This document is current as of January 25, 2018 and may be updated from time to time.
The following Hosting Terms & Conditions (the “Hosting TC”) form part of the Hosting Agreement (the “Hosting Agreement”) between the Host requesting to list rental properties on the www.BestDealsAsia.com (the “Website”) and Best Deals Asia Pte Ltd (the “Company”, “BDA”).
1. HOSTING REQUIREMENTS
1.1 The Host shall provide or submit specific information on each property included in its relevant listing. Information will include but is not limited to the property’s location, photos, rates, description, amenities, rooms and services.
1.2 The Host warrants that the information is always current, true, correct and never be misleading. The Host warrants to update the information on a regular basis directly through bestdealsasia.com.
1.3 Pricing rates and information for each listing must be current and inclusive of all applicable local taxes, local fees and local surcharges.
1.4 Information shall not contain any email, telephone, fax numbers or links, including social media, app or platform references to any other website, app or connection to any other third parties.
1.5 BDA, in its sole discretion, may decide that any information will not be included in the listing. BDA reserves the absolute right to edit or exclude any information or the entire listing if the Host does not take immediate and sufficient action to correct any improper information.
1.6 All updates and amendments of the information shall be made by the Host, unless by BDA as requested by the Host in writing.
1.7 Information provided by or submitted by the Host remains the exclusive property of the Host.
1.8 The information, including photographs and content, may be used by BDA in its marketing and promotional campaigns. Where information is translated into other languages, the exclusive property rights of such translations remains that of BDA. Such translations may not be used by the Host for any purposes, including distribution and sales channels, without written approval from BDA, which may or may not be granted at its sole discretion.
1.9 The Host shall afford BDA the same rate and availability parity as that on the Host’s own website, property front door, or any other online or offline booking channels.
2. HOST SERVICE FEE
2.1 The Host shall pay to the Company a Host Service Fee (the “Host Service Fee”) for every booking of a listing published by the Host on the Website.
2.2 The Host Service Fee is calculated as 10% percent of Total Booking amount, which is the number of nights booked by the Guest multiplied by the nightly rate (inclusive of taxes, fees, surcharges and any and all other extras). Extras such as breakfast, meals, tours, extra persons, must be noted on the booking confirmation as whether included in the price or an additional cost.
2.3 The Host Service Fee is exclusive of the Guest Service Fee payable by the Guest.
2.4 The Host Service Fee will be deducted from the Total Booking amount. The remaining amount will be remitted to the Host as the Payout.
2.5 The details of Host Service Fees for each booking will be sent to the Host and may be viewed on the Host's Dashboard on the Website.
2.6 The full (nett) amount of the Host Service Fee percentage is payable to BDA in its full amount. The full (nett) amount will be free of any deductions, withholdings, taxes, fees or any other charges. The Host agrees to remain responsible for any taxes, levies, fees or charges associated with the part of the Host Service Fee that normally forms part of the total booking amount.
2.7 The Host Service Fee and Payout will be in US Dollars.
2.8 In the event of a dispute between the Host and BDA on the amount of Host Service Fee, BDA will apportion the disputed amount of the Host Service Fee pending further investigation and resolution. The undisputed amount will be processed in regular manner and timelines.
2.9 Cancellations made by Guests within the period where NO cancellation fees apply will NOT attract a Host Service Fee.
2.10 Cancellations made by Guests within a period where cancellation fees apply will attract a Host Service Fee.
3.1 Monies due to the Host (the “Payout”) on every successfully completed booking will be remitted via the Host’s chosen Method of Payout. The Host may select their Payout Method in their Dashboard on the Website.
3.2 Payouts to Hosts will be scheduled for payment 24 hours after successful check-in by a guest. The details of Payouts will be sent to the Host for each booking and may also be viewed in the Host's Dashboard on the Website.
3.3 In the case of a Payout being delayed for any reason, the Host waives all rights to claiming any statutory interest or any fees or charges associated with a late Payout.
4. BOOKINGS, OVERBOOKING AND CANCELLATION
4.1 For immediate acceptance bookings (“Book Now”), the Host shall be bound as a contractual party to accept each and every online reservation in its entirety as made through the Website, inclusive of any requests made by the guest at the time of booking.
4.2 The Host may, at its own discretion, choose to turn off the “Book Now” functionality and screen requests made by Guests prior to accepting a booking.
4.3 Following a successful booking request, the Host will receive a notification and email of the booking with all information pertaining to requests and payments. The Host shall, on a regular basis, check all information pertaining to each booking through its Dashboard.
