GENERAL CONDITIONS

1. ACCESS AND AVAILABILITY
IXPIRA will act as an intermediary in a non-exclusive access in favor of The Client for availability requests, booking and the confirmation of hotel reservation. IXPIRA does not guarantee specific product allotments, but rather the supply thereof by availability.
XML integration is the connection between IXPIRA database on products, availability and prices, accessible via IXPIRA software, and The Client's database.

2. XML INTEGRATION
The Client will develop the XML integration, following the API specification provided, in order to get access to IXPIRA product content and to purchase product(s) from IXPIRA. Both parties will cooperate in testing the integration before proceeding with the connection. Once the necessary tests will be passed, IXPIRA will authorize the go live. IXPIRA is entitled to make changes on the API providing The Client as much notice as possible.

Product Content shall regularly and systematically be updated on monthly basis. Product Content provided including (but not limited to) text, pictures or any other media, is allowed to promote the sale of IXPIRA products only. Any other use that falls outside the above mentioned is explicitly prohibited and a violation of the Terms and Conditions of Use.

IXPIRA shall be entitled to suspend Client's use of the Booking System via XML and/or the use of the Website in the event that, in the reasonable opinion of IXPIRA, the Client's use of the API or the Website does not comply with those terms.
In the event The Client will stop purchasing Products for a period longer than 3 months, IXPIRA reserves the right to suspend the use of the XML connection and/or the Website, including the access to the Product Content.

3. RATES AND BOOKING CONDITIONS
The prices are confidential and may not be disclosed to any party outside the Agreement. Any abuse of the rates will result in access to IXPIRA software and/or website being denied, and the cancellation of all the reservations held.

All rates are valid for the leisure market, FIT basis. Groups bookings (over 5 rooms) performed via XML or via the Website are not allowed even if performed in separate reservations. Block booking of accommodation reservations for future sales is forbidden under any circumstances or at any time. IXPIRA reserves the right to cancel any reservations made for these purposes without liability.

The Client will obtain the net prices via XML of all products including direct or indirect taxes (except local charges to be paid at the hotel by the end-client). Rates will be confirmed at the time of booking. These could override any previously quoted rates.
The Client shall be invoiced according to current prices at the time of online confirmation of reservation. Price does not include any service not specified in the reservation confirmation. Any kind of duty or tax is also excluded, being the responsibility of the client making the reservation. Any extra services are not included such as telephone calls, insurance, laundry service, minibar, parking, etc. which shall be paid directly by the final consumer.

The Client cannot assume that the booking has been confirmed, amended or cancelled until an XML message has been produced by IXPIRA. It is the sole responsibility of The Client to make sure that the request has been taken in-charge and elaborated.

The voucher issued by The Client must indicate that it is payable by Travel Compound designated in the voucher issued by IXPIRA and must include its reference number.

Once a booking has been confirmed, modification and cancellation is allowed via XML. Booking conditions and cancellation terms are provided via XML. In the event of late modification, late cancellation and no show, charges will be applicable in line with the agreements finalized with the product provider.

In case of early check out, any claim for eventual reimbursement shall be addressed to IXPIRA within ten days of the effective date of departure, together with the written confirmation from the accommodation establishment of time and date of departure. During peak occupation season the hotel may charge the full amount of the original reservation, in which case reimbursement to the final consumer shall not apply.
Cancellations and amendments agreed directly by the end-customer with the product supplier, will be debited in line with the agreements finalized with the product provider.

If for exceptional reasons the cancellation should not be made via XML or via the Website, it must be sent in writing to IXPIRA detailing the destination and reservation number. IXPIRA shall send acknowledgement of receipt and inform of all the charges, if any, which may be applicable. The Client shall be responsible for obtaining the confirmation and/or acknowledgement of receipt of the cancellation of the reservation.

In case of no show, no reimbursement to the final consumer shall be made without prior consultation with, and express authorisation from IXPIRA, who shall inform The Client of charges payable, which may vary from the cost of one night (for hotel reservations) to 100% of the amount of the reservation.

In the event of errors beyond IXPIRA control, either clerical or technical, IXPIRA reserves the right to cancel the booking, assisting in reserving a re-accommodation.

4. PAYMENT
To Confirm the booking you have to paid the 100% of the reserve. Once your on request reservation has been confirmed the deadline payment is three days. Then you have to paid the 100% amount.

Instant bank transfer with MyBank

5. CLAIMS
The Client shall notify to IXPIRA any complaint related to a Product purchased during the period of stay by the final consumer at the accommodation establishment or during the service reserved. Any claim has to be reported at last within 20 days after the end-customer finishes the service reserved.

Full details must be provided in writing. IXPIRA will not be held liable in the event that The Client will not notify a situation that could have been resolved at the time. Claims made after the above specified period or missing on details may not be considered.

IXPIRA will provide the information supplied by the hotel regarding the existence of works of refurbishment or renovation of the establishment, as well as duration thereof and shall not accept claims for works about which it has not been informed or which extend beyond the planned date of conclusion thereof.

