- Terms & Conditions
Terms & Conditions
TRAVEL AGENT DISTRIBUTOR TERMS AND CONDITIONS
The following Terms and Conditions (“T&C”, “Agreement”) apply to any purchased accessible services, products, tours, transfers, shore excursions, packages (collectively, the “ATS Services”) from Accessible Travel Solutions, a Texas limited liability company (“ATS”) with any independent travel agent (the “Agent”).
These Terms and Conditions for Agents form the business relationship with the future travel agent after the travel agent accepts the T&C. ATS Services shall not be considered reserved until the Agent agrees to the T&C. Likewise, such ATS Services shall not be confirmed as reservations until any respective vendor confirms the request and the payment procedures have been completely processed. The acceptance of the T&C is also compulsory to the travel agents already in a contractual and business relationship with ATS.
1. OVERVIEW & PRECONDITIONS
(1) ATS sells wholesale accessible travel solutions and packages for travel agents through its distribution network globally. The Agent provides direct services to travelers seeking accessible travel services.
(2) The Agent receives commission for the referral of such travelers seeking ATS Services (the “Program”), but shall not be obliged to purchase the services.
(3) The Agent shall complete and submit the travel agent distributor online application form at www.accessibletravelsolutions.com and accept the T&C by clicking the SUBMIT box. The Agent shall immediately inform ATS in case there is a change in their personal or company data, by modifying the data on the form. ATS reserves the right to acquire further information from the Agent in certain instances.
(4) ATS reserves the right, to reject the Agent application without cause.
(5) In case of breach of the obligations, ATS shall be entitled to terminate this Agreement with any Agent without prior notification, with immediate effect.
(6) Credit card charges shall be processed immediately after any Agent or affiliated vendor confirms the requested trip.
For tours and transfers, ATS will allow 80% cancellations, by the Agent and any respective traveler, prior to ten (10) days from the date of service. At nine (9) days outbound, ATS will not allow any refund of payments except if the vendor must cancel due to equipment or weather problems.
For travel packages, ATS will allow 80% cancellations by the Agent and/or respective traveler prior to thirty (30) days from the date of service.
For escorted groups, ATS will allow 80% cancellations by the Agent and/or any respective traveler prior to one hundred twenty (120) days from the date of service.
Delays or cancellation of airline flights or other modes of transportation used to arrive to the port or location of the ATS service will not be considered in the determination of a refund for unused services. Any traveler must notify ATS in writing (emails or facsimile) that a problem occurred within fourteen (14) days subsequent to the ATS service date.
(7) ATS reserves the right to make changes to any ATS Services due to last minute adjustments, such as, traffic or construction. Refunds will not be issued subsequent to the acceptance of any service changes. Trip cancellation insurance is available and highly recommended for all travelers.
2. Eligibility Requirements. Only licensed travel agents are eligible to participate in the Program. Furthermore, not all travel agents are eligible to participate in the Program. If Agent is determined to be an Ineligible Party (as defined below), Agent may not enroll in the Program and shall be deemed not to be a designated Agent. An “Ineligible Party” is any company that competes with ATS, any company or individual considering entrance into the business of providing accessible tours or transfers, or any cruise line, or any successor, employee, agent or corporate affiliate (i.e., any person or entity that, directly or indirectly, controls, is controlled by or is under common control with any Ineligible Party) of any of the foregoing. Agent shall verify its eligibility with ATS prior to acceptance of the T&C. In addition, Agent specifically agrees to: (a) terminate this Agreement immediately upon becoming an Ineligible Party following enrollment in the Program; and (b) keep confidential any Confidential Information (as defined below) provided to Agent during enrollment in the Program. Any breach of this section shall be deemed a material breach of this agreement.
