Mansfield Mt Buller Regional Tourism Association Online Booking Service on and the Regional Digital Platform

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1 Mansfield Mt Buller Regional Tourism Association Online Booking Service on and the Regional Digital Platform Terms and Conditions Mansfield Mt Buller Regional Tourism Association Ltd promotes tourism in the North East Victoria Region and provides a service whereby a visitor can book accommodation, activities and events. By agreeing to the below you acknowledge and agree that the terms and conditions set out therein shall constitute the agreement (Agreement) between you (Operator) and Mansfield Mt Buller Regional Tourism Association (MMBRTA) when the mtbuller.com.au website takes bookings on your behalf. Definitions In this Agreement: Mansfield Mt Buller Regional Tourism Association Ltd (MMBRTA) - ABN also trading as High Country Reservations (HCR) promotes tourism in the Mansfield Mt Buller Region and provides a service whereby a visitor can book accommodation, activities, events and travel. Tourism North East - ABN promotes tourism in North East Victoria and provides online services whereby a visitor can book accommodation, activities, events and travel. Operator means you, the supplier of tourism Product. Product means the travel services offered by you the Operator. Visitor means a member of the public who has placed a booking for the Operator s Product through (website) Website means the website accessed via the URL or any other URL provided by the Regional Digital Platform Regional Digital Platform means the online tourism services administered by Tourism North East on which the website is delivered. Agreed Terms Product The Operator will ensure that its Product is provided to the highest possible standards and quality, and that its Product and business comply at all times with all applicable legal requirements. Staff from MMBRTA will attend and inspect the Operator s premises at a mutually convenient time. The Operator will assist and cooperate with the inspection. Eligibility Online participants must be financial members of MMBRTA. Online participation is a calendar year from the date on which your business page goes live.

2 Acceptance of the property to the online booking service on will be at the discretion of MMBRTA manager. The booking engine on is serviced by Tourism Exchange Australia (TXA) and is available to operators who are financial partners of MMBRTA. Information All information published by Operators on the must be true and accurate. Operators who publish false and misleading information or information that may offend members of the general public (text or pictures) will have their listing removed immediately. The Operator must ensure that it regularly updates information via the V3Travel System and the Operator agrees that Mansfield Mt Buller Regional Tourism Association Ltd and Tourism North East are not liable for any information displayed via (website) for you the operator. Commission The online booking service is provided as a free service to the visitor. An 8% commission (including GST) is payable on all bookings made through (website). A 2.8% commission (including GST) is payable to Tourism Exchange Australia for all bookings made through website. The commission rate is determined by the MMBRTA Board. Operators will be given sufficient notice if this rate is to change. Reservation Payment Full payment will be made to the operator s nominated bank account via EFT at the time of booking. The commission of 8% will be deducted from your nominated bank account on or around the 16 th of each month and remitted to Mansfield Mt Buller Regional Tourism Ltd. Reservation Confirmation The operator will receive electronic notification of a booking to the Operator s nominated account. Rates and Availability The operator authorises MMBRTA to take bookings for the Operator s Product, on behalf of the Operator, through their website (website). Operators can set rates per individual rooms, and must honour all published rates. Rates published online with must be accurate and include commission. Operators are required to update their availability regularly and are required to guarantee their published online availability. Operators own booking conditions and cancellation policies must be entered onto their operator page on (website). MMBRTA will not be held responsible for incorrect rates.

