GOTOTHRACE.COM ONLINE SYSTEM USAGE CONTRACT
b. Recipient of the Service/User/Agency (Hereinafter referred to as ‘’AGENCY’’)
2. SUBJECT OF THE CONTRACT
This contract arranges the rights and obligations of the parties in scope of usage conditions of "gotothrace.com online system" that is provided to the user by gotothrace.com. “gotothrace.com online system” is a tool that allows the agencies to carry out sales and reservation procedures through online systems in scope of hotel rooms, accommodation, plane ticket etc. products and services for people who travel. This Contract shall become binding between the parties and shall come into effect for all provisions, by being approved through the acceptance process via the online systems.
3. RIGHTS AND RESPONSIBILITIES OF THE PARTIES AND USAGE CONDITIONS
3.1. Each user agency that logs into gotothrace.com system shall be deemed a member. Each member agency is individually responsible towards the guest in terms of rights and obligations deriving from the reservation that is made. The agency is responsible from the losses, costs and other expenses caused by cancellation of a reservation. Gotothrace.com does not accept demands and complaints for any reservation from the travelling guests, does not contact them. Gotothrace.com only contacts and enters into legal relationship with the agency that carried out the reservation.
3.2. Reservations are accepted via online reservation system, XML interface or by e-mail (from the company's e-mail address).
3.3. All information and conditions presented on the online system regarding the reservation is binding for the agency.
3.4. Explanations about the hotels and their conditions are derived from service providers that work under an agreement with gotothrace.com. We shall only carry out reasonable effort to verify such explanations. Hotels may make changes in scope of furniture, activity area etc. without informing third parties. Responsibility because of such changes belongs to the Hotel.
3.5. Not always double beds or single full size beds can be found in rooms for three and four people. According to circumstance, collapsible bed can be used for one or two of them.
3.6. All of the reservation documents (voucher) submitted to agency shall have gotothrace.com reservation reference number and it should be stated that the reservation is under gotothrace.com guarantee. After a cancellation of a reservation, if the customer or third parties use that reservation document to stay, the invoice sent from accommodation facility to gotothrace.com shall be absolutely binding proof and agency shall be obliged to make payment.
3.7. Purpose of star ratings is to provide a general view about hotel quality, offered activities and general service level. Nevertheless, this rating system may vary from country to country. Gotothrace.com is not responsible from categories and *(star) ratings provided by hotels.
3.8. Gotothrace.com is not responsible from invalid or mistaken prices, which that may occur because of wrong introduction of prices, interventions on the web site as the result of illegal actions, design or web site system of provider of products and services caused by system mistakes or other mistakes of its systems.
3.9. Responsibility of compliance of room type in scope of reservation made for the travelling guests completely attributable to the agency that made the reservation. Hotel has the right to deny the reservation if the number of people would like to stay at the room is more than the room capacity for that reserved room. In case of cancellation, declared cancellation rules apply.
3.10. Gotothrace.com receives and transmits the demands about the room (no smoking/smoking allowed, bed type) to the hotel. But does not guarantee whether such demands be fulfilled or not.
3.11. Gotothrace.com transmits the room type selected during reservation to the hotel as is, and guarantees that room type suitable for selected number of people be provided. But the types and distribution of beds within reserved rooms are not under responsibility and control of gotothrace.com, they are determined and assigned by the hotel during check in day. All preferences about room types are directed to the hotel but room assignment is carried out by the hotel and depends on suitability during registration process time. Room numbers cannot be determined or guaranteed by gotothrace.com.
3.12. Responsibility of correctness of number of children who will stay with adults and their ages, as stated in hotel reservation, belongs to agency. Identity can be requested for children within stated age range.
3.13. If the reserved hotel is closed, or if accepted reservations are more than its current capacity and/or if there is repair/construction process because of a technical problem, hotel may not accept the reservation it confirmed. In such a situation agency has the right to demand of providing a different accommodation with similar standards from hotel and/or provider.
3.14. Gotothrace.com cannot be held responsible when accommodation is changed from the original hotel to another hotel. Gotothrace.com is responsible from informing the agency that carried out reservation by e-mail about alternative hotel information that has been received, at the same time. Any damage or expense that may occur as the result of this situation completely attributable to hotel and/or supplier.
3.15. Demands or reservations of 9 or more people shall be deemed as group reservation. Group demands shall be submitted by filling the form on gotothrace.com web site. Each group reservation may have different rules than each other and different than individual reservations. These rules shall be declared during the offer stage by the group department. Gotothrace.com reserves the right to cancel reservations deemed as group reservations (9 or more people) made individually just to reserve informally a place or to sell in the future; and gotothrace.com is not responsible for that cancellation.
