SERVICE PROVIDERS AGREEMENT
This Service Providers Agreement (“Agreement”) is a legal agreement between:
(1) Tariyaa Company Limited, a limited liability company incorporated under the laws of the Gambia, and having its registered address at Bertil Harding Highway, Senegamiba, Serekunda, the Gambia ("Tariyaa Travel", "us", "we" or "our"); and
(2) the organisation or person which has registered for the Service on our Platform (“Hotels and Appartments Customer”, “you”, “your”).
This Agreement sets out the terms and conditions that apply to your use of our Service.
You can apply to become a service provider by completing the online service provider’s registration procedure on our Platform. By completing all necessary fields of the online form and clicking the ‘Submit’ button, you are making an offer to become a supplier/Vendor/provider. However, you will only become a provider or vendor when Tariyaa travel confirms your registration at which point this Agreement shall come into existence. This Agreement will then continue until it is terminated in accordance with clause 3.
Please note that we do not provide the Service exclusively to you and may provide the same or similar services to any other person/providers
1. Definitions
1.1. “Effective Date” means the date upon which Tariyaa Travel confirms your application to become a vendor or service provider.
1.2. "Platform" means the website and app (including mobile) on which the Service is made available by Tariyaa Company Limited and which is owned, controlled, managed, maintained and/or hosted in accordance with the Terms of Use.
1.3. “Reservation” has the meaning given to it in clause 2.2.
1.4. "Service" means the online reservation service (including the facilitation of payments) for business customers of various products and services for business travel as from time to time made available by Suppliers on the Platform.
1.5. "Supplier" means the provider of a Travel Arrangement.
1.6 “Travel Arrangements” means accommodation (e.g. hotel, motel, apartment, bed & breakfast), transport (e.g. flights, rail and coach travel and transfers) tour operators, insurances, and any other travel or related product or service as from time to time available for reservation by business customers on the Platform.
2. This Business Travel Agreement
2.1. Through the Platform, we (Tariyaa Travel. and its affiliate (distribution) partners) provide an online platform through which:
(a). Suppliers can advertise Travel Arrangements for reservation; and
(b). Business customers can make reservations of such Travel Arrangements for business and touristic purposes.
2.2. As a Business Customer, you may submit requests to book Travel Arrangements for business and touristic purposes through our Platform. Each such reservation request that you make, and each reservation that is confirmed by us on the Supplier’s behalf (a "Reservation"), is made on and subject to the terms and conditions of this Agreement.
2.3. The Service that we provide to business customers in respect of each Reservation shall form part of this Agreement and shall not form a separate contract to it.
2.4. Tariyaa Travel may from time to time update and adjust this Agreement, subject to prior communication (e.g. email or system notice) to the Business Customer and Suppliers with due observance of a notice period of 15 days. Any updated or adjusted version shall replace and supersede the existing (current) version.
3. Term and termination
3.1 This Agreement shall commence on the Effective Date and shall continue until terminated in accordance with the terms of this clause 3.
3.2 Either Party may terminate this Agreement upon giving 7 days' written notice to the other Party.
3.3 Either Party may terminate this Agreement immediately upon written notice to the other Party if:
(a) the other Party has committed a material breach of its obligations under this Agreement and has failed to cure such material breach within fourteen (14) calendar days of receipt by the other Party of written notice thereof;
(b) the other Party suspends or ceases trading or indicates that it intends to cease trading or becomes unable to pay its debts as they fall due.
3.4. Termination of this Agreement in accordance with clauses 3.2 and 3.3 shall not affect any confirmed but unfulfilled Reservations which exist at the date of termination, which shall continue to be governed by the terms of this Agreement.
4. Scope of our Service
4.1. Tariyaa Travel does not own, control or operate the Travel Arrangements or the service providers.
4.2. By making a reservation through the Platform, the customers enter into a direct (legally binding) contractual relationship with the Supplier(s) of the Travel Arrangement(s). From the point at which they make their Reservation, we act solely as an intermediary between them and you the Supplier, transmitting the details of their Reservation to the relevant Supplier(s) and sending them a confirmation email for and on behalf of the Supplier.
