ZINANTIS
Terms & Conditions
FPH is registered in Spain with company number B-57940066, whose registered office is at Calle Sindicato, 69-6, 07003 Palma de Mallorca, Spain (“FPH”, “The Platform”) and
FPH acts a non-exclusive agent to procure Bookings for the Accommodation through its Distributors.
Supplier appoints the Platform as its worldwide, non-exclusive distributor to procure Bookings for the Accommodation through its distributors and the Platform accepts such appointment subject to the terms and conditions.
Supplier acknowledges that the Platform acts as a distributor only and will not assume any hotelier obligations.
COMMERCIAL MODEL
Supplier shall
- ensure that each Accommodation complies with all applicable local and national laws, licensing requirements and industry regulations.
- ensure that each Accommodation complies with all relevant health and safety requirements and regulations and ensure that health and safety audits are carried out regularly in respect of each Accommodation
- ensure that all pricing, content and information relating to each Accommodation is accurate, up to date and not misleading.
FPH shall
- shall arrange for Guests to enter Bookings via its Distributors,
- ensure that Guests accept the Booking Conditions before a Booking is made and that the Supplier is named in all documentation issued to Guests,
PRICE, INVOICING AND PAYMENT
Supplier shall provide FPH with:
-
a net rate. Such net rate shall include all indirect taxes applicable to the country where the Accommodation is located.
-
provide net rates with a commission based on public rates and specify the amount of commission for FPH to calculate that public price.
Invoicing and payment shall be carried out in accordance with the property directly. FPH has multiple payment options depending on how the Supplier want to receive payments.
CHANGES
Supplier shall not significantly alter the Accommodation less after booking except in the case of Force Majeure. Any alteration to the Accommodation must be notified to FPH.
If Supplier cancels a booking as a result of Force Majeure, Supplier shall refund FPH the full amount of the Booking.
If pricing information provided by Supplier is inaccurate, Supplier shall bear the cost of any increased price of the Booking.
​
COMPLAINTS
Supplier authorises FPH and its Distributors to liaise directly with Customers in respect of any complaints.
FPH shall inform Supplier of any complaints from Customers and Supplier shall work together in good faith with Agent to respond to the Customer within 21 days.
TRADEMARKS
Each party acknowledges and agrees that all Marks used by the respective parties to this Agreement remain the exclusive property of the owning party.
Each party will refrain from any action that would prejudice the other’s Mark, including creating or using any likeness of a Mark or anything similar and bidding on similar domain names or key words.
LIABILITY
Supplier warrants that it holds liability insurance with a reputable insurer covering an amount that is consistent with best industry practice, such insurance to include all third-party risks, including liability for damages for death or any personal injury whatsoever suffered by Guests. FPH shall have the right to request Supplier to provide copies of such insurance for inspection at any time.
FPH’s maximum aggregate liability (howsoever arising) in connection with this Agreement shall be limited to ten percent of the average monthly total of Bookings made by Guests under this Agreement in the three-month period prior to any claim arising. Any claim over and above this amount shall be the responsibility of the Supplier.
FPH shall not be liable for any consequential or indirect loss or damage arising out of or in connection with this Agreement nor with the Agreements stablished between Distributor and Supplier.
8Nothing in this Agreement shall operate so as to exclude or limit the liability of either party for death or personal injury arising out of their own negligence, or for any other liability which cannot be excluded or limited by law.
TERM and TERMINATION
Either Party may terminate this Agreement immediately on notice in writing to the other Party if: (i) the other Party commits a material breach of any of its obligations under this Agreement which is incapable of remedy (ii) the other party fails to remedy, where it is capable of remedy any breach of its obligations under this Agreement within 14 days after receiving written notice to do so; (ii) the other Party ceases or threatens to cease to trade, becomes unable to pay its debts, admits its inability to pay its debts or becomes insolvent; (iii)the other party has a receiver or administrative receiver appointed, passes a resolution for winding up, becomes subject to an administrative order or enters into a voluntary arrangement with tis creditors (iv) or anything equivalent to any of the events or circumstances stated in this clause occurs in any applicable jurisdiction.
​
The expiry of termination of this Agreement for whatever reason shall not affect any provision of this Agreement which is expressly or by implication intended to come into force or continue in force or or after such termination. Each party shall honour any Bookings made before the date of termination and, for this purpose, each party shall continue to comply with all obligations in this Agreement which are reasonably necessary for the purpose of honouring such Bookings
DATA PROTECTION
Each party agrees to comply with the Data Protection Directive 95/46/EC, the General Data Protection Regulation 2016/679/EU (GDPR) and all other applicable Data Protection legislation which is in force or may come into force from time to time (the “Data Protection Legislation”) in relation to the collection and processing of “Personal Data.
Each party shall ensure that it has in place or shall establish and maintain adequate security procedures and controls to prevent unintended disclosure of and unauthorised access to personal data or information of Customers.
CONFIDENTIALITY
Each Party shall keep and procure to be kept secret and confidential all Confidential Information belonging to the disclosing party and disclosed or obtained as a result of the relationship of the parties under this Agreement and shall not use or disclose the same save for the purposes of the proper performance of this Agreement or with the prior written consent of the disclosing party.
Each party shall use its best endeavours to ensure that Confidential Information within its control is kept securely protected against theft or unauthorised access, and in any event shall maintain its security, integrity and confidentiality to at least the same standard as it applies to its own confidential information.
FORCE MAJEURE
If either party is affected by Force Majeure, it shall not be liable to the other party and shall be released from its obligations under this Agreement to the extent that its ability to perform the obligations under this Agreement has been directly affected by the Force Majeure Event, provided that it has promptly given notice to the other party of the nature and likely duration of the Force Majeure event.
If the impact of Force Majeure continues for a period of 30 consecutive days, either Party may, by written notice, terminate this Agreement with immediate effect.
DISPUTES
If any dispute arises between the parties under or in relation to this Agreement it shall first be referred to the sales directors of each party. If it cannot be resolved to the satisfaction of all Parties within 15 working days it shall be referred to the chief executives/managing directors of each Party for resolution.
​
Any notices must be in writing (which for these purposes includes e-mail) at the address set out in the Specific Terms to this Agreement by personal delivery with confirmation of receipt, by mail or by electronic mail provided that there is evidence of receipt by the addressee.
Neither party may assign this Agreement without the prior written consent of the other party, which
FPH CONTACTS
Customer Service & Support
For payments: payments@zinantis.com
For inventory management: itsupply@zinantis.com
For bookings: maria.navarrete@zinantis.com
Others: itsupply@zinantis.com