Legal
Agreement terms between My Resorts Pune and Orchard Resort for listings, bookings, commissions, and support.
This Agreement ("Agreement") is entered into between "My Resorts Pune" ("Company") and "Orchard Resort" ("Hotel") as of January 2023. This Agreement outlines the terms and conditions under which My Resorts Pune will list the Hotel on its platform and the Hotel will accept bookings facilitated by My Resorts Pune.
My Resorts Pune agrees to list the Hotel on its online platform, making the Hotel's rooms available for booking by customers. My Resorts Pune will provide the Hotel with a dedicated page or profile on its platform, including relevant information about the Hotel, such as room types, amenities, pricing, and availability. The Hotel agrees to provide accurate and up-to-date information to My Resorts Pune regarding room availability, rates, policies, and any other relevant details necessary for the successful operation of the platform. Upon entering this agreement with My Resorts Pune, the Hotel hereby grants the Company the right to use, install, and implement the software and mobile application for exclusive use of the client's business and commercial purposes and for its dealings with potential third-party customers. This is a royalty-free license agreement whereby the Company will not incur any costs or debts towards the Hotel vis a vis the use and implementation of the app for the client's business dealings and transactions with customers of its own.
For each booking made through the My Resorts Pune platform, the Hotel agrees to pay a commission of 10% of the total booking value excluding taxes. My Resorts Pune will take the advance amount, with a minimum of 20% and a maximum of 100%, from the customer at the time of booking and pay the rest amount, after deducting the commission, to the Hotel after the customer checks in at the Hotel. If the customer has not paid the entire booking amount in advance, the Hotel is entitled to take the remaining amount directly from the customer at the Hotel.
The Hotel agrees to accept all bookings received through the My Resorts Pune website, subject to availability and the Hotel's standard policies. The Hotel will make its best efforts to keep the availability status updated in real time on the My Resorts Pune platform. In the event that the Hotel cannot accommodate a booking due to unavailability or any other circumstance, the Hotel agrees to promptly notify My Resorts Pune and provide alternative options if available.
My Resorts Pune will handle customer inquiries, bookings, and other related communications up to the point of the guest's arrival at the Hotel. The Hotel will be responsible for providing timely and accurate responses to any guest inquiries or requests received after the guest's arrival, as well as on-site assistance during the guest's stay. The Hotel should be aware that any cancellation from the client side may damage the brand reputation of the platform and their own business, resulting in bad publicity and customer feedback. The service provider will not have any role in manipulating customer feedback or reviews.
This Agreement will commence on the effective date and will remain in effect for an initial term of 3 years. Either party may terminate this Agreement by providing written notice at least 30 days prior to the desired termination date. Termination of this Agreement shall not affect any bookings already confirmed and accepted by the Hotel prior to the termination date.
Both parties agree to keep any confidential information obtained through this Agreement confidential and not disclose it to any third party without prior written consent, except as required by law. This confidentiality obligation shall survive the termination of this Agreement.
This Agreement shall be governed by and interpreted in accordance with the laws of India and applicable standards governing dispute handling.
If any dispute arises between the Company and the Hotel during the course of the agreement, both parties are to attempt to resolve the issue through consultation and negotiation in good faith with one another. If this fails, both parties are free to consult independent mediation services provided by a private or governmental source. The independent mediator is to be approved by both the Company and the Hotel. The role of the mediator will be to enable the Company and Hotel to engage with each other and attempt to resolve the outstanding contractual disputes or grievances.