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GENERAL TERMS AND CONDITIONS
PAXIMUM APPOINTMENT AS CLIENT’s AGENT
This agreement for access to this program is entered into directly by and between PAXIMUM and the CLIENT. The CLIENT appoints PAXIMUM as its agent for the provision of travel intermediary services in all territories in which PAXIMUM may from time to time operate and PAXIMUM accepts such appointment. The intermediary services that may be provided by PAXIMUM to the CLIENT under this agreement shall include the request for availability, booking and confirmation of the accommodation services, and representative services or such other services as the Parties may from time to time agree. PAXIMUM will make its utmost to get the confirmation from the service supplier selected by the CLIENT in accordance with the submitted booking request. Should the availability is confirmed by the service supplier and the CLIENT proceeded with the payment in accordance with these Terms and Conditions, PAXIMUM will be able to confirm the booking to the CLIENT. PAXIMUM acts as the CLIENT’s agent only in respect of all bookings PAXIMUM makes on the CLIENT’s behalf. PAXIMUM accepts no liability in relation to any contract the CLIENT enters into or for any other services that the CLIENT books or for the acts or omissions of any service supplier or other person(s) or party (ies) connected with the CLIENT’s booking. The service supplier’s booking conditions will apply to the CLIENT’s contract and prices and cancellation conditions shall be displayed when making each reservation, dependant on prevailing conditions, availability and other factors. The website will guide the CLIENT through the booking procedure.
WEBSITE USE AGE AND RESPONSIBILITY
The CLIENT warrants that i) has made legitimate enquiries or bookings for the CLIENT or any other person for whom the CLIENT is legally authorised to act; ii) that its user of the codes is at least 18 years of age or over and have legal capacity to use the PAXIMUM site and to create a legally binding contract for the CLIENT and, iii) that all personal information submitted during the bookings process is correct and CLIENT accepts financial responsibility for all transactions made under CLIENT name or account.
ACCESS CODES: Access codes (user names and passwords) to this program shall be given by PAXIMUM to each CLIENT, including as many passwords as necessary for each personal user. After initial access codes are used for the first time to access the PAXIMUM booking service, each user of the registered CLIENT MUST change his/her personal password (initially provided by PAXIMUM) to maintain absolute confidentiality, preference and independence when operating. Access codes provided by PAXIMUM are for the sole use of each CLIENT and personal user; no access code use may be transferred or disclosed to third parties including, but not limited to, representatives or subsidiaries of the CLIENT. Each CLIENT and the personal user are directly responsible for the use of their own access codes. In the event of improper use thereof, such access codes shall be withdrawn; sales will immediately be stopped and legal action may be taken. For reasons of security, PAXIMUM shall reserve the right to change the access codes of the CLIENT so long as such changes shall not disrupt the use of the system by said CLIENT, and that sufficient notice of the planned change(s) is received by said CLIENT.
