Terms and Conditions
Service Agreement
This contract will be originated between the Accommodation Provider (further on Provider) by reading and accepting the conditions in this popup window, and the operator of the www.ph.kizmantravel.com portal (further on Operator) with the next conditions: 1. The Provider authorizes the Operator to advertise the Provider's accommodation offers and forward bookings from the Costumers to the Provider from the www.ph.kizmantravel.com website.
2. The Provider can upload the necessary information of the accommodations, photos, details, prices, etc. to the www.ph.kizmantravel.com after a registration process. The system will make an individual page for the Provider. During the advertising time the Providers can modify all their own information, details, photo, discounted prices, etc. by logging into the website's admin pages 3. The Operator has the right to notify the Providers if there is any faulty information or photos are uploaded. If the Provider doesn't see that the information should be corrected or changed, the Operator is not reliable for any damages or problems caused. 4. The Provider is responsible to notify the Operator or update any necessary information
5. The Operator will automatically forward the booking details - booking code, duration, arrival and check out date, number of arriving people, the catering type and quality, discounts, programs,
6. The Provider is responsible to respond the reservation requests by clicking a button in 24 hours. This click will send an e-mail to the Operator and the reservation process will continue. If there are rooms available in the hotel and following on to the Provider's confirmation, the Operator will send the Guest's details (Name, Address, Phone number, e-mail, etc.) in the
7. The Provider is responsible to maintain a quality communication with the reserving Customer, responsible for the correct processing of the booking and fully responsible for the offered services. The Provider also accepting the rule that He is not allowed placing any higher prices on the www.ph.kizmantravel.com website than their own, or other booking portals including package and rack-rate prices.
7/a. The Provider is accepting with this contract that He/She is not allowed to give any of His data (Address, e-mail and website address, phone number, fax number, etc.) to the Customer during
8. The contracting parties agree that all of the rendered bookings need to be reconciled monthly by the 5th of the next month.
9. Fees: The Operator gives a 100% free registering possibility for the Providers and for the Business Partners. 10. The Provider pays minimum 10% gross commission of the full service package price to the Operator after all rendered booking. The Provider is responsible to finalize the accounting of the bookings of any given month by the 5th of next month and transfer the Operator's commission to the given bank account in 8 days.
11. The contracting parties signing this contract for an unlimited time on the day of registering and agree that can be voided by a mutual agreement.
12. In case of contract cancellation both parties are responsible to finalize every account.
13. Other, not regulated questions need to be dealt with the compliance of the relevant Civil Law.
14. This website and various component parts, including these Terms and Conditions are
15. This contract has been accepted by the Provider in His/Hers own will after reading on the date
Updated on the 27th of April, 2012 ----------------------------------------------------------------------------------------------------------------- Terms and Conditions regarding the use of the www.ph.kizmantravel.com booking portal. This Terms and Conditions regarding the www.ph.kizmantravel.com advertising and booking portal is owned by Kizman Travel or Kizman Group. The use of this document without the written and signed authorisation of the owner is against the Intellectual Property law, therefore is illegal.
The Terms and Conditions together with the amended Terms of Use contain the conditions of the general business contract that regulated by the applicable law and gives valuable information of the offered services, rules and regulations to the Providers.
This General Contract outlines the rules for all of the contracting parties including the Operator, Providers and Customers that they will continuously provide the necessary information for each other for the lawful execution of this contract and for the operation of the www.ph.kizmantravel.com portal by the Operator and partially by the Providers in the interest of the Customers.
Business participators: Operator in other names: Kizman Travel, and/or Kizman Group. Provider in other names: Accommodation provider, Partner, Hotel operator, Dealer and/or Affiliate. Customer in other names: Booking guest, Guest. These are listed in the Definitions Amendment.
This document from the Operator doesn't contain any trade secrets, strategically important marketing methods, or information that requires any silence or brings any penalty for breaking that silence. The purpose of this Terms and Conditions with the amended referential is that the Providers and their Customers get a clear picture on the services that the Operator offers, the use and regulations of the system and other business associates. The Operator's first priority is to keep everything clear and provide high standard and secure services to the Providers what should clearly shown in this document.
The contact of the visitors on the Provider's website (www.ph.kizmantravel.com) are mostly indirect and they come to see the travel offers of the Providers, so the Operator is not responsible for any arguments between the Provider and the Customer. If there are any, than the Provider and the Customer need to solve them peacefully between each other. If the Customer contacts the Provider directly who is advertising on the Operator's website, than that contract will come elementary.