4.3. When rendering our Service, the information that we disclose is based on the information provided to us by Suppliers. As such, the Suppliers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our Platform.
Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information.
Each Supplier remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our Platform.
Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Supplier (or its facilities, venue, products or services) made available.
4.4. Our Service is made available solely for the Business Customer to arrange business and touristic travel for its own use. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose without prior notification.
5. Prices, crossed-out rates and Best Price Guarantee
5.1. The prices on our Platform are highly competitive. All room prices are per room and or space for the customer’s entire stay and all prices are displayed including VAT/sales tax and all other taxes (subject to change of such taxes), unless stated differently on our Platform or the confirmation email/ticket.
Ticket prices are per person or group and subject to validity as indicated on the ticket, if applicable. Applicable fees and taxes (including tourist/city tax) may be charged by the Supplier in the event of a no-show or cancellation fee. Applicable taxes may be charged by the Supplier in the event of a no-show or cancellation fee.
5.2. The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.
5.3. Obvious errors and mistakes (including misprints) are not binding.
5.4. All special offers and promotions are marked as such.
6. Privacy and personal data protection
6.1 Parties shall use commercially reasonable efforts to safeguard the confidentiality and privacy of any personal data processed in the context of this Agreement and to protect it from unauthorized use or release. Save as otherwise provided in this Agreement, each Party agrees to comply with the applicable (data and privacy) laws, rules and regulations of the jurisdiction.
7. Free of charge and Commission
7.1. Our service is free of charge to suppliers/providers because, unlike many other parties, we will not charge you for our Service or add any additional (reservation) fees to the rate.
7.2. Suppliers pay a commission (being a small percentage of the product price (e.g. room price)) to Tariyaa Travel after the Travel Arrangement is complete. The applicable commission rate shall be 10%.
8. Credit card or bank transfer
8.1. If applicable and available, certain Suppliers offer the opportunity for Reservations to be paid (wholly or partly and as required under the payment policy of the Supplier) to the Supplier during the reservation process, by means of secure online payment (all to the extent offered and supported by your bank).
For certain products and services, Tariyaa Travel facilitates (through third party payment processors) the payment of the relevant Travel Arrangement (i.e. the payment facilitation service) for and on behalf of the Supplier (Tariyaa Travel never acts nor operates as the merchant of record).
Payment is safely processed from customer’s credit/debit card or bank account to the bank account of the Supplier through a third party payment processor.
Any payment facilitated by us for and on behalf of, and transferred to the Supplier will in each case constitute a payment of (all or part of) the booking price by the customer of the Travel Arrangement in final settlement of such (full or partial) due and payable price and you cannot reclaim such paid monies.
9. Disclaimer
9.1. Subject to the limitations set out in this Agreement and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by customers due to an attributable shortcoming of our obligations in respect to our Service, up to an aggregate amount of the aggregate cost of their Reservations confirmed and paid for during the 12 months prior to their claim arising as set out in their confirmation emails (whether for one event or a series of connected events).
9.2. However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Platform and its contents shall be liable for: (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Supplier as made available on our Platform, (iii) the services rendered or the products offered by the Supplier or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by customers, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Supplier or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
9.3 Whether or not the Supplier has charged the customer for his Travel Arrangement, or if we are facilitating the payment of the price, the customer agree and acknowledge that the Supplier is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the price to the relevant tax authorities. Tariyaa Travel is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the price to the relevant tax authorities. Tariyaa Travel does not act as the merchant of record for any product or service made available on the Platform.
9.4 By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Tariyaa Travel may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Tariyaa Travel at its discretion sees fit.
You are granting Tariyaa Travel a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Tariyaa Travel at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to Tariyaa Travel publishing and using these photos/images.
Tariyaa Travel does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of TariyaaTravel. Tariyaa Travel disclaims all responsibility and liability for the pictures posted.
The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Tariyaa Travel at any time and without prior notice.
10. Intellectual property rights
10.1. Unless stated otherwise, the software required for our Service or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Tariyaa Travel., its suppliers or providers.
10.2. Tariyaa Travel exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content
Tariyaa Travel C/o Tariyaa Company Limited.
2022