4.4 In the event that the Host cannot provide the booked Accommodation or meet its obligations due to overbooking or when such an event comes to its attention, the Host must notify BDA at its support centre (email@example.com) immediately. The email of the Host to BDA will clearly include the Subject “OVERBOOKING”, the booking reference number and any other pertinent information to help BDA identify the booking.
a) The Host will find a suitable alternative to the overbooked property for the Guest where the guest accepts such an alternative.
b) The Host may ask BDA to assist in the relocating of the guest if the Host cannot find a suitable alternative.
c) The Host will cover the costs of private transport to an alternative property.
d) Any reasonable costs associated with the overbooking and the relocation of the guest will be paid by the Host or reimbursed to BDA within 30 days of receipt of invoice.
4.5 Cancellation by Guest: Cancellations made by Guests before the Cancellation Policy comes into effect will not attract any Host Service Fee.
4.6 Cancellation by the Host: The Host cannot cancel any reservation made on the Website, unless by Force Majeure.
4.7 Hosts are bound by the cancellation policies provided by BDA and as selected by the host for each listing.
5. FORCE MAJEURE
5.1 In case of a Force Majeure event that directly affects the Guest and the booking, the Host agrees to refund all paid monies where a refund is requested by the Guest. If the Guest has already checked-in, any unused portion of the accommodation period will form part of the refund caused by Force Majeure.
5.2 Where requested, the Guest will provide the Host and/or BDA a reasonable proof of the Force Majeure event.
5.3 The types of Force Majeure are described in the BDA Website Terms and Conditions.
6. GUEST PAYMENT
6.1 BDA accepts all payments through PayPal or all major credit cards through its payment gateway, Stripe.
6.2 All payments for any services and accommodation for any listing by the Host on the Website, booked through the Website or associated with any booking on the Website will be paid to BDA through the payment options above. No monies and payments for any services or accommodations booked on the BDA website can be collected by the Host.
6.3 BDA is responsible for collecting the full amount due for all services and accommodation on behalf of the Host.
7.1 BDA will provide the Host with a Dashboard that the Host can access within the BDA Website. A username and password can be created by the Host to gain access to this Dashboard section and all the associated functionality.
7.2 The Host must at all times keep the login credentials to its Dashboard safe and confidential. In the event of any security breach of the Host’s Dashboard, the Host must immediately advise BDA through its support centre at firstname.lastname@example.org.
8. MARKETING AND ADVERTISING
8.1 The Host hereby affords and grants BDA a non-exclusive worldwide right and licence:
8.2 To use the information submitted and provided by the Host to perform its duties of marketing, promoting, advertising either on the BDA website, through its social media channels, television, radio, newspaper, magazine or any online or offline channels.
8.3 To reproduce, distribute, display, copy and communicate to the public in any manner the information of the Host’s listings for the purposes as set out above.
8.4 BDA may make available and display the Host’s listings as published by the Host on the BDA website.
8.5 In no case or manner may BDA be held responsible for any omissions or errors displayed on the Host’s property listing.
9. LISTING PRICING
9.1 The Host hereby guarantees that the rate (the “Nightly Rate”) as displayed on the BDA website shall at all times be reasonably reflective of the advertised listing property’s condition, appearance and services included or associated with the listing property.
10. RESERVATIONS, REVIEWS AND COMPLAINTS
10. BDA will transmit or make available the reservation information to the Host and Guest at the time of reservation confirmation and payment confirmation. Details will include but are not limited to, dates of reservation, number of nights, listing name and location, nightly rate, services included along with the guest’s name and contact details.
10.1 Upon completion of the guest’s stay, a review request will be sent to the guest.
10.2 BDA reserves the right to post such reviews. The Host acknowledges that the content of such review is that of the Guest and that there is no requirement of BDA to verify such content.
10.3 The Host accepts that in no circumstance can BDA be held responsible for any review or the content of any review. No claims against or responsibility for the reviews can be made against BDA.
10.4 BDA may, in its sole discretion, delete a review if in its opinion, such a review violates the BDA policy guidelines of good language, relevant review information, or includes sensitive information such as personal information.
10.5 Any complaint in relation to a booked or listed property will be the responsibility of the Host to review, rectify and where necessary make refund in coverage of the complaint.
10.6 In cases where the Host and Guest cannot reach suitable resolution, BDA will mediate and make a final non-contestable decision in relation to the complaint.
11. RANKING STATUS
11.1 Hosts can be ranked on the Website based on many factors such as their bookings, visits to their pages, cancellations, reviews, complaints and other collective information.
11.2 The Host can improve its ranking by making its listings more available, accepting more bookings, and updating its listing information. The Host waives all rights to making any claim against BDA based on the ranking of any listing.
