PUBLIC AGREEMENT
in LOBBY GmbH (hereinafter referred to as “Company”), registered by the address Beuthener Str. 38, 41844 Wegberg, Germany, on behalf of its General Director, Stepan Adamyan, acting on the basis of the Charter, from one side and Agent (any physical or legal entity which accepts the present public agreement) (hereinafter referred to as “Agent”) from another side (hereinafter individually referred to as “Party”, collectively as “Parties”) concluded the present agreement (hereinafter referred to as “Agreement”) on the following:
1. Subject of the Agreement
Under the present Agreement the Agent offers to third parties services for searching, selecting and booking of hotel rooms (conference halls, buffets) in the Hotel (-s) through inLOBBY.com platform and receives commissions from the total sum of each booking made by the mediation of the Agent.
2. Definitions
3. The Order of Providing Services
3.1. By signing the present Agreement the Agent is provided with a personal account in inLOBBY.com, whereby the Agent presents his personal data to the Company.
3.2. The Agent notifies the Company about bookings, made by Guest through the mediation of the Agent, via e-mail, following which the Company provides the Agent with a confirmation to the booking, made by the mediation of the Agent.
3.3. In case of each booking, done by the mediation of the Agent, a commission in the rate of 3 (three) % from the total amount of booking is accumulated in the personal account of the Agent in inLOBBY.com.
3.4. Total amount of commission, accumulated in the personal account of the Agent in inLOBBY.com, can be used by the Agent when making another booking or can be transferred to the Agent’s bank account from behalf of the Company. Transfer of the amount of commission to the bank account, indicated by the Agent, will be performed within 10 (ten) working days since the receipt of corresponding request from the Agent.
4. Legal Relations of the Parties
4.1. The Company guarantees the functionality of inLOBBY.com for providing Information of the Hotels through inLOBBY.com.
4.2. The Company is obliged in case of sufficient for reservation amount of commission to make a booking at the expense of commission amount, in accordance with a suchlike request from the Agent.
4.3. The Company is obliged to transfer to a bank account of the Agent the total amount of commission in accordance with the Agent’s request.
4.4. The Parties agree that the Company will cover all the fees and charges, if there are any, associated with the bank transfer of the commission amount from behalf of the Agent and will submit to the Agent a written statement on its payment.
4.5. While making a booking through inLOBBY.com, the Agent is obliged to get acquainted with and to introduce to the Guest the Hotel cancellation, amendment and booking policies.
4.6. The Parties agree that the Company acts only as an intermediate and is not responsible for any failures in the services, provided by the Hotels.
4.7. The Agent uses the services of the Company by its own initiative, and the Company cannot determine the accordance of the provided services with the Agent’s requirements.
4.8. The Parties agree that this Agreement cannot serve as a basis for addressing any claims for indemnity of lost profits from behalf of the Agent to the Company.
5. Term and Termination of the Agreement
5.1. The present Agreement enters into force upon acceptance of this Public Agreement by the Agent and is valid for an indefinite period of time.
5.2. The performance of the present Agreement can be terminated immediately by either Party by giving a written notice to the other Party at least 2 (two) months prior to the termination of the Agreement or by mutual consent of the Parties.
5.3. The Company has the right on its own initiative to make public amendments in the terms of the present Agreement by publishing them in inLOBBY.com and/or by other means, acceptable by the Company, at least 5 (five) days prior to the effective date of these amendments. In the event the Agent disagrees with the amendments of the terms of the present Agreement, the Agent has the right to unilaterally terminate the Agreement by giving a written notice on it to the Company prior to the effective date of the provided amendments. In the event the Agent has not provided a written notice on the termination of the present Agreement and continues to use the services of the Company, amendments of the Agreement, submitted by the Company, will deem to be accepted by the Agent.
5.4. In the event of termination of the present Agreement, the Company shall transfer to the bank account indicated by the Agent the total amount of Agent’s commission.
6. Confidentiality and Security
6.1. Each Party agrees that in the performance of this Agreement, all information concerning the other Party, including, without limitation, information concerning online booking communication process, personal information of Guests and Agents, transaction volume, business and financial information, list of the Guests, as well as details on the rates and sale, will remain confidential and will not be utilized, directly or indirectly, by such Party for any purpose and to the extent necessary a) to complete obligations under this Agreement or b) that any such information is known or available to the public through a source or sources other than such Party, c) its disclosure is required pursuant to law, court order, subpoena or governmental authority.
6.2. Under the present Agreement the Agent shall fulfill its activities in a manner that will reflect favorably on the good name, goodwill and reputation of the Company.
6.3. The Agent shall refrain from any false or irrelevant statements on behalf of the Company.
6.4. The Agent shall use inLOBBY.com only in accordance with the present Agreement and pursuant to the legislation.
7. Miscellaneous
7.1. The dispute of any nature whatsoever arises in connection with, or arising out of, shall be resolved by means of negotiations. In case of disagreement, the resolution of disputes is performed in accordance with the legislation.
7.2. In the event the Party changes its address name, contact and bank information it shall notify the other Party about suchlike changes within 5 (five) working days.
7.3. The communication between Parties is performed via e-mail addresses, specified by the Parties, unless otherwise agreed by the Parties. Under the present Agreement a notification sent by e-mail is deemed to be an appropriate notification.
7.4. The invalidity or unenforceability of any provision of the present Agreement shall not affect the validity or enforcement of any other provision.
7.5. Parties will not be liable for the partial or total non-performance of the obligations under the present Agreement due to force majeure circumstances, which unusual and unforeseeable consequences could not have been avoided and if the Parties could not foresee or prevent it by any reasonable measures. Circumstances of force majeure include earthquake, flood, ice storm, fire, epidemic disasters, acts of terrorism, war, social unrest, strikes, disrupt of communication, electricity, or other similar acts. The performance of obligations of the Parties will be postponed till the cease of such force majeure circumstances.
7.6. This Agreement is made in the English language, consists of 3 pages. This Agreement can be translated into other languages. In case of inconsistencies between the texts, the English version prevails.
8. Legal addresses, requisites and signatures of the Parties
in LOBBY GmbH (inLOBBY.com)
Address: Elbinger str.20, 41844 Wegberg, Germany
Commerzbank. Branch Erkelenz
Account number: 450922000
Bank code number: 31040015
General Director of in LOBBY GmbH
Stepan Adamyan
