Global Access Award Scheme
12 month Hotel License Agreement
Fee based model - hotel pays no commission on bookings and full property details displayed on the site.
Fee based model - hotel pays no commission on bookings and full property details displayed on the site.
This agreement is for GAAS to be supplied with hotel accessibility information and images for use in the GAAS rating scheme and for online content distribution via www.globalaccessiblehotels.com, for the sole purpose of promoting hotels accessibility to the general public, including direct links to facilitate bedroom booking.
Date of Agreement: Upon paying activation fee
The Licensee = The Accommodation Business
Here in after referred to as (“Party 1”); and
The Licensor: Global Access Award Scheme (GAAS) Limited - Company Registration No. 7358131, having its principal place of business in the United Kingdom, registered office: 129 New London Road, Chelmsford, Essex, CM2 0QT, hereinafter referred to as (“Party 2”).
Party 1 is hereby given permission to use the Global Access Award Scheme (GAAS) rating logo as per the terms and conditions, as set out below in this agreement
Party 1 Agrees to pay the fee of £59.99 annually including Tax, unless Party 1 has chosen the commission model of membership (15% per booking and £1 joining fee).
Party 2 is granted the permission to use Party 1 online hotel information, images and information gathered using the GAAS Questionnaire and instructions to perform a GAAS Rating and create a live listing on www.globalaccessiblehotels.com, as set out in this agreement.
This Agreement sets out the relationship between the above 2 parties. The relationship consists of Party 2 being supplied with ‘Hotel Information’ (Hotel information, images, accessibility information and hotel accessibility images) by Party 1 for the purpose of completing GAAS rating and generating a hotel listing on booking website www.globalaccessiblehotels.com (GAH).
By signing this agreement Party 1 agrees to provide Party 2 with the required Hotel Information within 28 days, including a direct link to, for each hotel within this agreement, a customer booking area.
All hotels featured on www.globalaccessiblehotels.com (GAH) must have a GAAS rating and this is created from the ‘Hotel information’.
This contract is a license agreement which grants Party 1 the right to use and display a GAAS Rating for 365 days. It grants Party 2 the right to create and display Party 1’s Hotel Information.
Any reservations made by Party 2 with Party 1 by Party 2 over the telephone with Party 1, or via email correspondence from Party 2, or via Party 2 directly in any way, other than with the customer and Party 1 directly), shall incur a 15% commission fee for each completed booking made by Party 2 for the entire duration of the customer stay. Any commissions accrued must be paid within 60 days of customer booking completion / checkout. Advance purchase / no cancel rate commissions must be paid within 30 days of booking being made, even if the customer is a no show or cancel.
Party 1 recognises that Party 2 will use information and images gathered from Party 1’s website AND online materials to create a listing on www.globalaccessiblehotels.com (GAH). including descriptions, combined with the Hotel Information supplied by Party 1 for GAAS rating. Party 1 exonerates Party 2 from any copyright infringements for the purpose of creating a listing on www.globalaccessiblehotels.com (GAH). or general promotion of Party 1’s hotel business.
The Cost for participation in the GAAS Scheme and www.globalaccessiblehotels.com (GAH). listing is £49.99, billed annually
(G)Party 2 agrees to create a hotel listing on www.globalaccessiblehotels.com (GAH). within 28 days from the time the hotel information is received. Party 2 also agrees there will also be social media mentions on Twitter and Facebook for each new hotel. Party 2 will also be directly marketing and trying to improve Search Engine rankings in order to sell Party 1’s accessible product. Party 1 recognises that Party 2 may describe the hotel using key search words (like ‘Accessible Hotel’) rather than the hotel name itself within the listing on GAH.
Party 1 recognises that Party 2 is in no way liable for any information provided on GAH after the time of listing and listing has been confirmed by Party 1. Party 1 will be invited to update information and images on Party 2’s website GAH as and when is required, Party 2 is in no way liable to keep this information up to date and accepts no responsibility / liabilities from any problems / claims / issues / queries that may arise from it.