3.16. Decoration/renewal and repairs are necessary for hotel maintenance and can be done without notification. Gotothrace.com is not responsible for any disturbance, unsuitableness, accident of theft that affect the guest during its stay.
3.17. Gotothrace.com has no control over and responsibility for any extra payments that may be demanded by hotel for details of guest rooms such as air conditioning, safe, mini bar, renting TV's remote controller, etc.
3.18. Hotel and guest room photos are provided to give general view of the hotel. Guest room photos may be different from the reserved room category, or not exactly the same with the room reserved for the guest.
3.19. To realize a valid reservation, one of the travelling guests must be at least 18 years old for all hotels available at gotothrace.com web site. This age limit can be higher at USA. If guests are younger than 25 years old for a hotel reservation at USA, hotel must be contacted with.
3.20. All cancellation and change requests shall be required to be done via gotothrace.com web site. Cancellation or change requests made by phone are not accepted.
3.21. For a reservationmade only one time change shall be accepted. For all change processes (date, room type, etc.) latest discount rates and prices shall apply. gotothrace.com is not responsible for any change or cancellation process made by directly contacting the hotel. In case of non-consistency only he Records and terms of gotothrace.com shall be valid and apply.
3.22. Gotothrace.com informs and makes updates only after hotel informs about the rules of cancellation and change that will be valid during special days, certain dates and early reservation time.
3.23. Any reservation that includes free overnight stay, early reservation discount and such promotions are subject to different rules and limitations. Generally such rules and limitations include strictness for guests’ names and stay dates and include extra fees in case such changes are made. If you have reservation for a free overnight stay (for instance, pay 4 for 5), if one night is cancelled no return payment can be made because that night, for which cancellation request is made, is already free.
3.24. In case a change request is made for a confirmed reservation, even if you reduce the number of nights, night prices may change.
3.25. Gotothrace.com reserves the right to update the room prices shown at its web site depending on any kind of market and currency rates volatility. Any kind of change regarding currency rates does not affect the price of confirmed reservations and no repayment is made.
3.26. Gotothrace.com reserves the right to correct any pricing mistake and/or omittance of price. This includes omittance of price and/or mistakes of hotel or local agency. In such a case gotothrace.com presents these three options to the agency that carried out the reservation.
a. Confirm the reservation in scope of correct price.
b. Cancel the reservation without penalty.
c. Offering an alternative hotel based on availability.
3.28. Some credit card suppliers may request international process fees. gotothrace.com is not responsible from any international process costs applied out of its control. Some facilities, especially USA hotels, may collect holiday resort fees required to be paid directly to the hotel. gotothrace.com is not responsible from holiday resort fees and has no control over hotel practices.
4. PRICE AND PAYMENT CONDITIONS
4.1. Agency shall pay to gotothrace.com prices and service fees, in scope of which they gave process approval during online system usage. Payment process can be carried outby credit card (Visa, MasterCard, etc. ) or bank transfer. Reservations, for which no payment is made until the date of cancellation without penalty, shall be cancelled according to reservation conditions. Payment methods which are carried out without contacting customer services, such as postal check, are not accepted.
4.2. In case no different arrangement is carried out at gotothrace.com online systems regarding the pricing and payment conditions, the prices and service fees stated at related 6, 7 and 8. Articles of gotothrace.com Sub-Agency Online Sales Contract signed between the parties apply.
5. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights, such as license, usage and beneficial interests regarding the system and services and technology provided to Agency via online system or in any way belongs to gotothrace.com. This Contract shall never, in any way, imply the transfer of intellectual property rights, financial rights or related rights or giving license or similar usage rights.
Each provision in this Contract shall be accepted and binding separately, and in case one provision becomes invalid, this does not cause other provisions or the entirety of the contract to become invalid; other provisions shall continue to be valid between the parties. In case any provision becomes invalid, this gap and/or any gap in the contract shall be filled with an interpretation as required by business practices as the case may be.
7. JURISDICTION AND EVIDENCES
All disputes arising out of or in connection with this Contract shall be finally settled by Komotini courts and enforcement offices.
In case of any inconsistency of the records, the records and information in gotothrace.com's books and systems shall be deemed correct and binding between the Parties.
8. OTHER PROVISIONS
This Contract is an inseparable part and Appendix of gotothrace.com Sub-Agency Online Sales Contract signed between the parties. This Contract has come into effect, based on online character of the service, by being approved via online systems as the result of the decision based on free will of parties. Texts seen on the system at the moment of approval by the agency and provisions on those texts are valid and binding between the parties. In addition to this, gotothrace.com reserves the right to change the provisions of this contract from time to time.
This contract, which consists of 8 (eight) articles has come into effect by being approved via online systems and has been accepted by the parties as binding.