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Qunar.com Hotel Booking Service Agreement
Party A: T-SMART INFORMATION TECHNOLOGY PTE. LTD.
Address: 50 Raffles Place, #30-21 Singapore Land Tower Post Code:048623
Contact Person: Krittakorn Fongsathean ; Phone: +66 899562179 ; Fax: +65 66323600 ; Email:
k.f@qunar.com
*Party B:
*Hotel Name:
*Address:
*Contact Person:
*Phone: ;Fax:
*Email:
This Agreement is concluded by and between Party A and Party B through mutual consultation on the
basis of equality, and is executed on Date of * .
* Monomer Hotel Group Hotels
I.Service Contents
Party B authorizes Party A to display the information of Party B’s hotel and render such services
as hotel booking, prepayment and agency collection of hotel fee via the website, mobile phone
client, email and other information publishing platforms (collectively referred to as the
“Information Platforms”), and accordingly charges the commission. Party B builds its hotel homepage
via the Ebooking Hotel Management Backend System or other upgraded operation platform ("Hotel
Management Backend") provided by Party A, and automatically, in a self-help and autonomous
manner, display Party B`s product information, including hotel images, room types, price,
introduction, etc., on the information platform, and from time to time release and update such
product information, check the booking status of the consumer and manage the orders.
II. Service Mode and Charging Standard
1. According to the information of hotels provided by Party B, Party A conducts display and
promotion on its pages of relevant channel, like hotel channel. After the consumer place an order
and make the payment online, such payment shall be collected by Party A with an immediate deduction
of the commission, the remaining of which shall be settled to Party B as the room rate. Party B
provide room rate (including tax) to Party A for Party A`s display, sale and settlement. The
commission deducted by Party A is pre-tax commission.
2. See Appendix 1 for the product information and the price quote of commission of Party B. Party B
may also provide product information via price list and Hotel Management Backend to Party A.
III. Settlement Method
1. The settlement shall be conducted according to the consumers' check-out time monthly; namely,
the room rate of during last month shall be settled before the fifth of each month (be extended to
next working day when such day coincides with holiday or festival). Where the payment to be settled
has reached * or more, Party A shall remit the room rate to the beneficiary account
designated by Party B before the Friday of that week (Date of receiving of room rate varies between
banks). However, any reasonable refunds or compensations to consumers during the previous
settlement period, if any, shall be deducted from the corresponding period when making the
settlement. Where the consumer cancels the order before the booked check-out time, no commission
will be
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charged. Where the payment is less than* , Party A shall be entitled to postpone the
payment until the settlement period where the payment has reached* .
Currency of settlement above is * .
2. See the following table for the beneficiary account of Party B. Party B shall warrant the
accuracy of the beneficiary account and bear the loss arising from the provision of erroneous
information. Party B shall notify Party A in writing of any change to the beneficiary account, if
any, ten (10) working days in advance.
*Name of the Merchant
*Financial Officer
*Financial Officer Phone Number
*E-mail(For receiving bills)
*Beneficiary Account Number
*Name of Beneficiary
Address of Beneficiary
*Bank Name
*Bank Address
Branch Bank Routing Mode&Code SWIFT Routing SWIFT CODE:
Others: Routing CODE:
3. The products of Party B shall be displayed and transacted on the information platform in RMB.
Party B hereby agrees that Queen`s Road Travel Information Co., Ltd, the affiliate of Party A, will
collect RMB from consumers on behalf of Party A and entrust the bank or payment platform of a third
party to settle such payment in* to Party B. If required, Party B shall open a special
account for collection in the bank designated by Party A or the payment platform of the third
party.
IV. Party A’s Rights and Obligations
1. Display of Information: Party B shall, subject to Party A`s requirements, provide the necessary
product information for the display of hotel information, and ensure its accuracy, legality and
authenticity. Party B authorize Party A to, for the purposes hereof, use such product information,
Party B`s registered trademarks, LOGO, Hotel Name, trade name, images, etc.. In case of any loss
suffered by Party A and the consumer due to Party A`s legal use of such product information and
content, Party B shall indemnify for all such losses.