If agent is deemed an ineligible party and enrolls in the program, agent acknowledges that ATS will be materially damaged by agent’s access to the confidential information of ATS in an amount that is difficult to ascertain. Accordingly, agent and ATS agrees that if agent is deemed an ineligible party and enrolls in the program, that agent will be liable for liquidated damages in the total amount of five hundred thousand dollars (US$500,000.00). Notwithstanding the foregoing, nothing in this provision will prevent ATS from pursuing any other remedies available under applicable law. If, after enrollment in the program, agent becomes an ineligible party and does not immediately terminate this agreement, agent acknowledges that it’s access to, or use of, confidential information may put ATS at risk.
3. Description of Program. ATS shall pay Commissions (as defined below) to any designated Agent as provided herein. Upon designation, Agent may refer potential customers to ATS as follows: (i) by booking services at www.accessibletravelsoltutions.com or by calling our Company phone number or by contacting our Company email address (any such potential customer referred through the foregoing channels who purchases ATS services shall be a “Customer”). ATS will track each referral from Agent through the respective channels.
4. Commission Structure. Agent shall be eligible to earn Commissions (as defined below)during the term of this Agreement based upon each completed and fully paid purchase of ATS services by a Customer referred by Agent (each, a “Referral”) through the channels described under “Description of Program” above. As used herein, the following definitions apply: “Commission” shall mean the percentage of Net ATS Revenue (as defined below) generated from each Transaction (as defined below) resulting from a Referral by Agent, such percentage being as mutually determined by Agent and ATS upon acceptance of Agent’s application to the Program. “Transaction” means any fully-paid up purchase of any ATS Booking by a traveler from ATS. “Net ATS Revenue” means, for each Transaction for which payment has been received and applicable travel has been completed, the total price actually paid to and received by us and/or the applicable travel Agent by and from Customers, after deducting (a) amounts for taxes and surcharges, tax recovery fees, duties, handling, and other similar charges; plus (b) any refunds to Customers. The Commission will not be paid in the event of credit card fraud, bad debt, and credits due for refunds, cancellations or returns. ATS shall not be required to pay a Commission with respect to any Transaction completed during any period in which Agent is in violation of the terms of this Agreement.
- ATS shall pay a minimum of 10% Commission to qualified Agents in the Program.
- Agents may also be entitled to bonus commissions based on their annual sales volume.
5. Timing of Payments. No Commission shall be paid prior to the completion of a service. After that time, ATS shall pay Commissions to Agent by check or PayPal on a quarterly basis within ten (10) days after the end of each calendar quarter; provided that, to the extent the aggregate Commissions due to Agent in any calendar quarter are less than $50, such amount shall not be paid but shall accrue and be paid in the next calendar quarter in which the aggregate Commissions to Agent exceed $50.
6. Term of Agreement. This Agreement shall begin upon the date of the notice accepting the Agent’s Program Application and shall end when terminated by either party (the “Term”). Either party may terminate this Agreement at any time: (a) with cause, by giving the other party written notice of termination; and (b) without cause, by giving the other party seven (7) days prior written notice of termination. Written notice can be in the form of mail, email or facsimile.
7. Effects of Termination. Agent shall only be eligible to earn Commissions for Transactions occurring during the Term, and Commissions earned through the date of termination shall remain payable as provided for in this Agreement. If this Agreement is terminated because Agent has violated the terms of this Agreement, Agent shall not be eligible to receive any Commission payments, even for Commissions earned prior to termination. ATS reserves the right to withhold Agent’s final payment for a reasonable time to ensure that the correct amount is paid.
8. ATS Rights; Amendments To This Agreement. The parties’ rights and obligations under this Agreement may be subject to the terms of any agreement between ATS and any Agent to ATS. ATS may modify any of the terms and conditions in this Agreement, at any time in our sole discretion, and such change will be effective seven (7) days after ATS provides Agent with notice (as provided herein) of the change. Notification to Agent of any change by e-mail or posting of a change notice on the ATS Web Site will be considered sufficient notice to Agent of the change. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Program rules. If any change is unacceptable to Agent, Agent’s recourse is to terminate this Agreement. Agent’s continued participation in the Program following the effective date of the change will indicate Agent’s acceptance of the change. If ATS determines, in its sole discretion, that military action or extraordinary political, economic, or other conditions or occurrences beyond our control significantly impacts the travel business, our businesses or Agent’s business(es) and alters ATS’ exposure under this Agreement, ATS may, at any time, suspend performance (in part or whole) of any or all terms and conditions of this Agreement, suspend payment due hereunder (in part or whole) or terminate the Agreement (in part or whole), in ATS’ sole discretion. ATS shall provide Agent with written notice seven (7) days prior to the effective date of such change(s).