12. REPRESENTATION AND WARRANTIES
12.1 The Host represents and warrants to BDA that:
a) The Host has the capacity and authority to publish properties for rental purposes, is in fact either the owner or the owner’s legal representative, or is by contractual means the legal manager of every listing and property it publishes.
b) The Host has full and complete rights, including intellectual rights, to information in the listings it publishes.
c) The Host possesses all licences, agreements, permits and other governmental or non-governmental approvals to carry its business, where that business submits a listing on the Website.
d) The Host will not make any claim or liability against BDA for any downtime, unavailability or technical failure of the BDA Website or its services.
12.2 Each party represents and warrants to the other party:
a) That each party has full power and authority to enter into and carry out its duties within this agreement.
b) That each Party shall abide by all local governmental laws, codes, rules and regulations of the country under which each party may be incorporated in relation to the accommodation and services offered by each party.
13. INDEMNITY AND LIABILITY
13.1 Each Party (the ‘Indemnifier”) shall remain liable towards, indemnify, compensate and hold the other party (the “Indemnified”) harmless for and against any claims for damages, losses in any form financially or by reputation as well as any costs, loss of interest, attorney fees, legal proceedings paid and unpaid or incurred by the indemnified Party including the following;
a) Any breach of this agreement by the Indemnifier.
b) Any claim by any third party on any invasion of the third party’s intellectual property rights.
13.2 The Host fully indemnifies BDA, will compensate and hold harmless for and against any claims, liabilities, costs, expenses, attorney fees, legal fees paid and unpaid or incurred by BDA including, but not limited to, the following;
a) Any claim made by any guest regarding incorrect or misleading information on the website.
b) Any claim made by the guest regarding their stay in the booked property being cancellation, overbooking or incorrect location as published by the Host.
c) Any and all other claims made by the guest in relation to the services provided by the Host and the booked property, including misconduct, fraud or breach of the booking confirmation details.
d) Failure by the Host to include any taxes, fees, local or governmental charges within the Nightly Rate and Booking Total Amount.
14.1 Both Parties agree:
a) To keep the other Party’s information and data confidential (the “Confidential Information”) at all times.
b) That such Confidential Information will remain the exclusive property of the disclosing Party and the receiving Party will not use such information, except in the execution of their duties pursuant to this agreement.
c) That BDA may share such Confidential Information to those authorised to fulfil the obligations of BDA under this agreement.
d) That BDA shall have reasonable arrangements with third parties employed or sourced to perform any task on behalf of BDA when using Confidential Information.
e) Confidential information and data such as, but not limited to, Host Service Fee, listing property information, booking information, marketing and advertising practices, financial and technical information, extranet functionality and any other information and data that would otherwise be normally known or publicly available.
15. TERM and TERMINATION
15.1 This agreement shall commence on the date first noted above and will remain in force unless terminated by either BDA or the Host.
15.2 A party can terminate this agreement by giving the other party a 14-day notice of such termination in writing.
15.3 In case of material breach of this agreement by a Party, the other Party may terminate or suspend this agreement immediately.
15.4 Upon termination, both Parties agree to complete and honour existing bookings, all payments, and Host Service Fees due.
15.5 All revision of or update to this agreement will be given or transmitted to the Host via email to the email address provided by the Host. The Host must advise any objection to the revised or updated revision within 14 days from receipt of the email. If the Host fails to advise BDA of any objection within the 14-day period, the revised or updated revision will be considered accepted by the Host.
16. ORIGINAL ENGLISH VERSION
16.1 This agreement is in its Original English Version.
16.2 This Original English Version may be translated into other languages as a courtesy, but the translated version cannot be used as a reference for any rights claim.
16.3 In cases of dispute, inconsistency, ambiguity and conflict between the Original English Version and a translated version, the Original English Version shall prevail.
17.1 No party may transfer or assign the rights and obligations under this agreement, unless with the prior written consent of the other Party.
17.2 All communications between the parties must be in English and sent through email or registered mail.
17.3 This agreement (including any amendments or annexes to the agreement) constitutes the entire agreement and understanding of the parties with respect to its subject and replaces all prior agreements.
17.4 In the event any part of this agreement becomes no longer valid or effective, the remainder of this agreement shall remain in force. Such invalid or non-effective part shall be removed or replaced with updated content, and a revised copy of this agreement will be forwarded to the Host.
17.5 This agreement shall be exclusively governed by and interpreted in accordance with the laws of Singapore. Any disputes arising in connection of this agreement shall be exclusively submitted to and dealt with by the capable court in Singapore.