RFPMAKER – HOTEL SUBSCRIPTION TERMS AND CONDITIONS – AGREEMENT
- RFPMaker is a brand and brand name for any services supplied by Shevana ApS
- RFPMaker is fully owned by Shevana ApS
- RFPMaker is an online platform which facilitates direct connection between hotels and companies and large associations with the aim to find the best volume accommodation deals and for hotels to establish a steady recurring customer group and to reduce their OTA commissions significantly
- The specific hotels to this Agreement are referenced herein as HOTEL
COMMENCEMENT AND TERMINATION
This Agreement enters into force upon the Parties mutual acceptance hereto which is identified as the date of receipt of HOTEL´s payment according to § 2 herein and remains in force for 12 months hereafter.
Either Party has a right to give notice of cancellation of the Agreement giving a minimum of three months’ notice prior to the expiry date which is 12 months after the initiation date defined herein.
If no Party has given notice of cancellation, the Agreement is automatically renewed and remains in force for another 12 months period.
PAYMENT AND ACTIVATION
HOTEL´s license fee covering a 12 months period must be paid and received by RFPMaker before HOTEL´s account is activated.
Subscription fee price groups:
- Hotels with 1 to 49 rooms – 199 EUR annually
- Hotels with 50 to 199 rooms – 249 EUR annually
- Hotels with more than 200 rooms – 499 EUR annually
- Major hotel chains – subject to negotiation
RFPMaker reserves the right to change the prices for the subscription groups no more than once a year. The price change information will be published according to the provisions contained in § 6 herein.
Payment of the subscription fee can be made through:
- Payment online via Stripe. If HOTEL uses a third-party bank card to pay for subscription via stripe, HOTEL is required to notify the third party that a 1-year repayment may be automatically recharged from the cardholder. HOTEL is responsible for informing the third person about the possibility of recharging money and is obligated to reimburse the amount of the subscription to such a cardholder independently.
- Payment by bank transfer shall be made subject to receipt of invoice in PDF format via e-mail, sent to the specified e-mail address of the hotel’s financial manager, or to all email addresses specified in HOTEL´s account on the RFPMaker platform. Transfer time may take up to five banking days before payment is received by RFPMaker
Payments as described above are to be transferred to banking coordinates as follows:
Bank: Jyske Bank
Currency account: EURO
BIC address: JYBADKKK
Upon renewed Agreement pertaining to § 1 herein, the license fee will be automatically charged 7 days before expiry date. Payment must be settled within 15 days after expiry date, subject to HOTEL´s receipt of invoice in PDF format via e-mail.
In addition to the yearly subscription fee as referenced herein, RFPMaker is entitled to 2 EURO per booked/realized room night at HOTEL for all bookings made by employees, members, or associates of the organizations introduced by RFPMaker via the RFPMaker platform to HOTEL.
HOTEL agrees to present RFPMaker with a monthly room night production report by the end of every month, showing all completed bookings and number of client’s nights at HOTEL, pertaining to clients referred to HOTEL via the RFPMaker platform.
Regardless the companies or associations – the clients – may not select RFPMaker´s booking engine and the production takes place through one of the GDS, or third-party booking engines, or even through a voucher code; HOTEL agree to present monthly production reports to RFPMaker.
The fees are calculated according to the clients´ actual spent number of room nights, regardless if this number is higher or lower than the original booking.
Payments of fees pertaining hereto are due on a monthly settlement basis to be bank transferred at latest 15 calendar days in the month following the settlement month.
Payments including a HOTEL ID to be provided by RFPMaker are to be transferred to banking coordinates as referenced in § 2 herein.
VALUE ADDED TAX (VAT)
According to the Danish legislation the following VAT rules apply:
- Entities based in Denmark will have 25% VAT applied to invoices
- Entities based in countries within the European Union (EU), other than in Denmark, will not have VAT applied to invoices, so long as a VAT number is provided. Entities who do not provide a VAT number may have an additional 25% VAT applied
- Entities outside the EU, no VAT is applied
Any rights including but not limited to patents, trademarks, copyrights, software rights, licensing rights, and proprietary know-how that exist prior to this Agreement as well as any such rights that might be developed after commencement of this Agreement are deemed property of RFPMaker.
Any use of the logos, patents, trademarks, or other rights belonging to RFPMaker are subject to prior written approval by RFPMaker.
Failure to comply with this provision shall be construed as substantial breach of Agreement.
All terms and conditions herein are published on the official RFPMaker website.
Any changes and modifications to said terms and conditions must be published on the official RFPMaker website to take effect after expiry of HOTEL´s actual contract period.
HOTEL is to maintain complete confidentiality with respect to any and all information acquired under this Agreement. This clause of confidentiality is to remain in force indefinitely. Failure to observe this confidentiality clause is to be construed as a substantial breach of Agreement.
HOTEL is not allowed to circumvent and enter into any direct agreements with the employees, members, or associates of the companies or organizations introduced to HOTEL by RFPMaker via the RFPMaker platform. A circumvention is defined as any activity or agreement which consequently deprives RPFMAKER of its revenue pertaining to HOTEL´s annual subscription fee referenced above, and the fixed transaction fee referenced in § 3 herein.
Any breach by HOTEL of this clause irrevocably obligates HOTEL to compensate RFPMaker and pay the hotel subscription fee pertaining to § 2 herein and pay the aggregate fixed transaction fee pertaining to
§ 3 herein for a period of two years counting from the date of the registered breach of contract.
JURISDICTION and DISPUTES
The Parties are committed to solve any disputes arising from this Agreement in amicability.
Any disputes that cannot be settled in this way will be handled by arbitration with seat in Copenhagen, Denmark and subject to Danish jurisdiction and subject to the arbitral organization’s rules and regulations and current legislation.
AGREEMENT EFFECTIVE DATE
This Agreement takes effect according to §1 herein.