Terms and Conditions - For Agents

  1. General Terms
    • Accommodation: any rooms or suites of rooms in hotels or other buildings which are available to the public to let.
    • Accommodation Provider: the Entity that provides the Accommodation.
    • Additional Items: the pre-arranged transfer transport to the Accommodation; car hire, or excursions.
    • Agent: any Entity that sells or buys Packages and is as the case may be a Business to Business Agent or a Business to Consumer Agent.
    • Agent Group: Business to Business Agents and Business to Consumer Agents.
    • Bank Guarantee: the security that Travco requires as is set out in the Letter.
    • Booking: the reservation of Accommodation by Travco on behalf of the Agent.
    • Business to Business Agent: those Agents who will make a Booking with a view to selling the Booking to another Agent.
    • Business to Consumer Agent: those Agents who require a Booking for a Package they assemble for the Tourist.
    • Business Day: a day (other than a Saturday or a Sunday) when clearing banks are open for the conduct of normal banking business in London.
    • Cancellation Period: the period of time in which the Agent can make a Change without incurring cancellation charges. This will typically be 48 hours before the Booking commences but other Bookings (typically those coinciding with trade shows or other popular events) will have longer Cancellation Periods.
    • Change: any subsequent amendment or cancellation made to a Booking by Travco or an Agent.
    • Claim: any right of legal action, right to be compensated or any other right of redress that the Tourist may acquire as a consequence of the Booking.
    • Conditions: this document.
    • Contact Details: the contact phone numbers and email addresses as are set out in the Schedule.
    • Credit Limit: the sum detailed on the Letter which will be calculated in accordance with clause 11.1.
    • Currency Bank Account: Travco’s bank accounts; the details are set out in the Schedule.
    • Entity: any company, sole trader, partnership or limited liability partnership.
    • Letter: the letter signed by the parties in which they agree that these Conditions will govern their relationship.
    • Package: any purchase made by or for a Tourist that comprises transport and any Additional Items.
    • Platform: the software whether XML Interface or OBS (online booking system) which enables Agents to make Bookings.
    • TNR: the competitive rates per Booking that Travco is able to negotiate Accommodation Providers.
    • Travco Booking Confirmation: confirmation received of the Booking from Travco which includes a Travco booking reference number.
    • Travco Products: the travel related products (whether these constitute a Package of otherwise) that Travco offer to sale to the Agents.
    • Tourist: any person that enters into a contract with an Agent whereby the Agent sells a Package.
    • Voucher: the document issued to the Tourist by the Agent which the Tourist exchanges in order to access the Accommodation. All Vouchers issued must include a Travco booking reference number and must state that the Booking is booked and paid by Travco.
    1. Headings in these Conditions shall not affect their interpretation.
    2. A reference to writing or written includes e-mail.
    3. Any obligation in these Conditions on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
  2. Application of these Conditions
    1. These Conditions shall prevail over any inconsistent terms or conditions contained or referred to in any purchase order or order confirmation produced by the Agent, acceptance of a quotation, specification or other document supplied by or implied by law, trade custom, practice or course of dealing.
    2. By making a Booking the Agent acknowledges and accepts the Conditions in their entirety. It is the Agent’s responsibility to read these Conditions, along with any documentation provided by Travco that applies to the making of any Booking.
  3. Introduction
    1. Travco acts as an intermediary and not as a principal when making Bookings and is therefore not liable for any Claim that the Tourist may have against any Entity that arises from the Package.
    2. By giving Agents access to Travco Products, Travco enables Agents to make (1) bespoke Bookings on behalf of Tourists who are Fully Independent Travellers (“FITs”) or (2) group bookings. Travco will have no dealings with the Tourists.
    3. These Conditions set out Travco’s dealings with:
      1. Business to Consumer Agents; and
      2. Business to Business Agents.
    4. Travco provides each Agent Group with a distinctive Platform and it is the responsibility of each Agent to ensure that it is connected to its Agent Group’s Platform. Some Agents will be given access to both Platforms.
    5. Any Agent found to have incorrectly connected and thus violated the Travco XML distinction policy will be required to pay a penalty to Travco. The amount of the penalty shall be based upon the severity and the consequential damage caused to Travco. A minimum penalty per breach will be £500 and will be notified immediately on discovery. Travco reserves the right to change the XML connection of any Agent without notification to safeguard Travco’s contractual agreements.