9. ATS Services. ATS shall provide customer support and fulfillment services to Customers in accordance with our then-current standard terms and conditions and standard customer service policies and procedures applying generally to customers of ATS. ATS reserves the right to refuse to provide customer/fulfillment services to a Customer for a variety of reasons, including, but not limited to: (a) purchase rejection by applicable credit card company; (b) inability to authenticate credit card; (c) inability to authenticate card holder; and (d) Customer’s purchase history with ATS.
PAYMENTS: Accessible Travel Solutions may require a deposit before any reservations are made. Final payment is required at the time that all reservations have been confirmed. Deposits are non-refundable.
CHANGE POLICY: Unless a passenger is purchasing additional services for a vacation package, a fee of $20 per person per change plus any supplier fees will be charged for any alteration or revision made to a reservation. This change fee is non-commissionable. Airline, hotel, rail, and car rental penalties may apply and may be up to 100% of the full price. Any revisions to a booking may result in the loss of a confirmed airline reservation or an increased airfare which will be payable by the passenger. No changes are permitted 14 days prior to travel.
RUSH FEE: We encourage you to book all accessible travel services for your client far in advance (as early as possible). Many disabled travelers book their accommodation and tours several months before their actual travel dates. We may require a rush fee for any reservations that need to be rushed. This rush fee is non-commissionable.
RESPONSE TIME: Please respond promptly (within 72 hours) to any requests we send you for traveler details, flight details, accommodation preferences, tour and transportation preferences, itinerary approval, and other requests. If we do not receive a response within 72 hours, we will assume that you would like your experienced Accessible Travel Solutions Trip Planner to make the choice on your client’s behalf.
EMERGENCIES: The Accessible Travel Solutions Emergency Assistance phone number should only be used if there is a true emergency. Before calling the Accessible Travel Solutions Emergency Assistance phone number, your client should call the local supplier first. If your client has an emergency, your client should contact us via the emergency phone number or emergency email provided on their itinerary. Please do not contact the Trip Planner who you have been working with. The Trip Planner who you have been communicating with does not answer their email address or phone number at night, on the weekends, or when they are out of the office.
IF YOU BOOK THE ACCOMMODATION DIRECTLY, YOU VOID OUR EMERGENCY SUPPORT SERVICES. If you book directly, our company name will not be attached to the reservation and we will be unable to assist you.
10. Agent Responsibilities. Agent agrees to actively market ATS Services to its network. In no event, however, will Agent or its affiliated representatives make or extend any representation or warranty on behalf of ATS or with respect to the services offered by ATS, nor shall Agent misrepresent any ATS services. Unless otherwise indicated by ATS, any new services offered through the Program will be covered by the terms and conditions of this Agreement and subject to ATS’s then current terms for such services. Further, Agent shall ensure that all payments are procured from each traveler’s credit card booking rather than from processing of payment from the Agent’s agency credit card. Likewise, the Agent shall be prohibited from any additional markups on ATS’ services.
11. Representations and Warranties. Agent represents and warrants to us that (a) Agent is currently, and that throughout the term of this Agreement, and will continue to be, in compliance with all applicable laws and regulations; (b) Agent is not an Ineligible Party; (c) this Agreement constitutes a legal, valid and binding obligation, enforceable against Agent in accordance with its terms; and (d) the execution, delivery, and performance by Agent of this Agreement is within its legal capacity and power, has been duly authorized by all requisite action, requires the approval or consent of no other persons; and neither violates nor constitutes a default under the provision of any law, rule, regulation, order, judgment or decree to which Agent is subject or which is binding upon Agent, or the terms of any other agreement, document or instrument applicable to Agent or binding upon Agent. The representations and warranties in this Section are continuous in nature and will be deemed to have been given by Agent upon acceptance and at each stage of performance hereunder.