 

6. LIABILITY
Neither party shall be liable for any indirect, special or consequential loss, including economic loss, which term shall include loss of profits, loss of use of profits, business, revenue, goodwill or anticipated savings.

IXPIRA acts as an independent intermediary in the contracting of accommodation and other services, and shall thus not be held liable for death, injury, illness, damage, loss, accident, theft, delays or any other irregularity which may arise, whether directly or indirectly, from the supply of services by the hotel or other suppliers and which have been contracted via this system.

The Product Content provided by IXPIRA is posted in good faith but IXPIRA cannot guarantee that it is completely free from typographical errors and inaccuracies and does not accept liability for any error or omission on this site. The information on the hotels and other services provided is accurate as possible given that the data is provided by the service supplier; IXPIRA is not liable for any inaccuracies in the information if shown to be different from that provided by the service supplier.

7. CONFIDENTIALITY AND DATA PROTECTION
The Client recognises the confidential and reserved nature of the information received from IXPIRA, and therefore undertakes not to disclose its contents to third parties either during the validity of this Agreement or following the termination thereof.

Confidential information shall be deemed as any information or data, whether or not it has been drawn up in hard or soft copy or in any other support that is already in use or that could be invented in the future, which IXPIRA notifies or provides to The Client or that the latter may have access to with or without the knowledge and/or express consent of IXPIRA.

Total or partial disclosure of any of the confidential information to which The Client may have access to third party individuals or companies by means of contracting and performance of its services shall be expressly prohibited.

A strictly confidential and personal access code to the system will be set up and will be reserved unique and exclusively for the purpose of this Agreement. No access code can be transferred or disclosed to any third parties.

The Client guarantees that its employees, suppliers, sub-contractors, customers and any other parties related to the present agreement fulfil the confidentiality commitments contained in this document. The required measures must be adopted for such purpose and The Client shall be responsible for any claim or damages caused by the non-fulfilment of this obligation.

The parties will notify each other of any unauthorized misuse, theft, disclosure or other loss of that party's Confidential Information immediately after learning the same.

The Client warrants that each of its customers has given express consent to the processing of their Personal Data by IXPIRA; by hotels, service providers and any other third parties engaged by IXPIRA for the purpose of dealing with bookings of Product; and the export of their Personal Data to any country in the world. Any personal data shall be understood as obtained, treated and transmitted with strict observation and compliance of the requirements set forth by any relevant data protection and privacy legislation which arise in connection with this Agreement any legislation that develops, adds to and, when appropriate, replaces them.
IXPIRA undertake to observe professional secrecy regarding such data, even when their relationship has terminated and to ensure that the staff performing the services abide by the aforementioned obligation.

8. INTELLECTUAL PROPERTY
The Client acknowledges and agrees that any element and intellectual property rights pertaining thereto (including without limitation all copyrights, patents, trademarks, service marks and trade secrets, domain names, drawings, emblems, logos, symbols, designations or names which include or are confusingly similar to or a plausible imitation of any trade mark, logo, domain name or brand name used by the other party and any other that may arise in the performance of this Agreement) in IXPIRA Booking System (including without limitation its terms and conditions, rules, policies and operating procedures, and IXPIRA's Confidential Information), received or acceded are the exclusive property of IXPIRA or its suppliers.

IXPIRA grants to The Client a non-exclusive, personal and non transferable license to see and use all the elements provided and/or included in the accommodation and other services contents (texts, photographs, descriptions, maps…) available in his Booking System. The duration of this license shall be submitted to the duration of the commercial agreement between both parties. License can be revoked by IXPIRA at any time giving 30 days previous notice.
The Client shall not be entitled to grant sub-licenses and any user may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this website or the underlying software code whether in whole or in part without IXPIRA's prior written permission.

The Client will indemnify IXPIRA for any damage or loss suffered by IXPIRA caused by the infringement of Intellectual Property Rights in the Product Content or API, or unauthorised access to the Booking System.

9.TERMINATION
Either of the Parties may terminate the contract in advance at any time, without express cause providing a certified notice to the other Party at least 90 days prior to the date scheduled for the termination to take effect.
IXPIRA may terminate the Agreement in advance and immediately in the event of:

• - The breach by the The Client, even temporarily, of its obligations in accordance with this Agreement, along with a compensation for any appropriate damages and losses.


• - The Client ceasing to do business and/or becoming unable to pay debts when they are due and any other circumstances of The Client that, in the opinion of IXPIRA, could entail a risk of solvency.

This early termination may be notified by e-mail either to the e-mail address which is usually used by the Parties to exchange information about the effects of this agreement and/or to the e-mail address of their signing representatives.

Upon termination of this Agreement for any reason, Parties will continue to comply with obligations of an ongoing nature, that will persist following termination, except for what is established in this agreement and each party shall delete or destroy any Confidential Information belonging to the other party according to the written instructions of the other party.