In these Terms and Conditions for Heysem Online (“Heysem Online”, “our”, “us” or “we”), the terms “you” and “your” refers to the Travel Business (i.e. a travel company such as travel agents, tour operator, other wholesaler or airline providing ground services to customers), that wishes to purchase a variety of travel components, including but not limited to, accommodation, transfers, sightseeing tours, excursions and meals out (collectively referred to as “Travel Components”) on our website for onward sale to the end customer (“Customer).
Please read these Terms and Conditions carefully. By accessing our online reservation system you represent to www.heysemonline.com that:
- You have read and understand these Terms and Conditions.
- You agree to be bound by these Terms and Condition, in relation to your access to the Heysem Online system and our website.
- You as the representative for your Travel Business have the authority to enter into these Terms and Conditions and bind Travel Business.
You hereby agree to waive any rights to challenge the validity or enforceability of these Terms and Conditions on the grounds that the agreement created by acceptance of these Terms and Conditions was made electronically.
The Website Policies and Terms & Conditions would be changed or updated occasionally to meet the requirements and standards. Therefore the Customers must be notified about these changes as well as the Payment Gateway Provider.
1. Scope of Services
a. These Terms and Conditions refer to all bookings and/or services made through our online reservation system. By accessing and completing a booking through our online reservation system you acknowledge that you have read, understood and agree to comply with the following Terms and Conditions and all applicable laws and regulations governing Heysem Onliner’s online reservation system, website and services.
b. In order to gain access to our online reservation system, you confirm that you are a bona fide Travel Business. Only a bona fide Travel Business is able to obtain a login ID, password and company access code to enter our online reservation system. If you cease to be a bona fide Travel Business, you must notify us immediately. In the event you provide Heysem Online with false information, defraud or attempt to defraud Heysem Online you will lose all privileges to our online reservation system and we reserve all rights against you.
c. Note, we transact only with travel companies for the sale of Travel Components and make no direct contact with the Customer. Heysem Online is not a travel agent, nor is it acting as a travel agent.
2. Credit Line
a. As a Travel Business accessing our online reservation system to book Travel Components and wishing to establish a credit line (“Credit Line”), you agree to comply with our Terms and Conditions and will be designated as a “Credit Customer”.
b. To obtain a Credit Line, we will require a floating deposit or bank guarantee from an internationally recognized bank, equivalent to a value that is mutually agreed upon between the parties.
c. Upon obtaining a floating deposit or bank guarantee in the requisite amount and our approval of your completed credit application form. A Credit Line will be established in an amount equal to, or, at the discretion of Heysem Online greater than the value of your floating deposit or bank guarantee.
d. All Credit Customers will be provided with an individual supervisor login ID, password and unique company code The “Supervisor” shall be designated by the Travel Business. 2 Heysem Online: Travel Business.
3. Payments and invoices
a. All rates quoted are net, non-commissionable, and inclusive of taxes and service charges (unless stated otherwise in the booking details).
b. Rates are quoted in the currency selected at the time of booking and invoices must be paid in the same currency as the invoice.
c. Full payment must be received within twenty-one (7) days from the invoice date, and prior to exceeding the credit limit on your Credit Line.
d. Invoices will be issued on the commencement date of the respective Travel Component. The value of the invoiced amount will be deducted from the Credit Line to reflect the current available credit on the account in real time.
e. New bookings will only be processed if the available credit is above zero.
f. All bookings’ invoices will be issued on the booking’s arrival date. Payment is due as per the number of days specified in your Agency Agreement.
g. We reserve the right to suspend/block your system access, cancel all future bookings and/or terminate the contract if payments are not made as per the agreed period or deadline.
a. Other than as is specified in this agreement Heysem Online is making no representations, undertakings or warranties to Client of any kind, and in particular (without limitation).
b. Heysem Online is making no representations, undertakings or warranties in relation to Heysem Online Inventory including as to the description of the Heysem OnlineInventory and availability of Heysem Online Inventory and has no liability in relation to those matters.