  4. TNR
    1. The Agents acknowledge that Travco is in a position to offer competitive rates for Travco Products and that Accommodation is offered for sale to Agents on the TNR basis.
    2. The Agents acknowledge and covenant to Travco (1) not to sell to other Agents any Booking which has been purchased by the Agent on a TNR basis; (2) not to unfairly exploit the TNR by offering TNR offers to the public top purchase. The Agent recognises the damage that doing so would jeopardise Travco’s business as Accommodation Providers offer the TNR exclusively to Travco.
    3. If Travco find that the Booking has been re-sold in contravention of clause 4.2 then Travco has the right to cancel the Booking and deny the Agent further access to the Platform.
    4. This does not preclude the right of the Agent to sell Travco Products to any agency or Agent that is currently not connected to Travco.
  5. How to Make a Booking
    1. All Bookings should be made on the Platform. The Platform sets out the details that Travco will require for the Booking.
    2. Unless the Platform is unavailable Bookings and any subsequent amendments or cancellations to Bookings must be made using the Platform and not over the telephone or by email correspondence.
    3. The final price of a Booking is the price stated upon the Travco Booking Confirmation. The search price is for reference only and cannot be guaranteed. The Agent shall check for any discrepancies and shall notify Travco within 24 hours of receiving the Travco Booking Confirmation.
    4. All sundry items such as theatre and train tickets are prepaid by Travco. No refunds will be made for amendments or cancellations.
    5. Unless there are exceptional circumstances; each Agent must issue the Tourist with a Voucher.
    6. All Vouchers issued must include a Travco reservation reference number and must state that the Booking is booked and paid by Travco.
    7. If the Agent has issued a Voucher for a Booking which was subsequently cancelled then upon notice of the cancellation by the Agent, Travco shall duly inform the Accommodation Provider.
    8. The Agent can only regard the Booking as being completed if Travco confirm the Booking with the Agent.
    9. Any Change can only be dealt with when requested by the Agent to Travco and not by the Tourist to Travco. If the Agent makes any Change directly with the Accommodation Provider, the Agent may still be liable to reimburse Travco for any charges incurred.
    10. Travco reserves the right to cancel any Booking which Travco reasonably considers to have been made in error for example if the rate is manifestly incorrect without remuneration to the Agent. If Travco cancel any erroneous Booking Travco will promptly notify the Agent and to the extent possible, offer to rebook the same hotel at the same price or offer an alternative. Travco will never be responsible for ensuring a replacement Booking is made.
    11. Should any Tourist make a Change directly with the Accommodation Provider, Travco will need a confirmation letter from an authorised representative of that Accommodation Provider stating that the Change has been accepted and that no charges will be levied. If Travco receive a copy of this letter within 30 days of the Change then it is for the Agent to qualify for any financial adjustment.
    12. Travco will automatically confirm bookings, amendments and cancellations by email. Unless the Agent has received such a communication from Travco, the Agent cannot consider the Booking to be confirmed or cancelled.
    13. The Agent must note the following:
      1. the Accommodation Provider may be obliged to arrange for tourists to pay local taxes or surcharges in the local currency and not by credit card. It is the Agent’s responsibility to bring these payments to the Tourists’ attention;
      2. the currency for each item booked will be that displayed on the hotel availability search page;
      3. hotel rates are inclusive of local taxes - any changes of tax rates enforced by local authorities may change already agreed rates such as service charge;
      4. the Booking shall include a continental breakfast where breakfast is included unless stated otherwise at the time the Booking is made;
      5. from time to time exceptions will apply and these shall be notified in the form of a flyer, Travco’s Booking Confirmation.
      6. some Accommodation Providers restrict their prices to passengers of specific nationalities. Travco reserves the right to invoice the Agent at a higher rate should passengers of a restricted nationality check in at such a hotel; and
      7. some government authorities now levy a tourist tax, which must be paid by each Tourist on departure. Please refer to the Travco website for guidance - http://www.travco.co.uk/citytax.aspx.
    14. The Agent shall be liable for any loss or third party claim, including any cancellation charges that Travco may incur as a result of any incomplete or inaccurate details in the booking information supplied by the Agent at the time of booking or during any following amendment.
