Agreement
This Agreement ("Agreement") is entered into by and between:
1. Traveality Nepal Pvt. Ltd.A company incorporated under the laws of Nepal, having its registered office at Manakamana Marga, Dhobighat, Lalitpur ("Traveality"), and
2. The Partner Hotel A hotel business registered under the laws of Nepal, with its principal place of business at the address provided during the registration process ("Partner Hotel").
Collectively referred to as the "Parties" and individually as a "Party".WHEREAS:
- Traveality operates an online travel agency ("OTA") platform, danfehotels.com, which provides online hotel booking services for various hotels.
- Partner Hotel wishes to receive bookings from the danfehotels.com platform and agrees to pay commission and bank processing fees as outlined in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows:
TERMS OF AGREEMENT
1. Scope of the Agreement
1.1 Traveality operates an online travel agency ("OTA") platform, danfehotels.com, which facilitates online hotel booking services for partner hotels. 1.2 By using the danfehotels.com platform, the Partner Hotel agrees to participate in the OTA platform’s booking services and abide by the terms outlined in this Agreement.
2. Obligations of Traveality
2.1 Provide the Partner Hotel with access to the danfehotels.com platform for managing and receiving online bookings. 2.2 Facilitate the seamless processing of online payments for bookings made through danfehotels.com. 2.3 Maintain reasonable marketing efforts to promote bookings for Partner Hotels listed on danfehotels.com.
3. Obligations of the Partner Hotel
3.1 The Partner Hotel agrees to pay the following fees to Traveality:
- A 15% commission (inclusive of VAT) on the total room revenue generated from all bookings made through the danfehotels.com platform.
- Applicable bank payment processing fees for online transactions:
- Visa/MasterCard/Maestro/UnionPay/JCB: 4%
- American Express: 5%
- Nepali Wallets (e.g., Fonepay, eSewa, Khalti, NepalPay): 3%
- Debit Cards: 3%
- International Payment Gateways: 5%
3.2 Ensure that all information provided on the danfehotels.com platform, including room availability, pricing, and other details, is accurate and up to date. 3.3 Provide quality service to customers as per the terms displayed on danfehotels.com at the time of booking.
4. Fees and Payment Terms
4.1 Traveality will deduct the 15% commission and applicable payment processing fees from the total room revenue before transferring the balance to the Partner Hotel. 4.2 The balance of the room revenue will be remitted to the Partner Hotel within 2 to 4 weeks after the guest has checked out. 4.3 The Partner Hotel will provide valid bank account details for the remittance of payments, and any changes to these details must be communicated to Traveality in writing.
5. Discounts and Special Rates
5.1 Guests booking through danfehotels.com shall receive up to a 5% discount on the Best Available Rate (BAR), depending on the rate plan they choose.These rate plans include but are not limited to:
- Senior Citizen Rate
- Military/Police Rate
- Member Rate
5.2 Traveality may also offer special rates to travel agents and corporate clients. Specific terms of these rates shall be discussed and mutually agreed upon between Traveality and the Partner Hotel in a separate agreement.
6. Refund and Cancellation Policy
6.1 Guests may be eligible for a refund up to 24 hours prior to the check-in time, depending on the type of rate plan they selected ath the time of booking. 6.2 Refund and cancellation policies are subject to the terms outlined in the danfehotels.com Refund and Cancellation Policy, which the Partner Hotel agrees to adhere to.
7. Term and Termination
7.1 This Agreement will commence upon the Partner Hotel’s registration and acceptance of the terms on danfehotels.com. 7.2 Either Party may terminate this Agreement by providing 30 days’ written notice to the order Party. 7.3 If the Partner Hotel fails to maintain a review rating of 3.5 or higher on the danfehotels.com platform and/or other booking platforms (such as Booking.com or Expedia) for a continuous period exceeding 90 days, Traveality reserves the right to terminate this Agreement and remove the property from its platform with 30 days’ written notice. 7.4 Upon termination, the Partner Hotel will remain liable for any commission and payment processing fees for bookings made through danfehotels.com prior to the termination date.
8. Liability
8.1 Traveality shall not be held liable for:
- Incorrect or misleading information provided by the Partner Hotel
- Guest dissatisfaction arising from services provided by the Partner Hotel.
8.2 The Partner Hotel agrees to indemnify Traveality for any claims or disputes arising from its operations or guest services.
9. Confidentiality
9.1 Both Parties agree to keep confidential all information related to the terms of this Agreement and the transactions made through danfehotels.com, except as required by law
10. Governing Law and Dispute Resolution
10.1 This Agreement shall be governed by and construed in accordance with the laws of Nepal. 10.2 Any disputes arising from this Agreement shall first be resolved through mutual consultation. If unresolved, the matter shall be submitted to arbitration in Kathmandu, Nepal, under applicable arbitration law.
11. Entire Agreement
11.1 This Agreement constitutes the entire understanding between the Parties regarding the Partner Hotel’s use of the danfehotels.com platform. 11.2 Any modifications or amendments must be agreed upon in writing and signed by both Parties.
