AGREEMENT BETWEEN YOHO BED LANKA (PVT)LTD AND {{ $prop->actual_name }}
This Agreement is made and entered into at Colombo in the Democratic Socialist Republic of Sri Lanka on this {{ date('D') }}.({{ date('d') }}) day of {{ date('M') }}. {{ numberToWord(date('Y')) }} ({{ date('Y') }}) by and between YOHO BED LANKA of No 245 1/1,De Fonseka Place,Col-4. [hereinafter called and referred to as “SERVICE PROVIDER” which term or expression as herein used shall as and where the context so requires or admits mean and include the said YOHO BED LANKA(PVT) LTD and its successors in office and assigns ]
{{ $prop->address }} [hereinafter called and referred to as “COMPANY” which term or expression as herein used shall as and where the context so requires or admits mean and include the said {{ $prop->actual_name }} and its successors in office and assigns ]
WHEREAS
The Company is the owner/operating/managing hotel rooms, hostels, serviced apartments, B&Bs, rooms for rent, cottages, Villas, lodges etc. listed in Annexure 1.
The Service Provider is in the business in standardizing “Accommodation(s)” and branding ,marketing and renting the same under its brand name and undertakes to develop and maintain “App” to manage bookings online via App called”Yoho Bed” .
The Company desires to associate with the service provider and avail the services of the service provider for marketing and booking of rooms of the Accommodation(s).
TERMS
This Agreement will remain in force for a period of 3 Years from {{ date('Y') }} (commencement date) till {{ date('Y',strtotime(date("Y", time()) . " + 1095 day")) }}
Parties agree to provide the company with the requisite specifications for the standardization of the Rooms as per the instructions of the Service Provider and at the cost of the company.
The Company will be entitled to use the Services on credit by using Promo Code or Credit Voucher which is given to each Property Owner a dedicated promo code for this purpose in the manner as specified under Annexure 2 of this Agreement.
The Company shall submit the Promo Code on the dedicated mobile application for this Services (“Yoho Bed App”) before accepting bookings from any online Agents including the Company.Then the property Owner can manage their bookings through the portal.
FEES AND SERVICES
However the company shall supply the service provider with a rooms at a fixed agreed rate and thereafter, the Service Provider shall advertise rooms to it’s customers as per the rates in Annexure 03.
In the event that customer making payments for the rooms to the company, the company shall remit agreed commission to the Service Provider. In that case Service Provider is not liable for such collection.
However in any event as clause No.3(b) ,Service Provider shall send Company an invoice as soon as reasonably practical after the date service provider(within 07 days) and all invoices shall become payable immediately and shall be paid in full by Company within 07 days of receipt.
The fee shall become payable on a pro rata basis at the end of each month as per the annexure No.2.
However either party may increase the rates on giving other party not less than 30 days written notice.
Nonpayment of the commissions/monies due to the Service Provider shall be treated as breach of contract and except remedies available in clause No.5 ,Service Provider shall be entitled to have extra 10% of the Commission as a damage.
THE OBLIGATIONS OF THE COMPANY
To maintain at its cost the Accommodation(s) in accordance with the standards prescribed by the service provider.
To maintain a proper booking system in accordance with the standards as may be prescribed by the service provider.
ensure safety and security for all the guests of the rooms at all times.
handle all complaints, issues and grievances relating to the rooms or staff or facilities of the company by company. It is expressly agreed that service provider shall not in any manner be liable for any claims or whatsoever and company shall hold the service provider fully indemnified against same.
To pay service provider’s commissions at given time and ensure all the payments have been paid to the service provider without any delay.
Construction or Renovation: No major construction or renovations shall be undertaken on the Accommodations during the Guest stay without prior written notification to the Service Provider. Only repairs of an emergency nature and those that are considered regular maintenance shall be conducted immediately prior to or during the Stay and shall be halted if the repairs in any way disturb guest accommodations. If for any reason renovation and/or construction is unavoidable, representatives of the parties will meet and negotiate in good faith to determine if alternate arrangements can be made or additional concessions can be provided that would allow the host to continue with his booking.