  6. If the Platform is not Working
    1. If the Platform is not operational or the account that the Platform gives the Agent access to is not functioning then the Agent will have to email any booking, cancellation or amendment to fit.res@travco.co.uk.
    2. Details provided to Travco for a Booking must be clear and in the following order when made by email:
      1. passenger’s family name followed by their initials and title;
      2. city name;
      3. hotel name;
      4. date of arrival;
      5. number of nights;
      6. number and type of rooms – the Agent must request Twin or Double + Extra bed and give the child’s age, when the Agents booking includes a child; and
      7. any general remarks.
    3. Bookings must be categorised under the heading of: "new", "amendment", "cancellation" or "chaser". If the Agent’s email does not clearly categorise the Booking, or provide a Travco booking reference number, Travco will assume that it is a new request and will confirm accordingly. If Travco has made an additional Booking in response to an email without a Travco booking reference number, the Agent is responsible for cancelling the Booking and is liable for any fees incurred.
  7. Cancellation of Bookings
    1. Should the Booking not be required it is the Agents’ responsibility to cancel the booking.
    2. In order to cancel a Booking the Agent must:
      1. use email if the Booking was concluded by email and quote Travco’s booking reference number stating clearly what Travco has confirmed (which may not be the same as the Agents original request) and what the Agent wants to cancel; or
      2. use the Platform if the Booking was concluded using the Platform.
    3. It is the Agent’s responsibility to be aware of the Cancellation Period for any Booking.
    4. The Agent shall be liable for any and all cancellation fees imposed by the Accommodation Provider whether these are a consequence of a Change being made outside the Cancellation Period or otherwise. The Agent will be liable for all fees if a non-standard cancellation is missed. It is the responsibility of the Agent to take note of any non-standard cancellation policy and act accordingly.
    5. If the effect of a Change is to make the Booking liable for a cancellation fee despite the Change being made within the Cancellation Period then the Change will still attract a cancellation charge for at least the first of any unused nights.
  8. Liability
    1. The Agent will indemnify Travco from and against all liability that may arise following any breach of these Conditions by the Agent. This indemnity includes any loss Travco incurs following a breach by the Agent of the rights conferred on individuals by the data protection legislation.
    2. The Agent enters into this agreement with Travco strictly on the basis that Travco cannot be liable to the Agent if a Tourist seeks recompense from the Agent. To the extent possible allowed by law all liability is excluded for any breach of these Conditions by Travco including Travco’s negligence. All warranties are excluded.
    3. While Travco will do whatever is reasonably appropriate to ensure that all confirmed Bookings are accepted by the Accommodation Provider, if this does not happen Travco will do what it can to provide the Agent with a suitable alternative of the same standard and in the same location, but the Agent recognises that such alternative accommodation will be of a matching standard or in the same location as what was originally booked. Travco using its discretion will decide what financial recompense should be made.
    4. Travco will not be liable to the Agent if they are unable to fulfil a Booking by reason of fire, earthquake, flood, snowstorm, epidemic, explosion, strike, riot, civil disturbance, war, act of God, any failure or delay of any transportation, power or communications system or any similar events beyond the control of Travco. Travco will always, in any of these circumstances, make the best effort to provide alternative arrangements or refund any sum already paid unless Travco is bound by contracts with Accommodation Providers which preclude obtaining a refund to pass on to the Agent.
    5. The Agent recognises that descriptions of the Travco Products are provided by a third party. Whilst Travco makes every effort to ensure that the descriptions and information provided are accurate the Agent recognises that there will be changes (wear and tear; revamps or otherwise) that are beyond Travco’s control.
  9. Protecting Travco’s Business
    1. No access to any part of Travco’s system can be given by the Agent to anyone who is not an employee of the Agent without Travco’s specific written agreement.
    2. The rates (including the TNR) that Travco sell Travco Products to Agents are strictly private and confidential. No Agent shall disclose them, or anything to do with them, to anyone who is not employed by the Agents.
    3. If Travco or the Accommodation Provider reasonably believe the Agent has made a Booking for a group of Tourists but has split the Booking to make the Booking appear as a number of genuine but separate FIT Bookings:
      1. then Accommodation Providers may levy group cancellation charges and the Cancellation Periods will accordingly be different to those given to FIT Bookings;
      2. Travco may cancel such bookings and Accommodation Providers may request Travco to make cancellations of Bookings;
      3. cancellation charges may apply to the Agent; and
      4. charges may also apply if the number of rooms booked are reduced within the group cancellation deadline.