2. Consumer`s complaints and disputes: where the consumer lodges a complaint against the products
or services of Party B or the hotel, Party B shall timely settle such compliant in accordance with
the laws and regulations, industrial standard and commercial practice where the hotel locates.
Where Party A suffers any loss due to such complaint, Party A is entitled to deduct relevant
compensation for the consumer from the agency collection of room rate.
3. Service and commission: Party A shall charge commission which is equal to * 12% of net room rate
from Party B and issue the legal receipt with the amount equivalent to that charged from Party
B.Net room rate refers to the online sale price deduct service charge and GST.
V. Party B’s Rights and Obligations
1. Qualification: Party B shall provide legal and effective qualification certificate as required
by
Party A. Where this Agreement cannot be performed normally or the consumers suffer any loss in
their rights and interests on account of Party B’s qualification, Party B shall undertake the
consequence incurred therefrom.
2. Allotment: Party B shall warrant that it shall provide Party A with a certain quantity of
reserved room every day available for the consumers' free booking. Where the quantity of rooms is
tight, Party B shall update relevant information in advance through the system interface.
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3. Refusal of order: In the event that consumers cannot check in normally at the price of
reservation on account of Party B or the hotel, Party B shall upgrade the guest room free of
charge; or, after obtaining the consent from consumers, arrange the consumers to other hotel with
the same
quality in the same area, and assume relevant expenses, like the traffic expense and room rate
difference. Where Party B cannot realize the aforesaid arrangement, it shall refund the room rate
paid by the consumer and pay the one-day room rate as the compensation. In case that the local laws
and regulations, industrial standard and commercial practice where the hotel locates provide
preferential provisions for the consumer, such preferential provisions shall prevail.
4. Refund: Refund rules shall be explicitly provided to Party A`s system by Party B, and shall be
of legality. In case of any refund request, Party B agree to execute the refund timely according to
the published refund rules.
5. Invoice and taxes: Party B is responsible for providing Party A with full-amount legal receipt
(invoice). Taxes levied by relevant governmental organization for the execution of this Agreement
according to relevant laws shall be borne by corresponding parties respectively. Without written
consent from Party A, Party B cannot withhold and remit any tax for Party A.
6. Protection of consumers’ rights and interests: Party B shall protect the consumers' rights and
interests according to the relevant laws and regulations where the hotel locates. Where consumers
suffer any loss on account of Party B`s violation of relevant laws and regulations, Party B shall
independently undertake relevant liabilities, which is irrelevant to Party A. Party A only
undertakes the liability relating to the network technical services offered by it.
7. “EBooking” System: Party B may use the "Hotel Management Backend" to check the booking of the
consumer, manage the orders, receive Party A`s notice and realize other functions. All the
operation conducted by Party B via the “EBooking” System by logging in with such ID information
shall be deemed as Party B`s or its authorized acts. Party B agrees and confirms that all the
rules, announcements and notices in the “EBooking” System, after approved by Party B or the hotel,
shall constitute the effective part hereof, and shall have the same legal force as this Agreement.
VI. Liabilities for Breach
1. In the event that either party violates the provisions herein, or business ethics or the laws or
damages or commits any behavior sufficient to damage the benefit of the other party, the
non-defaulting party may notify the other party in writing of terminating this Agreement
immediately, unless otherwise provided herein.
2. This Agreement is governed by the law of Republic of Singapore. Any disputes between the Parties
shall be firstly subject to friendly negotiation. Where such negotiation fails, the disputes shall
be brought to Singapore International Arbitration Center to be arbitrated in accordance with
current effective arbitration rules. The arbitration award shall be final and binding on both
Parties.
VII. Miscellaneous
1. Both Parties commit that they will not reveal any contents concerning negotiation or discussion
and any contents relating to this Agreement to any third party.
2. Both Parties agree that The Contracts (Rights of Third Parties) Act 2001 shall not apply to this
Agree