Supplier Terms and Conditions

AWAVE TRAVEL LIMITED Supplier Terms and Conditions

This agreement is to govern all bookings and the working relationship between AWAVE TRAVEL LIMITED and our Suppliers.

1. Intermediary Agreement

For all bookings, the Supplier is to provide the travel product or accommodation that is specified to the client. AWAVE TRAVEL LIMITED is acting as an intermediary and is not related to the provision of the aforementioned service. AWAVE TRAVEL LIMITED confirms the booking and collects the funds for the supplier. All product names are fully disclosed and no products are sold as being owned or operated by AWAVE TRAVEL LIMITED.

AWAVE TRAVEL LIMITED charges a commission for the referral of the booking, this is to be calculated as either:

1. The Supplier provides AWAVE TRAVEL LIMITED with their retail rate. AWAVE TRAVEL LIMITED will deduct the agreed commission from the total retail rate and the remainder will be the wholesale rate the Supplier is to receive.
2. The Supplier provides AWAVE TRAVEL LIMITED with their wholesale rate. AWAVE TRAVEL LIMITED will multiply this wholesale rate by the agreed mark-up to get the Retail Rate. The Supplier will receive the wholesale rate.

For all booking, AWAVE TRAVEL LIMITED will collect the full retail rate and will pay the Supplier the wholesale rate as above. AWAVE TRAVEL LIMITED is an intermediary at all times.

1.1 Product Information:

The Supplier is the provider of the travel product or accommodation and is responsible for providing AWAVE TRAVEL LIMITED with all information regarding the product. It is the Suppliers responsibility to make sure all information, pricing and photos are up to date and correct and comply with all local and international laws. AWAVE TRAVEL LIMITED will not be held responsible for any incorrect information supplied by a Supplier.

1.2 Reviews and Ratings:

AWAVE TRAVEL LIMITED reserve the right to allow users to review and rate Supplier products and for these to be made publically available. 

1.3 Booking:

Once a booking request has been made to AWAVE TRAVEL LIMITED, all information will be forwarded to the Supplier. The Supplier is then to confirm availability and confirm the booking within 24 hours. At the point of booking, AWAVE TRAVEL LIMITED will collect the agreed deposit amount and will collect the remaining balance at the agreed number of days before the trip. Once all funds have been collected, AWAVE TRAVEL LIMITED will transfer the balance of the wholesale rate to the Supplier. AWAVE TRAVEL LIMITED will pay all fees for the sending of the funds with the supplier being responsible for the fees for receiving the funds.

The Supplier is to specify the deposit amount (percentage) required in advance. This is set in the signed terms for the Supplier. AWAVE TRAVEL LIMITED will collect this deposit and this is non-refundable to the client once paid.

The balance due date is to be agreed in these supplier terms. The wholesale balance will be paid to the Supplier on or before this date. AWAVE TRAVEL LIMITED reserves the right to delay this by up to 7 days to allow for delayed international transfers from clients.

1.4 Availability:

The Supplier agrees to provide AWAVE TRAVEL LIMITED with timely and correct availability information. Once a product or accommodation is confirmed as available, the Supplier agrees to hold this for 48 hours on AWAVE TRAVEL LIMITED’s request.

1.5 Termination:

AWAVE TRAVEL LIMITED reserves the right to remove or refuse to sell any products if we feel they do not meet the quality standards required for our clients.

2. Sale and Operation, Payments, Refunds and Returns

2.1 Supplier Terms and Conditions

For all bookings, the supplier is aware that the contractual agreement and sale of the travel package or accommodation is directly between the supplier and the traveller. AWAVE TRAVEL LIMITED is always an intermediary. The Supplier may choose to provide AWAVE TRAVEL LIMITED with their own Terms and Conditions, which will be supplied to the traveller. If no terms are provided then AWAVE TRAVEL LIMITED’s Booking Terms and Conditions would apply. If the Suppliers Terms and Conditions contradict AWAVE TRAVEL LIMITED’s Booking Terms and Conditions, AWAVE TRAVEL LIMITEDS Booking Terms and Conditions would apply.

2.2 Sale and Operation

The Supplier agrees that:

1. They will operate all travel packages and accommodation as per the provided package or accommodation information, the terms and conditions and all applicable laws.
2. That all legal requirements of operation are upheld at all times
3. That all staff and employees are trained appropriately and certified for all tasks undertaken
4. That all company information is up to date and correct. AWAVE TRAVEL LIMITED must be notified of any significant changes of information.
5. Will provide written confirmation of all bookings specifying the supplier as the seller to the traveller
6. Will not contact the traveller directly upon confirmation of the booking

2.3 Claims and Refunds

In the case of complaints, AWAVE TRAVEL LIMITED will mediate where possible. The supplier will accept and process claims and refunds relating to the supplier travel package/services if fault is determined. The supplier will determine and calculate the amount of justified refunds and will route all such refunds directly to the traveller. AWAVE TRAVEL LIMITED will not refund any referral fees related to a refund as long as AWAVE TRAVEL LIMITED did not cause the necessity of this refund. The supplier will refund the traveller based on the full retail rates including referral fees.

