AGENT TERMS OF USE
These Agent Terms of Use (these Terms) govern the terms upon which you as the entity using the booking tool (you) facilitate Bookings through the Approved Platforms provided by us (us/we).
Please read these Terms. Defined terms are indicated by capitalization, and where these terms are not defined in the text, they are defined at the end of these Terms. By facilitating Bookings for End Customers through the Approved Platform you agree, acknowledge and represent to us that:

  • Your representative has read and understood these Terms on your behalf;
  • You agree to be bound by these Terms without modification; and
  • Your representative entering into the agreement created by acceptance of these Terms has the power, capacity and authority to enter into these Terms and to bind you. 
  • AGENT OBLIGATIONS
    • Content. You will not change, amend or misrepresent any of the information, content or data (Content) relating to the Hotel Information that is provided in the Approved Platforms.
    • Access to the Approved Platform. You must:
  • only input the End Customer’s data in the Approved Platform and solely for the purpose of facilitating Bookings; and
  • ensure that the End Customer’s data and any other information submitted to the Approved Platform is complete and accurate.   
    • Bookings. Prior to the completion of a Booking, you must:
  • ensure that the End Customer is aware of any limitations or restrictions that apply to their Booking, including whether the End Customer is allowed to make any cancellations or changes to their Booking and the consequences of the same; and
  • not make any verbal or written assurances to an End Customer which are additional to or are contrary to: these Terms which includes promising an End Customer that their special request will be met.

You shall be solely responsible and liable to use in respect of any representations or special requests made or confirmed to the Customer without our prior written authorization and approval.

We may from time to time require you at your own cost to demonstrate your ongoing compliance with this Section 1.6. You shall upon our written request, send copies of booking confirmations, booking details and give access to such other information, systems and/or documentation as is reasonably necessary to demonstrate your compliance with this Section 1.6. Without prejudice to any other rights or remedies available to us or our Group Members, if you are in breach of this Section 1.6 we may restrict access to Package Products with immediate effect and may terminate these Terms.

Applicable Data Protection Law(s) means all data protection and privacy laws and regulations that are applicable to you (including, if you are established or use data processing equipment in the European Economic Area, European Union Directives 95/46/EC and 2002/58/EC (as implemented, amended or replaced));

Data Breach means any unauthorized access, loss, destruction, theft, use or disclosure of End Customer Data;

Data Controller, Data Processor, Personal Data and Processing have the meanings set out under Applicable Data Protection Law;

End Customer Data means any information relating to an identified or identifiable individual End Customer who views, enquires about, books or has stayed at a hotel in accordance with their Booking and relates only to Personal Data which is Processed under these Terms.

  • You warrant that you have complied with and will comply with all Applicable Data Protection Law(s).You will ensure that you display a compliant and accurate privacy policy and cookie notice (if required) on your customer facing websites.
  • You shall:
    • implement appropriate operational and technical measures to protect the End Customer Data against any Data Breach; and
    • promptly notify us if you suffer a Data Breach, giving full details of the same and providing us with such reasonable cooperation as it may require in order to remedy or mitigate the effects of the Data Breach.
  • You warrant and represent that you will:
    • only obtain, use, transmit and store End Customer cardholder data to the extent required to comply with your obligations under these Terms;
    • where you obtain, use, transmit, store or process End Customer’s cardholder data, you will comply with the Payment Card Industry Data Standard Security Requirements (PCI DSS) as issued by the PCI Security Standards Council, as updated from time to time;
    • provide us with a copy of your annual certification of compliance;
    • promptly notify us of any breach of the PCI DSS or any other unauthorized access to End Customer cardholder data.

YOU AGREE THAT EAN AND NUMINOUS MAKE NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE HOTEL INFORMATION. YOU AGREE THAT EAN AND NUMINOUS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, OBLIGATIONS AND LIABILITIES ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE HOTEL INFORMATIONS, INCLUDING WITHOUT LIMITATION ANY: (i) IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; OR (iii) IMPLIED WARRANTY OF NON-INFRINGEMENT. 
YOU AGREE THAT EAN AND NUMINOUS WILL HAVE NO LIABILITY TO YOU OR ANY END CUSTOMERS RELATING TO: (A) ANY FAILURE OF THE SYSTEMS OF US OR ANY THIRD PARTY THAT RESULTS IN THE FAILURE OR INABILITY TO PROCESS A BOOKING; OR (B) THE QUALITY OF THE HOTEL INFORMATION PROVIDED BY TRAVEL SUPPLIERS TO END CUSTOMERS.

  • DEFINITIONS AND INTERPRETATION
    • Definitions. In these Terms, the following definitions apply:

Applicable Laws: as defined at Section 1.5 of these Terms;
Approved Platform: the websites and/or platforms you use to market the Hotel Information;
Booking: the booking of a Hotel Information through the Approved Platform;
EAN: means EAN.com LP;
End Customer: the individual or corporate customer undertaking the Booking, or on whose behalf the Booking is being made;
End Customer Issue: as defined at Section 1.4(b) of these Terms;
End Customer Terms and Conditions: the terms and conditions applicable to Bookings, including any applicable privacy policy, as updated and notified to you from time to time;
Group Member: an entity that, directly or indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with an entity;
Hotel Information: the rate and availability information that Numinous LLC make available to us (at its sole discretion) from time to time;
Numinous: means Numinous LLC, a Group Member of EAN.com LP;
 Package: the booking of accommodation together with a travel component (air, rail and car only);
Term: as defined at Section 3.1 of these terms;
Working Day: Monday to Friday excluding bank holidays in England.

    • Interpretation.

In these Terms, except where the context requires otherwise:

  • references to sections or schedules shall be to sections of and schedules to these Terms. Headings are inserted for ease of reference and shall not affect interpretation;
  • persons includes natural persons, firms, partnerships, companies, corporations, and words suggesting a gender shall include all other genders, words denoting the singular shall include the plural and vice versa;
  • references to statutes, statutory instruments and government regulations shall be deemed to include any modification, amendment, extension or re-enactment thereof from time to time;
  • the expressions including, include, in particular, for example and any similar expression shall not limit the preceding words;
  • references to writing and written include communication by email including all related attachments;
  • a reference to any agreement or document means that agreement or document as amended or varied by written agreement between the Parties from time to time.