3 The booking service is a complimentary service to the visitor and the commission must be included in the published tariff, and consistent with Operators advertising and distribution channels. Where Mansfield Mt Buller Regional Tourism Association Ltd has taken a booking from a Visitor, the Operator must not offer to provide that Visitor with the Operator s Product on terms and conditions (including as to price) which are more favourable than those offered to the Visitor by (website) service on behalf of the Operator. Operators will honour all tariffs once reservation has been confirmed and paid for. Double Booking In the event of a double booking, the operator is considered responsible. The operator is required to find suitable alternative accommodation and accept any additional costs associated with the re- booking. Cancellation Operators MUST publish their specific Cancellation Policy online. If a visitor chooses to cancel a confirmed booking after a payment has been received, the Operator s cancellation policy is effective. In addition to any fees/charges retained by the Operator, MMBRTA will retain the booking commission. Refunds If MMBRTA via (website) has taken a booking for the Operator s Product, and the Operator is then unable to supply the product, the Operator must provide a product of a similar standard and quality acceptable to the Visitor, or at the Visitor s election, promptly refund the moneys paid less the fees. Guest Check- in The onus is with the operator to contact their guests to arrange the check- in and key pick- up prior to guest arrival. Complaints Complaints received by MMBRTA staff from Visitors regarding their accommodation shall be forwarded to the operator to take appropriate action. The Operator must respond within 14 days of receipt and provide MMBRTA with a copy of the response and/or remedy. Where there are ongoing complaints, especially those regarding hygiene, cleanliness or safety, MMBRTA staff reserves the right to withdraw the property from the website immediately. Sale of Operator s Business If the Operator proposes to sell the whole of its business, or the assets used to run its business, or a controlling interest in the shares in its business, the Operator must give Mansfield Mt Buller Regional Tourism Association Ltd written notice at least 14 days before the proposed sale, and upon such notice this Agreement will terminate automatically.

4 Indemnity and Insurance The Operator must indemnify Mansfield Mt Buller Regional Tourism Ltd harmless, from and against any claim, demand, cost, loss or expense whether for personal injury, loss of property, breech of agreement, misrepresentation, breech of statutory duty, or any other cause whatsoever, in relation to the provision (or failure to provide) Product. The Operator must indemnify Tourism North East harmless, from and against any claim, demand, cost, loss or expense whether for personal injury, loss of property, breech of agreement, misrepresentation, breech of statutory duty, or any other cause whatsoever, in relation to the provision (or failure to provide) Product. The Operator must take out and maintain during the term of this Agreement, a policy of Public Liability Insurance with a reputable insurer, where the limits of such policy are consistent with industry practice. Confidentiality Mansfield Mt Buller Regional Tourism Ltd (MMBRTA) and High Country Reservations (HCR) undertake to maintain confidentiality regarding Operators details, other than information required to make a booking. From time to time the MMBRTA Board may require operational statistics that may contain operator details. Termination Mansfield Mt Buller Regional Tourism Association Ltd may terminate this Agreement immediately by notice to the Operator if the Operator: Commits an act of bankruptcy or becomes subject to any form of insolvency administration Breeches this Agreement Ceases to provide Product

5 Mansfield Mt Buller Regional Tourism Association Ltd Online Booking Service Agreement on and the Regional Digital Platform I/We (owner/manager) Of (Property Name) Hereby agree to accept bookings from the website using the Tourism Exchange Australia (TXA) booking system. I/We are current financial partners with MMBRTA. I/We agree to pay MMBRTA commission on the value of all bookings made through using the TXA booking system. Currently this rate is 8% (including GST) I/We agree to keep property information, availability, rates and booking conditions up to date. I/We understand that the online booking service offered through mtbuller.com.au is a complimentary service to Mansfield Mt Buller Visitors. I/We have provided copies of relevant insurances, including the Health and Safety requirements of Mansfield Shire Council and/or Mt Buller Mt Stirling Resort Management Board. I/We agree to abide by the terms and conditions as outlined in the Online Booking Service Terms & Conditions and MMBRTA General Partnership Terms & Conditions. In signing this Agreement, I/we acknowledge that as an agent or manager of a property, I/we have been authorised by the Owner of that property to accept bookings from and the Regional Digital Platform and authorise the use of the property. Name Signature Date Please return this signed form to: Industry Liaison Officer PO Box 654 Mansfield VIC 3722 or fax: (03)