c. Any information provided on the Website in relation to the Heysem Online Inventory is provided as general information and Heysem Online shall not be liable if any such information is incorrect or inaccurate in any respect.
d. Heysem Online is making no representations or warranties in relation to the Booking System and is not liable in any respect for any failure of the Booking System.
e. Heysem Online is not liable for any Loss or any kind arising directly or indirectly out of the action of any Hotel, Transport Company or any other person providing services comprised in the Heysem Online Inventory.
a. Bookings can be made through the following:
- Call center (for those properties or services not found on the website)
b. It is your responsibility to ensure that all information in the bookings is correct. You will be liable for any charges incurred due to incorrect information given on the booking.
c. It is your responsibility to check all special conditions of the bookings.
d. Bookings should be made only for genuine reservations. We reserve the right to cancel bookings which appear to have been made to block or hold spaces.
e. Heysem Online voucher should be issued and given to the traveler at all times. Any vouchermanually issued from your side will be your responsibility. Heysem Onlineshould be notified priorto arrival if travelers are not carrying any voucher otherwise, Heysem Online will not be responsiblefor any inconvenience/charges caused to the travelers because of not having the voucher.
f. All booking cancellations are subjected to the cancellation conditions of the booking.
g. All booking amendments are subjected to the amendment policy stated on the booking if there is any otherwise, it will follow the same deadlines & charges of the cancellationcondition.
h. Any requests such as early check in, late check-out, high floors, adjoining,interconnecting, non-smoking and others alike will be requested from the hotel but,cannot be guaranteed.
i. If a triple room is booked, the extra bed provided by the hotel is commonly a roll-awaybed or sofa bed.
j. Bedding type should be requested at the time of booking and is subjected to hotel’s availability.
k. When you wish to amend or extend your booking, please go to the same booking and fill the remarks automatically it will comes to us or email us about. Please, remember to check the hotel's cancellation policy before making any changes to your booking. Non-refundable rooms and other special deals can have a different cancellation policy.
l. It is your responsibility to add and train ‘agents’ or users under your account and tomonitor all their bookings. You will be responsible for all payments due on suchbookings.
m. In the occasion where hotel is under renovation, all possible steps will be taken to limitdisruptions to the guests. If the hotel is carrying out renovation while guests are in-house,this will not entitle you to any refunds.
n. We guarantee only the first night of the booking. Hotels may release the rooms aftermidnight on the day of arrival. If your guests are arriving late, it is your responsibility toinform us via remarks, email or contact the emergency number for last minutes changes,so we can advise the hotel to hold the rooms.
o. Double bookings may results in both bookings being charged.
p. Most hotels request for a credit card/cash to be given at the time of check in as guaranteefor any extras which they will refund upon check out. Heysem Online is not responsible for theextras incurred by the guests.
a. The rates or prices at the time of booking confirmation will always prevail and yourinvoices will be raised according to this.
b. Hotels may offer special walk in rates from time to time according to their occupancy.On this occasion, we will not be entertaining any rate complaints if their published rategoes lower than Heysem Online rates.
c. Any amendment done on a booking confirmed on a special rate, minimum/long-staypromotions may incur rate change. This is also applicable to no-shows.
7. Child Policy
a. Child/children should always be added on the booking and/or Heysem Online should be informedprior to arrival date if there is/are any children coming with the parents. Hotels havedifferent child policies & charges. Failure to do so may result in the guests being chargedfor the extra child/children or not being accommodated.
b. If meals are included on your booking, the property commonly provides meals forchildren aged 2 years old and below free of charge, children between 3-12 years old arecommonly subject to extra meal charges, depending on the property.
c. For any transfers booking, if you are travelling with babies or infants, it is theresponsibility of the guests to ensure they have the correct child/infant seat for use in thebooked vehicle. Failure to do this could result in the service not taking place with norefund possible.
a. All vehicles provided are based on 1 piece of medium-sized luggage per person. Youhave to inform us beforehand if your guests are planning to carry a bigger or more than 1luggage per person as we may need to arrange a larger vehicle for this, with an extra cost.Failure to inform us may results in the driver charging your guests directly for any extrasincurred.
