1. Commencement Date of the Agreement
1.1 This Agreement commences upon signing by the Operator and AA and shall continue to be in effect until such time as this agreement is terminated by either party, as is provided for in Clause 10 and/or Clause 12, or a new agreement is negotiated and entered into, replacing this agreement.
2. The Product
2.1 The Operator agrees to offer their Product on the Site during the term of this Agreement and agrees that their Product will be available and open for business throughout the term.
2.2 The Operator will ensure that their Product is provided to the highest possible standards and quality and that their Product and business comply at all times with all applicable legal requirements.
2.3 AA may attend at and inspect the Operator’s premises, to verify that the Operator is complying with clause 2.2. If AA does so, the Operator must assist and cooperate with the inspection.
2.4 The Operator must comply with the Code of Conduct as is contained in this Agreement.
3. Availability of Product
3.1 The Operator acknowledges that, where a direct booking capability is to be provided on the Site, it is their responsibility to maintain and update the availability of their product on the Bookeasy console, which may be linked to and updated by their channel manager, and provide any other information to AA when relevant in relation to the availability of their product or changes to their offering.
3.2 Any misinformation in relation to the Product coming from Bookeasy shall be the sole responsibility of the Operator and should any loss or damage be caused in consequence of such omission or misinformation then such damage or loss shall be dealt with and shall be the sole responsibility of the Operator with no liability in any manner or form to AA.
4. Annual fee
4.1 The Operator agrees to pay to AA an annual fee each Product listing on the Site.
4.2 The annual fee will become due on the anniversary date of this Agreement each year.
4.3 Failure to pay the annual fee by the due date will result in all the Operator’s Product being removed from the Site until such time as the annual fee is paid.
4.4 The annual fee is valid for the term of this Agreement (Refer Clause 1), however AA reserves the right to adjust the annual fee each year. AA will provide Operators with notice of any impending changes to the annual fee, which is reviewed annually inline with AA’s Fees and Charges.
5. Bookings – Sale of Product
5.1 The Operator authorises AA to take bookings for the Product on behalf of the Operator either directly or through the Site.
5.2 If AA takes a booking for the Operator’s Product:
5.3 AA will provide the Operator with details of the booking, details will be provided in writing.
5.4 AA will, on behalf of the Operator, receive full payment for the booking from the Guest;
5.5 AA will charge a commission for taking the booking (Refer Clause 7);
5.6 AA’s commission will be deducted from the payment received by AA from the Guest.
5.7 All payments owed to the Operator for a sale of Product will be settled in full in the first payment run following the conclusion of the guests stay. AA payment runs fall on Mondays and Thursdays each week, or the next business day in the case of a public holiday. Payments may take up to 3 business days to appear in the Operator’s bank accounts.
5.8 If AA has processed the booking through BookEasy, it is the Operator's responsibility to ensure the correct bank details are entered onto the BookEasy platform to ensure payment is deposited in the nominated bank account.
5.9 The Operator agrees that any amendments or cancellations to confirmed bookings must be processed by AA.
5.10 If AA has processed a booking outside of BookEasy, the Operator agrees to send an invoice to Accessible Accommodation for the NET room rate amount.
5.11 If the Operator requires a credit agreement to be in place prior to confirming any booking, please present the appropriate documentation to our Finance Department, within 7 days of check in this agreement, at finance@theaccessiblegroup.com for completion.
5.13 Unless a member of the AA team has specifically stated otherwise in writing, AA is responsible for the NETT room rate only. Any additional charges are the responsibility of the guest. This includes but is not limited to security bonds, car parking, mini bar charges, damages, etc.
6. Tariff/Rate
6.1 The Operator agrees to actively maintain their tariff, rates and availability within the Bookeasy operator console, which may be linked to and updated by their channel manager.
6.2 Where an Operator’s Product is not entered in Bookeasy, a representative from AA may contact the Operator in order to obtain a quotation for sale of Product and pass this on to the Guest.
7. Commission Payable
7.1 Where AA makes a sale of the Product, either directly or through the Site, the Operator agrees to pay a commission to AA.
7.2 The commission as agreed between the parties is set at 15% and is calculated on the gross value of the booking. The Operator agrees that AA may deduct the commission due to it on the sale from the monies paid by the Guest upon completion of the booking and the funds being banked and cleared. The balance monies shall then be forwarded to the Operator as is hereinafter provided for.
