Agreement
Between RentMama (“RM” or “RentMama.com”) and Car rental/hire company (The “Licensee”)
The Licensee Agrees:
- To make sufficient Product available to RentMama.com such that visitors to RentMama.com’s sites will have Product available for purchase.
- To offer Product on RentMama.com websites at a price not exceeding the lowest price at which the Licensee offers such Product elsewhere (including on the Licensee's own websites).
- To honour all bookings made through the RentMama.com network an to respond in a timely manner in relation to queries
- To perform checks as necessary to ensure that all bookings taken by RentMama.com are processed correctly such that the Customer can avail of the Product purchased.
- That the deposit retained by RentMama.com in respect of the reservation of the Product (the 'Deposit') will equal the charge for the IT services provided by RentMama.com and that no further monies will be collected from or payable by RentMama.com.
- The Deposit retained by RentMama.com will be 15% of the price of the Product.
- In case of booking, the Customer’s credit card will be debited for a deposit in amount of 15% of the full price for the Product and this sum is a commission fee to Rentmama.com. The Customer shall pay the remaining 85% to the Supplier upon arrival.
- In case of any modifications to/cancellation of the booking, RentMama.com provides to the Supplier a refund in amount up to 50% of the withheld Contributions, if the Customer has modified or cancelled the booking less than 14 day (336 hours) before the beginning of the lease term. If the Customer has modified/cancelled the booking more than 14 day (336 hours) before the beginning of the lease term, RentMama.com will not provide any compensatory payment to the Supplier.
- In the event of any modifications to/cancellation of the booking, the Suplier shall inform RentMama.com by writing to [email protected]
- Any payments to RentMama.com by the Licensee under this agreement shall be made free and clear of all taxes, deductions or withholdings. If such taxes, deductions or withholdings are required by law, the Licensee shall pay to RentMama.com such additional amount as may be necessary in order that the net amount received by RentMama.com after such taxes, deductions and withholdings shall not be less than the amount RentMama.com would have been entitled to receive in the absence of any such taxes, deduction or withholding.
- That in the event of the Licensee not honouring any booking, the Licensee shall find an equivalent product for the Customer without recourse to RentMama.com.
- To charge the Customer the balance payable in respect of Product only upon arrival or presentation, the balance being the difference between the full price quoted on the internet and the Deposit retained by RentMama.com.
- That the Licensee is responsible for updating and maintaining the Company information and pricing for its Product through the RentMama.com Company Profile and Making Offers and that the Licensee is responsible for any data entry errors which may arise in respect of pricing.
- That RentMama.com has no responsibility to the Customer for the making of bookings and that bookings are agreements between the Customer and the Licensee and that the Licensee shall indemnify RentMama.com in respect of loss and damage arising from any Customer claims.
- To comply with all applicable laws in its use of RentMama.com technology and dealings with RentMama.com, including but not limited to, laws relating to privacy and data protection insofar as they relate to Customer data.
- Not to disclose any credit card information provided by any Customer to any person other than as necessary to effect a lawful payment for Product or as required by law.
- The Licensee has the right to refuse the reserved car to the Customer if the Customer has provided false information while booked the car.
- In order to ensure equal supply and rental car choice for visitors photos placed on RentMama.com portal may not contain the company's logo, name, identifying emblems, symbols and other features on the images.
RentMama.com agrees:
- To provide Information Technology (“IT”) services to the Licensee such that the Licensee’s products and/or services (“Product”) may be booked online over the Internet by third party customers (“Customers”).
- That the Customer's credit card will be debited for a deposit amount 15% from full price and that this sum is the commission fee of Rentmama.com. The other 85% the customer pays to the Licensee uppon arrival. If the Customer does not arrive. Rentmama.com pays the Licensee upto 50% from the deposit, if the Licensee has informed Rentmama.com about it in writing.
- To promote the Licensee's product on some or all of its websites and through its network of affiliates.
Liability
- The IT services are provided by RentMama.com on an ‘as is’ basis. RentMama.com makes no representations, warranties or undertakings with respect to the services provided under this agreement. To the greatest extent permitted by applicable law, all representations, warranties and conditions, express or implied, statutory or otherwise, are hereby excluded, including without limitation warranties as to quality or fitness for a particular purpose.
- RentMama.com shall have no liability to the Licensee for loss or damage arising out of or in connection with this agreement, including but not limited to loss of data, income, profit or opportunity and third party claims, or for any indirect or consequential loss or damage. Content provided by Licensee
- The Licensee warrants that (i) any content which relates to the Licensee's Product (including information, reviews and photographs) provided to RentMama.com by the Licensee (the "Content") is owned by the Licensee; and (ii) the Content is true and accurate and not misleading.
- The Licensee shall provide RentMama.com, where requested, with accurate information as to any additional local or value added taxes to be paid by the Customer in respect of the Product.
- The Licensee hereby grants RentMama.com (and any sub-licensee of RentMama.com) a royalty free licence to use the Content.
- The Licensee agrees to indemnify and hold RentMama.com and its sub-licensees harmless in respect of any claim by any third party arising from the use of the Content by RentMama.com or its sub licensee.
Restricted Nations
- The Licensee hereby warrants, confirms and undertakes that it is not a national or controlled by a national of Cuba, Iran, Syria, Sudan, Myanmar (Burma) or North Korea (each a "Restricted Nation") and that the Licensee's [products and/or services] in respect of which information services are provided are not and will not be situate or delivered in a Restricted Nation. The Licensee agrees that this Agreement shall terminate immediately upon the Licensee becoming or becoming controlled by a national of a Restricted Nation.
Termination of the Agreement
- Either party may terminate this agreement by giving not less than 28 days written notice.
- The Licensee undertakes on termination of this agreement to cease using and to refrain from further use of any software or service provided by Agreement
- RentMama.com reserves the right to terminate this agreement with immediate effect in the event either:
- the Licensee's average rating by Customers on any of RentMama.com's websites falling below 50% (fifty percent); or
- failure by the Licensee to comply with the terms of this agreement.
General
This agreement shall be governed by and construed in accordance with the laws of Republic of Latvia, and RentMama.com and the Licensee agree to submit to the jurisdiction of the Republic of Latvia.
This agreement is personal to the Licensee and may not be assigned, sub-contracted or otherwise transferred in whole or in part without RentMama.com's prior written consent. RentMama.com and the Licensee are independent contractors and nothing in this agreement shall render them partners, joint venturers or principal and agent.
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