b. Waiting time for the driver is 1 hour, guests need to be at the meeting point at least 5minutes prior to the confirmed pick up time, if guests fail to show at the meeting pointafter an hour, driver will be released and service will be charged in full. For airport pickup,driver waiting time is 1 hour after the flight has landed.
c. It is your responsibility to update the details of your transfer booking through the system.
d. Case of any changes; and inform us accordingly prior to the service date so we canadvise our suppliers/drivers.
e. For any last minutes changes, please ask your clients to contact the emergency numbergiven on the voucher.
f. Guests should be aware of the meeting point stated on the voucher and call theemergency number written on the voucher if they cannot locate the driver at the meetingpoint.
9. Book Outs
a. In situations where hotel is required to close due to reasons such as overbooking, systemerrors, government taking over the hotel/property for their use and other force majeure, Heysem Online will endeavor to find a suitable alternative accommodation for your guests. Heysem Online will try to offer alternative of the same category and location, whenever possible. You will be invoiced as per the hotel or accommodation bearing the lower cost.
a. Any booking complaints should be raised no later than 30days after departure date.
b. All complaints should be supported with proofs. Any unsupported complaints will not beentertained.
11. Intellectual Property Rights
a. Heysem Online is the owner and licensed user of all Intellectual Property rights and published material on its online reservation system and website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
b. “Intellectual Property” refers to intellectual property of every sort, whether or not registered or registerable in any country, including intellectual property of kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, so far only as they are applicable to the products and/or services of each Party.
c. You shall indemnify and keep indemnified Heysem Online against any and all claims, costs, demands, actions or proceedings made against or incurred by Heysem Online as a result of your use of Heysem OnlineIntellectual Property not in accordance with these Terms and Conditions.
a. Any booking and/or any use of our services shall comply with all local, national or international applicable legal provisions.
b. We reserve the right to amend these Terms and Conditions if and when necessary. It is Travel Business’ responsibility to be aware, remain current and comply by our Terms and Conditions.
c. Without prejudice to any of Heysem Online’s other rights, we reserves the right to deny access to our online reservation service, cancel bookings, or terminate this agreement wherever and whenever we believe you are in breach of our Terms and Conditions.
d. If any of the obligations in these Terms and Conditions is at any time held by any jurisdiction to be void, invalid or unenforceable, it shall be treated as changed or reduced only to the extent minimally necessary to bring it within the laws of that jurisdiction. To prevent it from being void it shall then be considered binding in its changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
e. The waiver, in one instance, of any act, condition or requirement stipulated in these Terms and Conditions shall not constitute a continuing waiver or a waiver of the same act, condition or requirement in other instances, unless specifically so stated. If we choose not to exercise any rights under these Terms and Conditions, it shall in no way constitute a waiver of those rights, nor shall it excuse you from any of your requirements under these Terms and Conditions.
f. All references to time shall be based on the Gregorian calendar.
g. The headings in these Terms and Conditions are for reference only and are not to be construed as part of the understanding between you and Heysem Online.
h. You may not assign your rights to use our online reservation system and/or services. For purposes of these Terms and Conditions, mergers, consolidations, corporate reorganisation, transfer or sale of a controlling interest in a party’s stock or a substantial or partial sale of corporate assets shall not be regarded as an assignment.
i. These Terms and Conditions may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Terms and Conditions. The counterparts of these Terms and Conditions may be executed and delivered by facsimile or other electronic signature by Heysem Online to Travel Business and by Travel Business to Heysem Online. The receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received.
j. These Terms and Conditions have been drafted, and shall be construed, in the English language. Any translation of the Terms and Conditions prepared by either party is for convenience only. If there is any contradiction between the English language version and any such translation, then the English language version shall prevail.
k. Any provision of these Terms and Conditions which impose an obligation after termination or expiration of the Terms and Conditions shall survive the termination or expiration of these Terms and Conditions.