    4. Hotel data provided to the Agent by Travco is for the Agents’ system use only. It shall not be reproduced or distributed onwards to the Agents’ affiliates or partners without written consent from Travco.
    5. If there is any breach of these Terms; then and in addition to any claim that Travco may have; Travco reserves the right to cease trading with the Agent and to cancel all future bookings.
  10. Termination
    1. Travco’s agreement with the Agent may be terminated if the Agent:
      1. does not pay any amount owed by the agreed payment date;
      2. ceases to trade or threatens to cease to trade;
      3. goes into any form of liquidation or administration; or
      4. breaches any of the Agents obligations contained within these Conditions and does not remedy that breach within 7 days of Travco advising the Agent of the breach and the remedy Travco requires.
    2. If the contract between the Agent and Travco is terminated all access to the Platform and the Agent will no longer have access to information regarding the Travco Products.
    3. The Agent is aware of the specific measures in clause 12.7
  11. Charging, Invoicing And Payment
    1. Travco requires a refundable floating deposit or Bank Guarantee equivalent to at least one month of trading. This amount will be deemed to be the Agents’ monthly credit limit (Credit Limit). The Agents’ Credit Limit will be reviewed by Travco from time to time and can be raised on receipt of an increased deposit or bank guarantee, agreed after discussion with Travco.
    2. If the Agent exceeds its Credit Limit then Travco can exercise the rights conferred by clause 12.6.
    3. All Bank Guarantees must be renewed sufficiently in advance of the end date of an existing guarantee so that Travco can continue the Agent’s use of the Platform.
  12. Credit Arrangements
    1. Invoices will be presented by Travco to the Agent. The Agent will pay each invoice in full by the 15th day of the month following the invoice’s presentation and in the currency that the sum outstanding has been invoiced. Payment will be made by bank transfer or via the online payment gateway to the relevant Current Bank Account.
    2. Every payment must be accompanied by a remittance advice slip, in the same currency as the Travco invoice, which must state Travco invoice number(s) and amounts paid per invoice showing a total which equals the payment sent.
    3. Any payment less than the Travco invoice amount must be explained in full showing the Travco invoice number, Travco booking reference number, passenger name, arrival date, hotel, the amount of and the reason for the underpayment, together with all evidence or information backing up any claim for a credit.
    4. If there is any item the Agent wishes to dispute in any invoice, Travco must have all details of the dispute in writing within 42 days of the issue date of the disputed invoice(s).
    5. Travco will not accept the non-payment of undisputed invoices because of a dispute with another invoice.
    6. If the Agent breaches the Credit Limit the Agent will be notified and advised accordingly in writing and will be requested to remit further funds immediately. Travco reserves the right to not accept any further booking from the Agent until the issue is resolved, and if deemed necessary to cancel all future bookings to not incur further cost to Travco.
    7. If the full payment has not been received by the due date in accordance with these terms, Travco reserves the right to:
      1. disconnect access to all of Travco booking systems;
      2. stop making bookings when requests for reservations that are sent to Travco by email;
      3. insist upon pre-payment for any and all existing bookings to ensure that Travco does not cancel them; and
      4. cancel any future bookings the Agent has already made.
    8. The full cost of remitting the Agents’ payment to Travco must be borne by the Agent. Travco will not accept any deduction from invoices by the Agent to cover the Agents’ bank charges nor will Travco accept any deduction as a result of the Agents’ bank using an intermediary bank to pay Travco.
    9. A minimum, but not limited to, charge of one night to cover the first night of the stay will apply to a no-show booking. A no show booking will incur a charge to cover at least, but not limited to, the first night of the stay. During periods when a different minimum stay is stipulated by the hotel or during trade fair or special event periods, the minimum stay period or the entire period of the booking will be charged for and Travco will advise the Agent of the same at the time of booking.
    10. Should any passenger leave a hotel before the end of their booked stay and without informing the hotel or the Agent, who must then inform Travco, they are doing so, Travco cannot guarantee any refund for the unused nights and reserve the right to invoice in full for the stay Travco reserved.