Definitions Operator:
The Kizman Travel, Kizman Group or Operator, is the owner and the operator of the www.ph.kizmantravel.com advertising and servicing portal. The Operator with the portal is providing online hotel bookings, marketing options, Web shop forms to partners or Providers. The Operator is a part of the Kizman Group that is continously developing business relationships with other business partners. The Operator with his continuous online advertising platform gives an opportunity to the Providers to advertise and provides an online connection with Customers who would like to book and buy from the advertised packages and items.
Provider:
A natural person, corporation, corporate body or other organizations, dealers who, as an advertiser, seller, accommodation provider, reseller using the above mentioned Web portal. The Provider also can use other portals that are operated by other contracted parties of Kizman Group. The Providers can advertise, market their products through an online booking and Web shop portal. The Accommodation Provider is a Business Partner of the Operator, who is offering his/hers services on the www.ph.kizmantravel.com online booking portal for the Customers for a commission that is outlined in this Terms and Conditions. Customer: (Customer, Booking Requester, Guest ) A natural person, corporation, corporate body or other organization who is requesting any of the contracted Provider's offers from the www.ph.kizmantravel.com portal for a fee or for free of charge. The Customer is visiting this website for the reason of booking an accommodation, purchase any other available items, services for themselves or for anybody else.
This Terms and Conditions and the amended Terms of Use can be modified at any time and for any reason by the Operator. The contracted parties (Providers, Customers, etc.) are required to follow whatever the changes might be.
The Operator keeps the right to change this Terms and Conditions with the 30 days notice clearly visible on the website, prior they come in effects. The validity of the Contract for the Customers The Customer needs to register on the Operator's website in case of accommodation booking, purchasing any items, or services. During the registration process the Terms and Conditions and the Privacy Policy for the Customers has to be read, totally agreed and accepted by clicking on the Accept button. The Customer acknowledges by clicking on the Accept button a Contract will come into effect with the Terms and Conditions between him and the Operator. The validity of the Contract for the Providers The Providers will get the right to use the Operator's services with a Co-operation or Service User Contract. The Contract will become valid when both the Provider and the Operator sign the agreement, or at the case of online self registration the Terms and Conditions has been accepted by clicking on the Accept button. In this Contract it has to be clearly marked that the Operator agreed and accepted the Terms and Conditions without any objection.
Limited user rights in the absence of Contract It is possible that the Provider will get a commitment and free User Right from the Operator for marketing contact purposes and to give an opportunity to acknowledge the offered services that will be available after the Contract will come in to effect. The Providers have no commitment what so ever towards this offered free and limited access towards the Operator and have the right to reject it in e-mail, or in any other forms of communication. In the case of rejection the used details for the contact will be deleted from the system in 72 hours.
In case of disagreement in any paragraph of the Contract or the Terms and Conditions between the contracting parties, it is possible to sign an individual Contract after agreement that will be guidance for any further business transactions. In all other cases the original Contract and the Terms and Conditions will be a uniform guidance.
Notes regarding responsibilities The Operator gives an online contact between the Providers and the Customers through the www.ph.kizmantravel.com website, but the Operator is not responsible for any services that the Provider uploaded, therefore do not wish to interfere in any possible problem solving between the Providers and the Customers. The Operator is only responsible for the factors that guided by the law or directly can be influenced and objected by the Provider. The quality of the hotel, accommodation and the content of the advertising are the Provider's responsibility towards the Customers.
Just like in any other media the Operator will make sure that the advertisements are complied with the media law, but cannot and will not take any responsibility for the advertised and the associated services.
The Operator is not responsible for his continuous and understandable services that are obstructed by a third party, or for those obvious ones what the Provider is responsible for. The Operator is not responsible for any power failure or Internet provider faults. The Operator is not responsible to correct any possible spelling mistakes in the ads, even if those mistakes give a totally different sense, or give double meanings. The correction of these mistakes is the responsibility of the advertising Provider!
The automatic currency exchange system is solely for information and cannot be considered an official, real time and trustworthy service for the website visitors, or the Customers, therefore the Operator is not responsible for the accuracy. Individual Contract The signed Contract becomes individual between the Operator and the Provider, even if the original Terms and Conditions are accepted. According to this contract the Operator will give an online advertising platform (banners, articles, reports, etc.) for an agreed fee and time interval on the www.ph.kizmantracel.com website for the Providers.