12. Indemnification. ATS has no liability because ATS is only a booking agent. Agents and travelers acknowledge, understand and agree that as a condition of ATS accepting a booking from the Agent and traveler that ATS shall not be liable for any loss or injury incurred by any traveler. All travelers agree to make appropriate claims with any respective vendors. Further, Agent agrees to indemnify, defend, and hold harmless ATS, and its directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, injuries, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' or other professionals’ fees) that arise out of or are based on any claim related to any procured service under the Program and subject to the terms and conditions of this Agreement.
13. Limitations of Liability. ATS shall not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this agreement or the program, even if ATS has been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the program shall not exceed the total commissions paid or payable to agent under this agreement. The foregoing limitation will apply regardless of the cause of action under which such damages are sought.
14. Confidentiality. Agent understands and agrees that the following terms and conditions shall apply to all Confidential Information that ATS may disclose to Agent as a result of Agent’s participation in the Program. For purposes of this Agreement, the term “Confidential Information” shall include, but not be limited to, the terms of this Agreement, any modifications to the terms and provisions of the Agreement made specifically for Agent Web Site and not generally available to other members of the Program, business and financial information, customer and vendor lists, and pricing and sales information, concerning ATS or Agent, respectively, or any members of the Program, other than Agent. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. Agent agree not to disclose any Confidential Information and that such Confidential Information will remain strictly confidential and will not be utilized, directly or indirectly, by Agent for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process.
15. Noncircumvention. At any time prior to the expiration of three years from the date of this Agreement, it is expressly agreed that the identities of any individual or entity and any other third parties (including, without limitation, accessible travel suppliers, customers, financial sources, providers, and consultants) discussed and made available by ATS in respect of the Program and any related business opportunity shall constitute Confidential Information and the Agent or any group company or associated entity or individual shall not (without the prior written consent of, or having entered into a commission agreement with, ATS:
a. directly or indirectly initiate, solicit, negotiate, contract or enter into any business transactions, agreements or undertakings with any such third party identified or introduced by ATS; or
b. seek to by-pass, compete, avoid or circumvent ATS from any business opportunity that relates to the Program by utilizing any Confidential Information or by otherwise exploiting or deriving any benefit from the Confidential Information.
The Agent covenants that any financial gain made by it, or any associated party, from a breach of this Section 26 shall be held on trust for the benefit of ATS and then be transferred to a nominated account of ATS, until which time such outstanding amount shall incur interest at the rate of 4% per annum above the base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment and the Recipient shall pay the interest together with the overdue amount.
Notwithstanding the above, the Agent reserves the right to list any existing accessible travel suppliers (including, but not limited to, hotels, tour guides, transportation companies, etc.) that it wishes to be exempted from this Section.
16. Assignment. Agent may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on and enforceable against the parties and their respective successors and assigns. ATS’ failure to enforce Agent’s strict performance of any provision of this Agreement shall not constitute a waiver of ATS’ right to subsequently enforce such a provision or any other provision of this Agreement. Each party will at all times be deemed to be an independent contractor of the other, and nothing in this Agreement shall be deemed or construed to create any partnership, joint venture, employment, agency or similar relationship. ATS shall not be liable for any failure to perform or any delay in performing any obligation under this Agreement if such failure or delay is the result of any event or other cause beyond our reasonable control.
17. Governing Law. This Agreement shall be governed by the laws of the United States and the State of Texas, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in the State of Texas and Agent irrevocably consent to the exclusive venue and jurisdiction of such courts and waive any right to a trial by jury. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party will be entitled to recover reasonable attorneys' fees and costs, including expert witness fees.