RESERVATIONS: HOW TO BOOK PAXIMUM TRAVEL SERVICES. Simply search for the chosen travel service (accommodation, fligh ticket, group special offers, and other destination services), the service supplier (concrete Hotel, etc.) at the desired destination, booking pax and dates, then proceed to the final booking page. Details of CLIENT selection will be featured at the website. The CLIENT shall carefully check the dates, the price, the destination and the service supplier details before completing the booking. The CLIENT will also see details of the cancellation fees that will be levied for the booking. To confirm a booking, the user must be authorised to make the booking by the CLIENT and by all persons named on the booking and their parent or guardian for all party members who are under 18 when the booking is made. By making the booking, the CLIENT is confirming that all persons named on the booking accept the Terms and Conditions and that the CLIENT will inform the other persons named on the booking of the confirmation details and any other appropriate information. By making the booking the CLIENT also become responsible for making all payments due to PAXIMUM. Once PAXIMUM has received the CLIENT booking and all appropriate payments, PAXIMUM will, subject to availability, confirm the booking once the service supplier concerned confirms to PAXIMUM. PAXIMUM will confirm by issuing a confirmation e-mail containing a booking voucher. The booking request will not be confirmed by PAXIMUM and the transaction is not considered completed until the CLIENT has paid in time the full price of the services, irrespective of whether the final consumer, intermediary or the remaining interested parts, have paid the referred price to the CLIENT. Therefore, PAXIMUM will confirm the booking once the full price is paid by the CLIENT. In any case, if the CLIENT has been requested to return a Credit Card Payment Authorisation (for payment using credit card), the booking confirmation will not exist until PAXIMUM receives the Authorisation. Should CLIENT do not return the Credit Card Authorisation, PAXIMUM cannot process the payment and then, confirm the booking. This Credit Card Authorisation is requested in order to ensure that CLIENT is the Credit Card holder and that no fraudulent use is being carried out with CLIENT credit card. CLIENT shall check the booking voucher carefully as soon as the CLIENT receives it and contact the PAXIMUM customer services immediately if any information which appears on the booking voucher or any other document appears to be incorrect or incomplete. As PAXIMUM acts only as CLIENT’s travel agent, PAXIMUM will have no responsibility for any errors in any documentation except where those errors were made by PAXIMUM while processing the booking. Such a voucher or reservation confirmation shall include: • Reservation code • General reservation details • Breakdown of amount and/or invoice to be paid by CLIENT to PAXIMUM (or subsidiaries/ affiliates) • Voucher or deliverable documents. The documents provided by PAXIMUM are for the sole reference of the CLIENT. The voucher for the final consumer MUST be issued by the CLIENT and it must indicate that it is payable by the company designated in the documents issued by PAXIMUM unless otherwise agreed in writing with PAXIMUM. Including the following wording: "Payable through [the appropriate PAXIMUM company that corresponds to the destination booked], acting as agent for the service operating company". The final consumer shall present the CLIENT’s voucher with PAXIMUM’ reference at the service supplier/accommodation establishment upon check in. If a cancellation has occurred immediately after the confirmation of the booking, the voucher will become invalid. Consequently the reservation will be deemed invalid by PAXIMUM and the service supplier. Moreover if the service supplier renders the services, PAXIMUM shall not be responsible for its payment. PAXIMUM shall not be obliged to send reminders of any requested reservations. If the CLIENT requires a reminder, any and all communication must specify the relevant reservation identification codes.
IMPOSSIBILITY OF HANDWRITTEN SIGNATURE: Due to the special characteristics of the electronic commerce, CLIENT hereby acknowledges the impossibility of handwritten signature for this transaction. Therefore, CLIENT hereby accept that there is no need for handwritten signature and CLIENT also accept to be bind by the acceptance of the Terms and Conditions of the PAXIMUM website upon making the reservation.
The CLIENT is responsible for ensuring that these Terms and Conditions are brought to the attention of, and agreed with, their final consumers, intermediaries, and all other interested parties, prior to entering into any agreement with those parties to which these Terms and Conditions might apply. Upon making any business transaction via the website, the CLIENT accepts that these Terms and Conditions apply to each and every transaction. It is also the CLIENT's responsibility to inform PAXIMUM of their source selling markets, that is, markets from which PAXIMUM product will be sold. Once PAXIMUM has this information and has in turn informed the CLIENT of prices and rates applicable to the stated source markets, the CLIENT agrees not to apply said pricing to any other source market. Should the CLIENT wish to sell PAXIMUM product in other source markets, they must inform PAXIMUM of this and they will therefore be informed of the applicable prices for that source market.