Efficiency It is expected that a revenue or a ratio will come from the use of the www.ph.kizmantravel.com portal. However, the Operator is not responsible for any efficiency especially, when the commissions will be paid afterwards and when the Customer rendered the Provider's services. In this view the www.ph.kizmantravel.com portal is a success orientated and paid service.
Success orientated service The Operator offers an online success orientated service on the www.ph.kizmantravel.com portal for the involved Providers (Hotel operators, accommodation providers or owners). The advertisements uploaded in a purpose of booking or co-operations subject to payments when the ads or the co-operations are successful. It means when the Customers book a hotel room or rendering the accounts. The percentage can be set when the Provider is registering to the system, but minimum 10%.
The Operator will give a login access to the registered Providers for the www.ph.kizmantravel.com website's Admin pages. The Providers can upload the limited details of the accommodation (text, photos, prices, package offers, etc.) for free of charge.
The Operator is responsible to notify the Provider immediately of any circumstances that could compromise the efficiency, or the execution of this Contract. The Operator is only responsible for damages if the notification is neglected and the responsibility can be proven. The compensation is also devolving the Provider for a similar case. The correlation of the contracting parties The Providers can advertise their accommodation offers on the www.ph.kizmantravel.com and conduct a low cost marketing activity. The interest of the Providers could be that they are able to get more Customers for the lowest possible cost. In the same time the Customers interest is to get cheaper accommodations and travel related services. Those low cost advertising Providers can lower their prices on the offered services and win more Customers. When the Customer book a hotel room through the www.ph.kizmantravel.com system, legally speaking, will come to a contractual agreement with the Provider. The Operator will help this process with the www.ph.kizmantravel.com website, by advertising and providing an automatic information flow between the Provider and the Customer. By doing this, the Operator's activity still remains in the field of advertising.
The Customer's access to the www.ph.kizmantravel.com or other Internet portals related to the Kizman Group. The advertised offers are uploaded by the Providers every time on different Kizman Group advertising portals. In the same time the Operator runs a very active and effective marketing. Therefore more and more Customers can have access to a database that is growing day by day. In this way the Customers can satisfy their increasing demand for better and wider range of services. The Customers can browse the portals freely, search in the range of offers without any commitments. When they would like to make a reservation, or purchase any available item, they need to register. The registration will be done online by filling out a datasheet and reading, accepting the Terms and Conditions with the Privacy Policy. The Customers has a right to log in at any time and purchase any available offer or item with the onetime registration.
The Provider's opportunity for advertising and marketing on the website. In the interest of effective marketing the Providers get an access for their Admin pages and upload their details of offers for free of charge. However, on the same portal (www.ph.kizmantravel.com) they have an opportunity to highlight, or get a better position for their ads for a separate advertising fee.
The Operator not necessarily will agree all the time with the uploaded information. However, the Operator will stay fair-minded about the uploaded content; therefore the www.ph.kizmantravel.com is not considered as a recommending website. Let the Customers decide what they like. The uploaded content will remain in the ownership of the advertiser all the time. Copying, downloading, multiplying the content of the www.ph.kizmantravel.com or using for any commercial activity is only possible by the owner's permission.
The Provider is responsible for providing the offered and booked services in every circumstance. If the Provider is breaching this contract and the Customer is threatening the Operator with a legal action, than the Operator can terminate the Provider's already signed contract. If the breaching causes any damage to the Operator, the Provider can be liable for compensation.
The Customer is responsible for the appropriate use of the www.ph.kizmantracel.com website and in case of booking or purchasing, providing correct details.
Rates and prices The Providers are responsible for the marked prices on the www.ph.kizmantracel.com website. The Operator has no control rights on the prices as he is still operating as an advertising platform. In some cases some Provider's hotel rooms can be booked for lower prices. These prices could be subjected to different conditions, like cancellations or reimbursements. To avoid any inconvenience or misunderstandings regarding the prices, please read the relevant information on the website. The Operator's objective is that the visitors on the www.ph.kizmantravel.com website pay the lowest possible prices for the available services or products! If the Provider can lower the price after an actual booking made, than we are asking to notify us on the marketing@ph.kizmantravel.com e-mail address, so we can let our other partners know about the competition. We need to note that the Providers are not under obligation to lower their prices. Providing a cost-free environment The Operator is an online advertising and business Contact Company and visiting its website is free. There is no extra booking charge for reservations on the www.ph.kizmantravel.com website. This means that the Operator does not add to the advertising prices and the rooms can be booked for the displayed price or even less. However the Operator has the right to decide to charge for any services He is providing, but this fact will be displayed on the website. These charges if any will not be backdated.