Confidentiality Obligations-The Receiving Party (“Receiving Party” means the Party receiving Confidential Information of the other Party) undertakes that it will keep the Confidential Information strictly confidential and that it will not at any time without the prior written consent of the Disclosing Party ( “Disclosing Party” means the Party disclosing Confidential Information to the other Party.)
directly or indirectly disclose Confidential Information, or any portion thereof, to any third party;
directly or indirectly to disclose to any third party (other than those authorised to receive Confidential Information under this Agreement) the fact that discussions between the Parties regarding the Yoho Bed services; or
use the Confidential Information for any purpose other than in connection with the purpose of investigating and negotiating the Yoho Bed services.
ON COMPETE AGREEMENT
Limited Time and Duration
The undersigned parties hereby agrees that during the course of the Agreement and for a period of 2years immediately following the expiration or termination of the Agreement for any reason, whether with or without good cause or for any or no cause, at the option either of the Yoho Bed or the Property Owner, with or without notice, Property Owner will not compete with the Yoho Bed and its successors and assigns, without the prior written consent of the Yoho Bed
Limited Scope of Prohibited Activities.
The term “not compete” as used herein shall mean that the Contractor shall not, without the prior written consent of the Yoho Bed, (i) serve as a partner, employee, consultant, officer, director, manager, agent, associate, investor, or otherwise for, (ii) directly or indirectly, own, purchase, organize or take preparatory steps for the organization of, or (iii) build, design, finance, acquire, lease, operate, manage, invest in, work or consult for or otherwise affiliate with, any business in competition with or otherwise similar to the Yoho Bed business.
TERMINATION
Either party may terminate the Terms immediately on notice to the other party if:
either party has materially breached any provision of the Terms and where such breach is capable of remedy the party has not so remedied in 30 days of written notification; or
If the Service Provider has sent 3 notices to the Company to remedy their faults or maintain the accommodations as per the standards and if the Company fails to do so the Service Provider can terminate the agreement with immediate effect.
However Company agrees with service provider that the Company cannot terminate this Agreement till { date('Y',strtotime(date("Y", time()) . " + 365 day")) }}
On termination of the Terms, by whatever means, Company shall pay Service provider any outstanding sums due up to the date of termination and Company has to return Service Povider’s properties in proper manner and if there are any damages the company should be paid damages to the Service Provider.
If any bookings has been made with service provider’s portal after the termination date the Company shall immediately cancel the booking and refund the payments to Service Provider.
LIMITATION OF LIABILITY
Nothing in these Terms (including this clause 5) shall exclude or restrict the liability of either party for death or personal injury resulting from the negligent act of one party or for any other liability to the extent that the same may not be excluded or restricted by governing law, or for liability for any fraudulent misrepresentation by a party to the Terms.
Company expressly understand and agree that service provider shall not liable for Company’s loss of profit, business revenue, goodwill and anticipated savings;
COMPENSATION FOR DAMAGES:
The Company agrees to indemnify and hold harmless the Service Provider and its representatives from any claims, suits, losses, liabilities, damages and expenses, including reasonable attorneys' fees and court costs for the damage they cause.
The Company agrees to indemnify and hold harmless the Service Provider and its representatives from any Claims or suits though that occurs due to Company or Its representative’s negligence or by fault of the Company or it’s representative. Therefore Users agrees to indemnify the Service Provider and its representatives from any type of vicarious liability.
The Company accept that the Service Provider is not responsible for any issues that arise during the stay, such as accidents, thefts, or discomfort etc….
Property Name
Location of the property
Property Type
No of rooms
Commission amount
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@if( $prop->propertytype->name == 'Hostel' ) USD 1 per booking per night @elseif( $prop->propertytype->name == 'Homestay' ) USD 3 per booking per night @elseif( $prop->propertytype->name == 'Apartment' ) USD 3 per booking per night @else USD 5 per booking per night @endif