the BD TRAVELSOLUTION Software and WEB MOBILE Software that are sold directly to end customers through the Partner’s Web site and smartphones.
o.Contact center. Call center provided by BD TRAVELSOLUTION to support or sales of the Products or Services.
p.End supplier. It refers to a person or legal entity responsible to deliver or provide products and/or services directly to the end user.
q.Methods of Payment. It means the many alternatives to which the End User has access to, in order to cover the payment of the Products and / or Services booked by him.
r.“Online” and “Offline” Reservations. "Online" bookings are bookings generated directly through the pages assigned to the partner. Bookings "Offline" are all those bookings generated through other means, such as contact center, chat and email, among others.
s.Additional Services. Means the request expressed by the partner to BD TRAVELSOLUTION for the latter to realize the development and programming of Web sites according to the Partner’s own specifications.
t.Website development. It means the design and programming of pages for the Partner’s Website.
u.Reservations box. Programming created and owned by BD Travelsolution whose function is to serve as a tool for access to the Software of BD Travelsolution and the Software of MOBILE WEB.