7.3 The agreed commission rate is valid for the term of this Agreement (Refer Clause 1). Upon the expiry of this Agreement, AA will provide Operators with 30 days notice of any impending changes to the Agreement and / or commission rate that will be applicable when negotiating a further Agreement.
8. Cancellations and Refunds
8.1 If AA has taken a booking for the Operator’s Product and the Operator is then unable to supply the Product, the Operator must provide Product of a similar standard and quality acceptable to the Guest, or at the Guest’s election, AA shall promptly refund the monies paid by the Guest.
8.2 If the Guest cancels a booking, the AA shall refund to the Guest the residual amount of their booking less any cancellation fees imposed by the Operator.
8.3 Once a sale has taken place AA accepts no liability for a cancellation or double booking and is not responsible for any issues that occur at the Operator end.
9. Guest Enquiries & Complaints
9.1 The Operator undertakes to respond to any enquiry or complaint made by or on behalf of a Guest within 14 days of such enquiry or complaint being received. Should AA receive any enquiries or complaints regarding the Product it shall pass the same on to the Operator as soon as practicable for the Operator to respond to as set out above. If a total of three complaints are received by AA and no action has been taken by the Operator to rectify the complaints AA will remove the Operator from the Site and cease booking the Product until such time as proof is provided by the Operator that the cause for the complaints have been rectified.
10.Sale of Operators Business
10.1 Should the Operator sell its business or any part thereof which relates to the product, the Operator shall give to AA written notice of such sale and after the expiration of 14 days from that notice this agreement shall terminate.
10.2 The Operator must advise the purchaser of the Operator’s business or Product (as the case may be) of the terms of this Agreement.
10.3 Despite the sale or cessation of the Operator’s business or Product, the Operator remains liable to pay AA any commissions (including any GST component on commissions) owing to AA in relation to bookings made up to the date of sale or cessation.
11.Indemnity and Insurance
11.1 The Operator must indemnify AA and hold AA harmless, against all liabilities whether
for any person alleging personal injury directly arising from the Operator, loss of property arising directly from the conduct of the Operator, material breach of agreement by the Operator, negligent misrepresentation by the Operator or material breach of statutory duty by the Operator, except to the extent any loss or damage is caused or contributed to by AA and its personnel.
11.2 In no case will the Operator or its personnel be liable to AA or its personnel or guests for any punitive, exemplary, or consequential (including loss of profit) damages or loss, regardless of whether such consequential loss or damages were foreseeable.
11.3 The Operator and its personnel's liability for any claims or damages arising out of or in connection with this agreement shall be limited to and not exceed the Fees and Charges paid by the Operator under this agreement.
11.4 AA must, and procure that their personnel must, do all things necessary to mitigate its losses in connection with any claim under this agreement. The Operator's liability under this agreement will be reduced to the extent any liability is greater as a consequence of a breach of this clause by AA or its personnel.
11.5 The Operator undertakes and agrees to insure and maintain such insurance during the term of this agreement a policy of public liability insurance with a reputable insurance company where the limits of such policy is not less than $10 million in relation to any one claim. The public liability insurance policy must be a stand-alone policy in the name of the business listed on page 1.
12.Termination
12.1 Either party may terminate this agreement by providing 30 days' notice to the other party.
12.2 AA may terminate this agreement immediately by written notice to the Operator:
a.) If the Operator commits an act of bankruptcy or becomes subject to a form of insolvency administration.
b.) If the Operator breaches this agreement
c.) If the Operator ceases to provide the Product
d.) If the Operators Product falls below the standard as required by AA with such standard being determined in all things by AA in its absolute discretion.
12.3 The Operator may terminate this agreement immediately by written notice to AA:
a.) If AA ceases to trade
b.) If AA breeches this agreement
c.) If AA no longer provides the services as described in this agreement
12.4 Upon termination of this agreement the Operator agrees to remove all AA branding and collateral from their site and any online presence within 7 dates of the date of termination. This includes, but is not limited to, the removing any display of Accessible Qualified certificates, removing any Accessible Qualified stickers from the entrance to the property and removal of any AA branding or mention of Accessible Qualified from websites and social media.
13.General
13.1 This Agreement is the sole and exclusive record of the agreement between AA and the Operator and shall not be varied or altered in any way unless agreed to in writing and signed by both parties.
13.2 This Agreement does not constitute any partnership between AA and the Operator.