CLIENT is obliged to provide the Retail Agency or, if applicable, the final consumer, the following data: • What is included and not included in the price of services. • The regulations and consequences of a no show by the final consumer at the establishment, of regulations regarding cancellations, annulments and modifications, as well as of any possible name changes of the commercial name of the hotel plus the possible existence of stay taxes. • That all the users, without exception (children included) must have current personal and family documentation, either passport or National Identity Document, as required by the country or countries visited. • All extra services (special meals, extra beds, cots/cribs etc) • CLIENT is also obliged to provide a voucher for the services that contains the following wording: "Payable through [the appropriate PAXIMUM company that corresponds to the destination booked], acting as agent for the service operating company". The final consumer shall be liable for obtaining the documentation required at destination, such as visas, ID’s, passport, medical documents, etc. and PAXIMUM shall not be liable for any circumstance or expense incurred due to lack of documentation or non-compliance of requirements. That for all intents and purposes, regarding transport by land, it is understood that the user shall carry with him/her all their luggage and personal belongings, irrespective of the location within the vehicle where these are stowed, and that such luggage and personal belongings are carried at user’s own risk. Users are recommended to be present during handling, loading and unloading of luggage. With regard to transport of luggage by air, by rail, by sea or by river, the general Terms and conditions applicable to transportation companies shall apply, with the ticket being the binding document between the aforementioned companies and the passenger. In the event of any damage or loss, the consumer shall at that time make a claim to the Transport Company. In any case PAXIMUM will be responsible for the passenger’s luggage. Whenever the European Package Travel Directive 90/314 EEC must be applied due to the intention to include any of the services provided by PAXIMUM in a Package Travel, CLIENT undertakes to strictly comply with the Package Travel Directive 90/314 EEC and/or any legislation that develops, adds to and, when appropriate, replaces them, delivering or enabling the delivery of all the appropriate information to the final consumer, requesting its signature and approval on the package travel conditions when necessary.
WARNING – USA RESTRICTIONS ON TRAVEL TO CUBA Travel to Cuba by citizens and residents of the United States are subject to the laws of the United States pertaining to the U.S. embargo of Cuba and require a license by the United States Government. No refunds will be made or liability incurred with respect to any travel arrangements made by citizens or residents of the United States without required licenses.
The prices offered on PAXIMUM website are confidential and may not be disclosed. Payment will be made in EUROS or in the national currency applicable at that time with the exchange rate between EURO/new currency effective at the day of payment. The prices offered therein are for sale within the CLIENT’s own market to the exclusion of any other. Sales to any other markets shall only be possible by prior request and with the express authorisation thereof by PAXIMUM. Prices quoted on PAXIMUM website are net prices (non commissionable) including all indirect taxes. Any increase in tax will be directly added to the prices offered in this Terms and Conditions. Hotels and other accommodation establishments (including Groups): Prices quoted are per person per night or per unit per night.
Prices quoted on PAXIMUM website are directly generated by the system. The CLIENT shall be invoiced according to current prices at the time of online confirmation of reservation and according to the handling fees, which depend on the destination where the booking is confirmed (for the handling fees charged by each destination, contact our local office in charge of that destination). Prices quoted on PAXIMUM website are net rates (except for those previously agreed) depending on daily availability, and as such may be subject to variations for the following reasons: • Due to foreign currency fluctuations with regard to the exchange rate applied to confirmed reservations. In this case, the exchange fluctuation shall only affect the price when the variation in the rate of exchange exceeds 3%. • Accommodation establishments. In the event of Trade Fairs, special events or new special conditions of the establishment.
Block booking of accommodation reservations for future sales is forbidden under any circumstances or at any time. PAXIMUM reserves the right to cancel any reservations made for this purpose without liability. As well, the CLIENT hereby commits to not use PAXIMUM’ prices appeared on the website to contact PAXIMUM’ suppliers disclosing such prices for the purpose of negotiating new rates and/or any other meaning, in this event, CLIENT shall indemnify PAXIMUM and PAXIMUM will notify the supplier the illicit use of the rates by CLIENT.
THE PRICE INCLUDES: All services, products and fees agreed upon via the PAXIMUM website. Hotels and other accommodation establishments (including Groups): Service as specified in the reservation confirmation, with the exception of those accommodation establishments in which the inclusion of other services is specifically indicated. In most hotels the earliest check-in time is after 14:00 hours, and the latest check-out time on date of departure is 12:00 hours.
