This Subscriber Agreement ("Agreement") is entered into as of the subscription date "Initial Term" by and between Hotel Savvy, Inc. ("Hotel Savvy"), a Wyoming corporation, and your hotel ("Subscriber"), a hotel entity seeking to subscribe to Hotel Savvy's online travel brand platform.
1. Scope of Services
Hotel Savvy provides a Software as a Service (SaaS) platform known as HotelSavvy.com ("Platform"). The Platform enables hotels to sell their hotel guestrooms and services on the Platform and showcase their properties to potential travelers. The services provided by Hotel Savvy are contingent upon Subscriber's agreement to the terms and conditions outlined in this Agreement.
2. Subscription and Commitment
By subscribing to HotelSavvy.com, Subscriber agrees to a monthly subscription plan that requires a minimum commitment of 12 months, commencing from the subscription date ("Initial Term"). The subscription will automatically renew for successive periods of the same length as the Initial Term unless either party provides written notice of termination at least thirty (30) days prior to the end of the then-current term.
3. Payment Processing
All subscription payments will be processed through Stripe, and Subscriber shall provide valid payment information upon signing up for the Platform. The subscription fee shall be charged in advance at the beginning of each subscription period.
(b) Failed Subscription Payments: In the event of a failed subscription payment, Hotel Savvy will notify the Subscriber via email, informing them of the issue with their payment method. The Subscriber will have seven (7) days from the date of notification to update their payment method and successfully process the outstanding payment.
(c) Consequences of Failed Payment:
(i) Listing Disabling: If the Subscriber fails to update their payment method and process the outstanding payment within seven (7) days, their hotel listing on HotelSavvy.com will be temporarily disabled for search and booking.
(ii) Subscription Cancellation: If the outstanding payment remains unpaid after thirty (30) days from the initial failed payment date, the Subscriber's subscription will be subject to cancellation.
(iii) Reinstatement Fee: Should the Subscriber wish to re-subscribe after the subscription cancellation due to non-payment, a reinstatement fee of $199 will be required to reactivate their account and access to HotelSavvy.com.
(iv) Collection Proceedings: In the event that the outstanding balance for the hotel's annual commitment remains unpaid after forty-five (45) days from the initial failed payment date and the subscription is canceled, Hotel Savvy reserves the right to initiate collection proceedings to recover the unpaid balance.
(d) Reactivation Process: Following payment of the outstanding balance and the required reinstatement fee, the Subscriber's account will be reactivated, and their hotel listing on HotelSavvy.com will be restored, subject to availability.
(e) Suspension of Services: During the period of non-payment, the Subscriber's access to certain services and features of HotelSavvy.com may be temporarily suspended.
(f) Automatic Renewal: Upon successful processing of the outstanding payment, the subscription will automatically resume, and the Initial Term or the current renewal term will be extended accordingly.
(g) Termination for Non-Payment: If the Subscriber's account remains unpaid for an extended period, Hotel Savvy reserves the right to terminate the subscription agreement without further notice.
4. GDS Connectivity
To participate in HotelSavvy.com, the Subscriber's hotel must have access to the Global Distribution System (GDS), specifically load rates and inventory to Galileo/Apollo. The Platform sells net-non-commissionable rates as a priority. The Subscriber shall maintain their rates and inventory through their Property Management System (PMS), Channel Manager, online booking tool, or other connectivity method to the GDS. Hotel Savvy will provide rate-loading support via the hotel's Hotel Savvy dashboard.
5. Content Management
The Subscriber is responsible for ensuring that all relevant content, including but not limited to name, address, brand affiliation (if any), description, images, amenities, services, and room types, is accurate and up-to-date in their related systems. Hotel Savvy shall pass this content through from the GDS to HotelSavvy.com.
6. Customer Service Responsibility
(a) Hotel Service Obligation: The Subscriber acknowledges and agrees that, once guests book reservations through HotelSavvy.com, the responsibility for all aspects of customer service, including but not limited to booking inquiries, modifications, cancellations, and guest-related issues, lies solely with the Subscriber's hotel. Hotel Savvy will provide a cancellation mechanism for guest reservations via GDS, which the guest may or may not use at their discretion. The hotel shall not be responsible for any customer service matters related to reservations made on the Platform.
(b) Communication with Guests: The Subscriber shall promptly respond to all guest inquiries and requests generated through HotelSavvy.com in a timely, professional, and courteous manner. It is the responsibility of the Subscriber to provide accurate and complete information to guests, including booking confirmations, updates, and any necessary assistance.
(c) Dispute Resolution: In the event of any disputes, complaints, or issues arising from reservations made via HotelSavvy.com, the Subscriber agrees to handle such matters directly with the guest, utilizing their internal customer service protocols, brand standards, and in accordance with applicable laws and regulations.
(d) Liability Release: The Subscriber releases Hotel Savvy from any liability, claims, or damages arising from guest interactions or disputes resulting from reservations made through HotelSavvy.com. The Subscriber shall indemnify and hold Hotel Savvy harmless from any third-party claims related to customer service issues arising from the Subscriber's handling of reservations.
(e) Compliance with Laws: The Subscriber shall ensure that all customer service practices, policies, and procedures comply with local laws and industry standards. Any customer service disputes or issues shall be addressed in good faith and resolved with due diligence.
(f) Review Management: The Subscriber is solely responsible for managing guest reviews and feedback received through HotelSavvy.com. Hotel Savvy does not moderate or control guest reviews and shall not be held liable for any reviews or their content.
(g) Data Protection: In handling customer service matters, the Subscriber shall ensure the protection and privacy of guest data in compliance with relevant data protection laws and regulations.
(h) Communication Channels: The Subscriber shall provide appropriate communication channels for guests to reach the hotel for customer service inquiries, including contact details and support resources.
6. Third-Party Technology
Hotel Savvy relies, in part, on third-party technology and connectivity for the proper functioning of HotelSavvy.com. While Hotel Savvy takes all reasonable measures to ensure the reliability and functionality of the Platform, it shall not be held responsible for any failures or disruptions arising from such third-party technology, nor other circumstances beyond it's control.
7. Limitation of Liability
Hotel Savvy's liability, whether in contract, tort, or otherwise, arising out of or in connection with this Agreement or the use of HotelSavvy.com, shall not exceed the total subscription fees paid by the Subscriber for the twelve (12) months preceding the date of the claim.
8. Intellectual Property
Hotel Savvy retains all intellectual property rights in the Platform and associated materials. Subscriber shall not duplicate, reproduce, or modify any content, code, or design elements without prior written consent from Hotel Savvy.
Both parties shall maintain the confidentiality of any proprietary information exchanged during the term of this Agreement.
Either party may terminate this Agreement upon written notice if the other party breaches any material provision of this Agreement and fails to remedy the breach within thirty (30) days after receiving written notice of the breach.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [State]. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Charlotte, North Carolina.