    11. Payment of bookings confirmed in British Pound Sterling shall only be remitted into designated British Pound Sterling bank account via telegraphic transfer. Bank drafts drawn only from UK Banks can be accepted as secondary mode of payment. Payment of bookings confirmed in Euro & United States Dollars shall be remitted into the designated Currency Bank Accounts
    12. Any payments made into an incorrect bank account will be credited at an exchange rate set by Travco.
  13. Notices and other Communications
    1. Any notice shall be sufficiently given if it is sent by registered or recorded delivery, first class post to the other party, to the address stated on the Letter or to such other address as the respective party may advise by notice in writing from time to time.
    2. Notices shall be deemed to have been properly given after 3 Business Days in the case of notices posted from the United Kingdom to a destination therein and 8 Business Days in the case of all other notices posted internationally.
  14. Disputes and Jurisdiction
    1. If the Agent’s passengers are dissatisfied with any of the arrangements Travco have made for them, the Agent should notify Travco while the Tourist is still in situ if and where possible in order to resolve the issue. This is in the interest of all parties to conclude any dispute as they arise without incurring further financial remuneration to any party.
    2. Travco must be notified about complaints within 42 days of the departure from the city in which the complaint arose.
    3. These Conditions are governed by and construed in accordance with English law. Disputes arising in connection with these Conditions shall be subject to the exclusive jurisdiction of the English courts.
  15. Assignment
    1. No right under these Conditions shall be assigned by either party without the prior written approval of the other party. Travco may sub-contract the performance of any of its obligations under these Conditions to third parties without the Agent’s consent, provided however that Travco shall remain liable in contract notwithstanding such sub-contracting.
  16. No Partnership or Agency
    1. Nothing in these Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
  17. Legal Construction
    1. These Conditions constitute the entire agreement reached between the parties. It supersedes all prior proposals, representations and understandings whether oral or written and all other communications save for any fraudulent misrepresentation shall form a term herein.
    2. If the scope of these Conditions are too broad in any respect to permit enforcement to its full extent, then the parties agree that such provision shall be enforced to the maximum extent permitted by law and that such provision shall be deemed to be varied accordingly.
    3. No purported variation of these Conditions shall take effect unless made in writing and signed by an authorised representative of each party.
    4. No delay or failure of either party in enforcing against the other party any term or condition of this Conditions and no partial exercise by either party of any right hereunder, shall be deemed to be a waiver of any right of that party under these Conditions.
    5. No third party shall acquire rights pursuant to the Contracts (Rights of Third Parties) Act 1999.
SCHEDULE
  • Contact Details
    • For any queries, urgent requests, amendments or cancellations, pertaining to bookings with a future arrival date or where guests are at an Accommodation Provider’s property Travco’s FIT department should be contacted. The FIT department operating hours are Monday to Friday 08:00-18:30 London (United Kingdom) time. Saturday-Sunday and UK public holidays operating hours are 09:00-17:30 London (United Kingdom) time. There is an emergency line which should be used strictly for emergencies with guests in situ outside of the standard working hours, please note this number may be connected to a mobile and international calls may incur a greater cost. Please note that in accordance with article 1.2 and article 6, bookings, amendments and cancellations cannot be accepted over the telephone, written confirmation is required.
    • For any queries, disputes or claims pertaining to bookings that are past and/or invoiced the Travco accounts receivable team should be contacted. Travco takes the responsibility to close all outstanding queries regarding invoices within 4 weeks of notification of the dispute.
  • Bank Account Details
    • Bank Name and Address
      • Barclays Bank
      • Swiss Cottage and St. Johns Wood Branch
      • P.O. Box 2764
      • London NW3 6JD
      • United Kingdom
    • Currency: British Pound Sterling
      • Account Name: Travco Corporation Ltd
      • Account Number: 40926884
      • Sort Code: 20-74-71
      • Swift Code: BARCGB22
      • IBAN: GB24 BARC 2074 7140 9268 84
    • Currency: Euro
      • Account Name: Travco Corporation Ltd
      • Account Number: 44311722
      • Sort Code: 20-74-71
      • Swift Code: BARCGB22
      • IBAN: GB82 BARC 2074 7144 3117 22
    • Currency: United States Dollar
      • Account Name: Travco Corporation Ltd
      • Account Number: 86577077
      • Sort Code: 20-74-71
      • Swift Code: BARCGB22
      • IBAN: GB48 BARC 2074 7186 5770 77
Version 2.0 - November 2017

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