The CLIENT shall be liable for their final consumer’s reconfirmation of flights directly with airline and/or other services and for advance notice to receiving agents at destination of any changes in flights and/or flight times in the event that there has been a modification of the reserved flight(s). The CLIENT shall be liable for ensuring that the flights and times given to PAXIMUM are correct, and where other services are required, these shall be organised based on the data provided by the CLIENT.
THE PRICE DOES NOT INCLUDE: Any service not specified in the reservation confirmation. Accommodation services: 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.
UNAUTHORISED ROOM BLOCKS
Holding Room Blocks is considered as prohibited behaviour. The use of the PAXIMUM booking engine is limited to Free Independent Traveller/Tourist (FIT) bookings and as such our database inventory is protected against any other unauthorized use. Any Group reservations must therefore be directed to the groups section of our website, and as such are subject to the Terms and Conditions of group reservations. The blocking of multiple rooms or services with unconfirmed names, ensuing name changes or cancellation within 45 days of arrival is prohibited, due to database inventory restraints. Should any such blocks be detected, PAXIMUM reserves the right to: a) Deny and cancel said bookings b) Change to a Group booking, leading to a possible increase in rate and alternative payment terms. c) Charge an administrative fee for handling the block and subsequent changes. Administrative fee: Multiple name changes indicating that rooms have been blocked will be subject to a 25 USD/20 EUROS fee per modification, including each name change. The administrative fee can vary from time to time, for the concrete administrative fee please contact the respective PAXIMUM Sales Manager.
CONTENTS: PAXIMUM grants to the CLIENT, under these Terms and Conditions, a non-exclusive, royalty-free, 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 PAXIMUM website (hereinafter referred to as contents). The duration of this license shall be equal to the duration of the commercial agreement between both parties. License may be revoked by PAXIMUM at any time giving one month previous notice. The CLIENT shall be entitled to use the contents provided under this license only in connection with the web sites run through PAXIMUM system and only for the purpose of sale of the services provided by PAXIMUM or its subsidiaries or affiliates. The contents cannot be used to promote the same service but from another travel intermediary. The CLIENT shall not be entitled to grant sublicenses. Except hereby agreed, The CLIENT shall not copy, reproduce, modify, transmit, sell, lease, market nor disclose to third parties the contents (and/or any of its elements) provided/displayed by PAXIMUM.
The CLIENT acknowledges and agrees: • That, except hereby agreed, it shall not acquire any other right or interest in the contents. • That contents directly or indirectly received or acceded are the exclusive property of PAXIMUM, its subsidiaries or suppliers, who shall remain the sole owners.
The CLIENT (whether or not this Agreement has been terminated) shall at all times save harmless and keep fully indemnified PAXIMUM from and against any actions, claims, proceedings, losses, costs, expenses and demands (including costs and expenses in defending such matters and its proper compromise) arising directly or indirectly out of or incidental to or in connection with any breach by or on behalf of the CLIENT or any of its servants, agents or contractors of any of the provisions of this clause. PAXIMUM shall not be held liable for inaccuracies or errors in the accommodation contents or any of its elements. The CLIENT acknowledges and agrees that the sole disclosure of or access to the information or data available in this website does not constitute an offer by PAXIMUM for the sale, license or other transfer of such elements.
CHANGES TO PAXIMUM WEBSITE
PAXIMUM may make improvements or changes to the information, elements, data, services, and other materials on this website, or terminate this website, at any time without notice. PAXIMUM may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this website. Accordingly, the continued access or use of this website by the CLIENT is deemed to be their acceptance of the modified Terms and Conditions. PAXIMUM may suspend access to the program because of maintenance works, net security reasons or force majeure, with no obligation to reimburse or compensate the CLIENT for the time for which access has been suspended.
PAXIMUM and the CLIENT are independent contractors. There is no relationship of partnership, joint venture, employment or franchise between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the parties’ prior written consent.