Without prejudice to any other provision in this Agreement, Party 1 hereby agrees to indemnify Party 2 for the full amount of all damages, expenses, losses, compensation, demands, actions, liabilities, fines costs (including legal costs) and/or any other sum of whatever nature which, for any reason whatsoever, Party 2 incurs or pays to any Customers, employees, agents and/or representatives and/or any third party (including own legal costs) or authority (whether pursuant to any Court Order or by way of any settlement which Party 2, acting reasonably in all the circumstances including the costs, risks and time involved in fighting any claim, agrees to pay or otherwise), as a result directly or indirectly in whole or part of:
any breach of any nature whatsoever by Party 1 of their obligations expressed or implied under this Agreement and/or any act(s) and/or default(s) of Party 1 and/or any person(s) provided or used (directly or indirectly) by Party 1; or
(any failure of Party 1 to reach the standard agreed with Party 2 to include by way of example and by no way of limitation, any failures or deficiency in the standard of quality of the property/services provided, absence or alteration or any facilities or services of lack of cleanliness, hygiene or safety for any reason for any period or any other reason whatsoever in connection with this Agreement or use of the Accommodation by a third party.
Any Customer claim received by Party 2 which relates to the Accommodation.
This indemnity survives termination of this Agreement for any reason.
Party 1 shall take out and maintain throughout the period of this Agreement comprehensive liability insurance to cover all risks relating to the Accommodation and all risks arising out of the performance of this Agreement including (but not limited to) any liability for damages for the death, injury or illness of Customers, employees, agents, sub-contractors howsoever arising. Party 1 shall on demand provide a copy of all insurance policies and schedules to the same to Party 2 or representatives together with a copy of the receipt for the payment of the current premium. Party 2 will not check the policy documentation for suitability and it remains the responsibility of Party 1 to ensure that they are adequately insured at all times.
In the event of any breach of the terms of this Agreement by either Party, either party shall be entitled to give written notice of such breach and terminate the Agreement forthwith. Party 2 may further terminate the Agreement if there is a change in ownership of the Accommodation; if Party 1 becomes insolvent or goes into liquidation / bankruptcy or if Party 2 becomes insolvent or goes into liquidation. Any such termination will be without prejudice to any rights or claims, which Party 1 may have against Party 2.
Either party may terminate the Agreement upon notice by giving not less than 3 months’ notice in writing to the other party – NO ANNUAL FEES WILL BE REFUNDED UPON TERMINATION, TERMINATION WILL CONCLUDE AT THE END OF THE LICENSE PERIOD UNLESS IT IS DEEMED NECESSARY TO SHUT DOWN THE AGREEMENT IMMEDIATELY.
This contract will terminate if the required Hotel information is not received by Party 2 within 28 days, with no refund of any fees paid as set out in this agreement. Party 1 shall receive 1 full free year of license fee if Party 2 fails to load Party 1’s Hotel Information from 28 days from when it was received.
Neither party shall be liable to the other for any contractual default which they could not foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our or the supplier(s) concerned control. Advice from the United Kingdom Foreign Office to avoid or leave a particular country may constitute Force Majeure.
If either party is affected by Force Majeure it shall immediately notify the other party in writing of the matters constituting force majeure and shall keep that party fully informed of their continuance and of any relevant change of circumstances whilst such force majeure continues. The party affected by force majeure shall take all reasonable steps available to minimise the effects of the force majeure on the performance of its obligations under this contract
GAAS Ltd. is a company based and registered in the United Kingdom, therefore This Agreement shall be construed, and any dispute between parties determined, under the laws of England and Wales, and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
If any provision in this Agreement should be held illegal or unenforceable by a Court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect.
GAAS BRAND / RATING SCHEME PROTECTION / INTELLECTUAL PROPERTY (IP)
Party 1 recognises that GAAS questionnaires, ratings, branding, logos and any other intellectual property (IP) are the property of party 2, usage rights are only granted to Party 1 during a valid contractual agreement. Any usage of Party 2’s IP outside of any contractual agreement will result in a £500 penalty, if any new contractual agreement is not agreed within a 14 day grace period from infringement reported.
Part 2 may continue to display Party 1 on GAH when contractual agreements lapse, until systems update themselves, or Party 2 notifies Party 1 to remove said listing prior to the system update – THIS DOES NOT GRANT PARTY 1 ANY USAGE RIGHTS OUTSIDE OF THE THIS AGREEMENT TERMS.
At the end of each contractual period Party 1 will provide party 2 an accurate figure relating to the increase of accessible needs consumer enquires (if held) and details of accessible room booking numbers over the contractual period, comparative to previous years.