3. Provision of Service

3.1 Operational failures

The Supplier will be fully responsible for all operating errors and will hold AWAVE TRAVEL LIMITED harmless in all traveller claims of non-performance or failure in delivery of the travel package or accommodation.

AWAVE TRAVEL LIMITED will be fully responsible and will hold the Supplier harmless in all traveller claims of non-performance or failure in the operation and delivery of AWAVE TRAVELS SERVICES.

4. Price Parity

To ensure that AWAVE TRAVEL LIMITED can effectively promote and facilitate bookings for the Supplier, the Supplier agrees to:

1. Ensure price parity across all sales channels (including all offers and agents)
2. That all vacancies are available to AWAVE TRAVEL LIMITED
3. All packages and accommodations are available to AWAVE TRAVEL LIMITED
4. All information provided to AWAVE TRAVEL LIMITED is as complete as provided to all other sales channels
5. That the service provided to AWAVE TRAVEL LIMITED travellers is equal to all other sales channels

4.1 Best Price Promise

If the Suppliers travel package or service is being offered for a lower price than through AWAVE TRAVEL LIMITED. AWAVE TRAVEL LIMITED reserves the right to match this price and still receive the full commission as agreed over the matched price. 

5. Direct Bookings

Due to the nature of bookings, there will be times that travellers go directly to the Supplier. AWAVE TRAVEL LIMITED would always be due a commission if a traveller was deemed to have been referred by AWAVE TRAVEL LIMITED and then booked directly with the Supplier.

A Traveller is considered a Supplier Traveller if they contact the Supplier first. AWAVE TRAVEL LIMITED would not be eligible for any commission.

Distinction of AWAVE TRAVEL LIMITED Traveller

A traveller is considered an AWAVE TRAVEL LIMITED Traveller if:

1. The Traveller was aware of the travel product or accommodation because of AWAVE TRAVEL LIMITED’s services and contacted AWAVE TRAVEL LIMITED before the supplier
2. Was recommend the Supplier by AWAVE TRAVEL LIMITED
3. Any other indications that the Traveller only knows about the SUpplier due to AWAVE TRAVEL LIMITED’s marketing or other activities.

If a Traveller is considered the above then the below would apply:

1. The Supplier will refer the Traveller back to AWAVE TRAVEL LIMITED if they are contacted directly
2. If client books directly, the full commission will be due to AWAVE TRAVEL LIMITED

6. AWAVE TRAVEL LIMITED Information

The Supplier will treat all information conveyed between AWAVE TRAVEL LIMITED as private and confidential. Any use of data for Suppliers marketing or any other purposes is strictly forbidden. The Supplier agrees to abide by all local Data Protection laws.

7. Commissions

The Supplier agrees to pay AWAVE TRAVEL LIMITED the agreed commission percentage on all sales unless written permission is given.

8. Use of Supplier Content

The Supplier agrees that AWAVE TRAVEL LIMITED all travel packages, accommodation, content (all media types) provided are:

1. to be used, displayed and distributed royalty-free, worldwide with irrevocable license.
2. to be adapted, modified and re-formated as AWAVE TRAVEL LIMITED see’s fit

9. Supplier Representation

The Supplier confirms that they are a person of good standing with all legal rights to enter into this agreement. The Supplier confirms that they will comply with all applicable laws and rights as required by this agreement.

10. Joint Indemnity

In the situation that any losses, damages, penalty, interest or expenses arise out of a claim from a traveller. AWAVE TRAVEL LIMITED and The Supplier will defend and hold harmless the other party and co-operate with the other party to find a solution and to keep any financial damages for both parties to a minimum.

11. Tax Matters

The Supplier is required to deal with all tax matters that arise in their country of registration. 

AWAVE TRAVEL LIMITED will deal with all tax matters arising from the commissions received for sale services.

12. Termination of Contract

This agreement will commence from the signing date and will continue until:

1. AWAVE TRAVEL LIMITED Terminates the contract
2. At any time after the first year with a written request form the Supplier. AWAVE TRAVEL LIMITED has 30 days to remove all travel services and products from the website and marketing materials
3. At any time that this agreement is breached by either party

13. Miscellaneous

13.1 Communications

All parties will keep terms of this contract confidential and at no point disclose any part of this to other parties.

13.2 Independent Contractors

The parties are independent enterprises and neither party will consider or represent itself an employee or part of the other.

13.3 Jurisdiction

This agreement will be governed by the Laws of the United Kingdom, without reference to its choice of Laws rules. Each Party hereby irrevocably consents to the non-exclusive jurisdiction and venue of the courts of the United Kingdom. The parties’ rights and obligations are not governed by the United Nations Convention on Contracts for the International Sale of Goods.