ASSIGNMENT OF RIGHTS
PAXIMUM reserves its rights to assign in total or in part the obligations or rights of these Terms and Conditions to any subsidiary, affiliate or holding company or any subsidiary of its holding company. The CLIENT is not allowed to assign any obligation or right of these Terms and Conditions, or any other agreement which completes them, to any third party, unless prior express authorisation has been granted by PAXIMUM.
PAXIMUM takes a zero tolerance approach to bribery and corruption. The CLIENT warrants that they do and shall comply with, and their employees, contractors, agents or subsidiaries do and shall comply with PAXIMUM’ Policy on Procedures for Prevention of Bribery and Corruption and PAXIMUM’ Supplier Code of Conduct (available at www.tuitravelplc.com), and all applicable local and international anti- corruption legislation and related procedures and codes from time to time in force, including but not limited to the United States of America Foreign Corrupt Practices Act 1977 and the United Kingdom Bribery Act 2010. The CLIENT shall provide supporting evidence of such compliance as PAXIMUM shall reasonably request. Violation of this clause by the CLIENT shall be a material breach and may result in the immediate termination of the contract and/or legal action. This does not affect any other PAXIMUM’ termination rights.
LEGISLATION AND COURTS OF JURISDICTION
The application and interpretation of these Terms and Conditions shall be governed by current and applicable Turkish Legislation. In the event of any discrepancy which may arise from the interpretation or execution of these Terms and Conditions, the parties, with express waiver of any other court of jurisdiction which might apply, if any, shall abide by the Jurisdiction and Competence of the Courts of Antalya, Turkey.
CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA CONFIDENTIAL INFORMATION
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 form that is already in use or that could be invented in the future, which PAXIMUM notifies or provides to the CLIENT or that the latter may have access to with or without the knowledge and/or express consent of PAXIMUM. Therefore, confidential information shall be deemed as the following and will include, but not be limited to: any data bases and prototypes created from the documents provided, proprietary management software, computer system passwords, information on users, telephone numbers, fax numbers, email addresses, addresses of offices, agencies, departments and headquarters, computer programs, copies, routines, sources, functional and organisational analysis, know-how, formulae, processes, ideas, inventions (whether patentable or not), financial data and development plans, strategies, the contents of any bids that may be made and any other supporting documents, data or material belonging to PAXIMUM or available in its website that the CLIENT may have access to. Under no circumstances may the following be considered as confidential information: • Any information that is contained in public bibliography or that may become public knowledge, unless it becomes public knowledge due to a breach of the agreement by one of the parties. • Any information or know-how provided by third parties. • When disclosure is required by law. • Disclosure of any information at the request of Courts or Tribunals • Information referring to economic data or any other kind that must be submitted to the State, local or autonomous authorities due to tax or labour requirements and administrative contracts.
NON-DISCLOSURE: Total or partial disclosure of any of the confidential information to which the CLIENT may have access by means of contracting and performance of its services to third party individuals or companies shall be expressly prohibited. The CLIENT guarantees that its employees, customers, suppliers, sub-contractors and any other parties related to the agreements between PAXIMUM and the CLIENT fulfil the confidentiality commitments contained in this document. The requisite measures must be adopted for said fulfilment of the confidentiality commitment and the CLIENT shall be responsible for any claims or damages caused by the non-fulfilment of this obligation. The CLIENT undertakes to fulfil these confidentiality commitments from the date that this agreement is signed and to continue to do so whether the relationship between the parties is in force or not. Should the CLIENT or any of its employees, agents, suppliers or representatives conceive any invention, innovation, discovery, computer program, process, technique or the like, as a result of observing or having access to the Confidential Information, the CLIENT agrees to assign or to have assigned, said invention, innovation, discovery, computer program, technique or the like, to PAXIMUM.
BREACH OF CONFIDENTIALITY CLAUSES: Apart from that stated in the personal data protection clause, and the obligation to compensate any specific losses or damages caused, as a result of the infringement by the CLIENT of the confidentiality obligations stated, the latter shall also pay PAXIMUM an amount of that will be councelled subsequently.