Usage of Credit cards The hotels would need credit card details of the booking Customer for the guarantee of the booking. The conditions and the acceptance of the Credit card is fully depend on the Provider because all financial transactions for the bookings will be rendered with them. The details of the Credit cards will be revealed at the process of the pre-check that the Provider will initiate. In the interest of Credit card details protection the Providers has to use the most secure technology. This applicable to the Operator as well if there is a Credit card payment required. The Operator had chosen the PayPal, the most reliable Credit card payment partner on the world of Internet today.
The room reservation process. The Customer will choose the right room on the reservation portal according to their requirements. Fill out a form and send the details with a Send button to the Provider. If the Provider can fulfil the reservation the Customer will get a confirmation. If the reservation cannot be fulfilled in the advertised way, the Provider will make an offer for different type of service according to the Customer's request. The Customer can choose the payment method during the registration. The Customers have all the rights to get to know every possible detail before they make the final decision and enter into the booking process.
If there is any problem with the website, it is possible to call the Hotline or write an e-mail to the info@ph.kizmantravel.com e-mail address.
We would like to highlight the fact that sometimes the Provider can check and charge the Credit cards of the booking Customers during the booking process. It also could happen that there won't be any refund available on the charge. To avoid any inconveniences would like to ask our visitors to check all relevant information about the reservation and its process.
The Credit card issuer bank most of the time takes responsibility in case of Credit card fraud, or unauthorized Credit card usage by a third party. The base condition of the reimbursement is the immediate report to the Credit card issuer. The investigation of any Credit card fraud is the responsibility of the issuer bank and the relevant authorities. In this matter the Kizman Travel as an advertising agent is not responsible.
Cancelling process of the bookings. Sometimes the Customer has some circumstances change that forcing them to cancel the booked accommodation. The cancelling conditions are set by the rules of the Providers. We wish to ask our visiting Customers to check the Cancelling Conditions before they make any bookings. These conditions have to be marked clearly on the page of the offers. If the Provider doesn't mark it, than usually the booking can be cancelled in 24 hours.
Please note that in some cases of special prices or offers it is not possible to modify or cancel the reservation. Please read all relevant information before you book. If you want to see, modify or cancel your reservation, please call the hotel's Customer Service and accept the fact that you might be charged if you pass the 24 hours cancelling time, or you don't show on the reserved date. To avoid any misunderstanding and inconvenience, please check the Cancelling Conditions on the page of the offer.
Further Conditions
The Customers agree with the booking process that they will receive information in e-mail about programs, useful tips, offers from their booked accommodation surrounding area, even if it is from third parties.
The Customers are recommended to turn to the accommodation providers first in case of any observation, comments or complaints. The Customer is responsible for the content of private opinions published about the accommodations on the www.ph.kizmantravel.com website. The Operator doesn't wish to involve into any arguments what is between the Customer and the Provider unless there is an absolute adjudication. In this case the Operator has the right to reject the advertising services partially or fully from the amerced Provider. In the same time the Operator also keeps the right to modify, remove, or reject the assessments from the Customers. The Operator is only responsible for compensations if his fault can be proven for the value set in an agreement between the complaining person and the Operator. In every other case the Operator defers to relevant authorities or court's decision.
The Operator is not responsible and subject to a compensation if the damage is not relevant for the advertising activity regardless what the causes were, like strikes, unforeseen circumstances, attacks, computer related or other crimes by any other third person that the Operator is not capable or liable to influence. The Provider is responsible for any unauthorized use of any materials uploaded on the www.ph.kizmantravel.com Website, regardless if the information is copyrighted or not.
Updated on the 27th of April, 2012
Leslie Cooper, the Operator of the www.ph.kizmantravel.com Website
----------------------------------------------------------------------------------------------------------------
Privacy Policy
Updated on the 27th of April, 2012 |