ACCESS TO PERSONAL DATA: If PAXIMUM needs access to personal data which is strictly necessary to provide the services requested by the final consumer, PAXIMUM and the CLIENT shall ensure this is legally possible pursuant to the European Directives 95/46, 2002/58, and/or any legislation that develops, adds to and, when appropriate, replaces them (hereinafter referred to by its initials PDPR –personal data protection regulation-). The CLIENT hereby warrants that it has all the necessary consents and authorisation from the data subject for the transfer of such personal data to PAXIMUM and authorises PAXIMUM to proceed with all the subsequent transfers of data in order to complete the request and booking of the travel services. The personal information that PAXIMUM may collect from the service supplier, as well as any personal data which, in the use of this system, the CLIENT may disclose to PAXIMUM shall be understood as obtained, treated and transmitted with strict observation of and in total compliance with the requirements set forth by PDPR. The CLIENT hereby commits to provide accurate data and updated it if necessary in such a way as to give a true picture of the current situation of the final consumer. In fulfilment of that stated in the PDPR, the CLIENT and PAXIMUM 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. PAXIMUM and the CLIENT state and guarantee that they have installed the technical and operational security measures that guarantee the security of personal data and prevent its alteration, loss, mishandling and/or unauthorised access thereto, bearing in mind the status of technology, the nature of stored data and the risks to which it is exposed. The Person in charge of these files is: PAXIMUM Corporation with company address at Fener Mahallesi Fener Cad No: 21, 07230 Antalya, Turkey.
If the CLIENT should wish to exercise rights of access, rectification, cancellation or opposition granted by the PDPR, the CLIENT may address lopd@PAXIMUM.com or send a signed letter to PAXIMUM indicating the performance requested regarding personal data and a copy of the relevant Identification Card or passport of the CLIENT’s user who is requesting this performance.
PAXIMUM and the CLIENT specifically undertake the following in the event that they have access to any personal data: • To ensure that the data is stored by means of the legally required technical and organisational security measures that guarantee the security thereof, avoiding its unauthorised alteration, loss, processing or access, pursuant to the state of technology from time to time, the nature of the data and the possible risks that it is exposed to. • To only use or apply the data to perform the agreed services and to achieve the agreed purposes. • Not to pass on such data to other parties, not even for the purpose of safekeeping, nor any similar texts, assessments or processes mentioned above, nor to copy or reproduce part or all of the information, results or lists thereof. • To ensure that the data is handled only by employees who need it to perform the services and any third parties that information is revealed to must be bound to abide by the confidentiality obligation. • Once the services have been provided, they undertake to destroy such data or return it thereto, along with any supports or documents containing such information and they must not retain any copy whatsoever thereof.
The CLIENT hereby authorizes PAXIMUM to disclose final consumer's information to third parties for the sole purposes of completing the final consumer's reservation and of associated administration. Any data thus collected on this website may be transmitted, according to PDPR, to those entities that must be involved in order to contract the requested services. Where the final consumer's stay or travel services are provided/rendered outside the European Economic Area (EEA) or out of the scope of the U.S.-European Union Safe Harbor Framework, controls on data protection may not be as strong as the legal requirements in PDPR. Therefore, the CLIENT also explicitly authorizes PAXIMUM to pass that information to any service supplier located in countries which do not provide a level of protection comparable to that provided by this PDPR, for the purpose of processing the booking request. Nevertheless, PAXIMUM will not pass any information on to any person not directly responsible for travel arrangements. In the event of a breach of these commitments or any obligation derived from PDPR by the CLIENT, including by its employees or, as the case may be, by any contracted third parties, the CLIENT shall be considered responsible for the processing thereof and specifically fully accepts all responsibility and liability for any claims against PAXIMUM due to any kind of administrative sanctions being imposed by the relevant authorities, as well as any damages or losses in judicial or non-judicial proceedings brought against PAXIMUM including, in any case, the costs of the fees payable to Legal Counsel, Court Liaisons or any other professionals, and such breach of contract by the CLIENT of that stated in this clause shall also be specifically considered just cause for early termination of the rendered services.