Partner Terms and Conditions

Introduction


Updated: 20th October 2021

TourRadar GmbH, based in Vienna, Austria in cooperation with its local subsidiaries ("TourRadar"), operates a website and platform under www.tourradar.com (the “Platform”) where Operators can offer, promote, market and sell package tours within the meaning of Directive (EU) 2015/2302 (“Tours”).

TourRadar offers you as a partner (“Partner”) various possibilities to earn money by facilitating Bookings over the TourRadar Platform:

Partners can earn Commissions for each Booking of a Traveller through Affiliate Referral Link or through a White Label Version integrated on the Partner Site (“Affiliate Service”).

Partners can earn Commissions by promoting Tours to their customers and creating links to Booking Pages for customers to finalize the Booking. (“Agent Service”).

Partners can buy Tours on the TourRadar Platform in its own name and on its own account in order to resell those Tours to their own customers (“Wholesale Service”).

By creating and registering to a Partner Account on the Platform, Partner enters into an agreement (the “Agreement”) with TourRadar GmbH on behalf of Partner or the Business Partner represents and agrees to be bound by the terms of this Agreement. The Agreement consists of the general terms and conditions in Section 1 and, where applicable, the specialised terms and conditions for each Service in Section 2. In case of contradictions, the provisions of Section 2 prevail.

SECTION 1

1. Definitions


Capitalised terms have the meanings of their definitions:

“Affiliate Booking” means one or more Bookings by a Traveller on the Platform, on behalf of one or more Travellers in a single travel itinerary concluded in accordance with Section 2-B), that either

(a) originate from a click of an Affiliate Referral Link on the Partner Site (such click need not be on the TourRadar product that is subsequently booked on the Platform) within the Lookback Period, or

(b) is made via a White Label Version integrated on the Partner Site.

“Affiliate Referral Link” means an HTML link that is made available to the Partner by TourRadar and that is intended to link End Users from the Partner Site to the Platform.

“Booking” means the purchase of a Tour on the Platform either by a Traveler or by Partner as a Wholesale Booking.

“Booking Page'' means a unique booking webpage for a specific product on the Platform where a Traveler can introduce his data and payment details to directly book a specific Tour. Partner can prefill data for the Traveler.

“Commission” means the commission payable by TourRadar to Partner in accordance with these terms and conditions. 

“Commission Rate” means the percentage rate of Commission as set forth within Partners TourRadar Account. 

“Data Protection Laws” means all applicable laws, regulations and standards relating to data protection and privacy, including but not limited to Regulation (EU) 2016/679. 

“End User” means a person who uses a Partner Site. 

“Gross Booking Value” means the total value of a completed Booking as advised by the Operator for the Tour net of any discounts and promotions. The Gross Booking Value does not include airfare, insurance, pre and post accommodations, extra transfers, extras and addons, discounted or familiarisation staff travel and anything else similar in nature. Cancellations and refunds are also not included and will reduce the Gross Booking Value.

“Lookback Period” means the time period after a cookie was initially placed on the Traveler’s device after visiting the Partner Site. This period is 90 days. 

“Minimum Payment Threshold” means the minimum amount of Commission accrued by a Partner in order for TourRadar to pay out such Commission. It depends on the respective currency and is AUD 500 / CAD 500 / EUR 500 / GBP 500 / NZD 500 / USD 500.

“Operator” means the third-party provider of a Tour. TourRadar never acts as an Operator.

“Partner Site” means any website, platform, channel and/or application owned, controlled and maintained by Partner. 

“Platform” means the online marketplace operated by TourRadar on which Tours are marketed and made available to purchase and where Partners can register and access their TourRadar Partner Account.

“Service” means any of the services specified in Section 2.

“Tour” means a package travel tour offered and operated by an Operator and sold via the Platform. In no case does TourRadar operate a Tour or sell a Tour in its own name.

“Tour Information” means any information related to a Tour provided by the TourRadar Platform under this Agreement. 

“TourRadar Partner Account” means the registration of Partner with TourRadar and the access of Partner to the self-service portal on the Platform. 

“Traveller” means a person who, pursuant to these terms and conditions, purchases either

(a) a Tour on the Platform via Affiliate Service, or

(b) a Tour on the Platform via Agent Service, or

(c) a Tour from a Partner via the Wholesale Service.

“Traveller Information” means personally identifiable information of individual Travellers, including name, address, phone number, e-mail address, date of birth, social security number, credit card information, driver's license number, account numbers, PINs and/or passwords, and any other information that could reasonably identify a person or entity. 

“Voucher” means an electronic document that may include the trademarks of TourRadar, is provided by TourRadar to a Traveler or Partner in connection with the completion of a Booking, contains relevant information about the Tour(s) specified in the Booking (e.g., booking-related information) and that the Traveler must present to the applicable Operator to redeem such Tour(s).

“White Label Version” means a version of the Platform co-branded with the Partners logo and “powered by TourRadar” which is integrated into the Partner Site. 

“Wholesale Booking” means a Booking in accordance with Section 2-C) by a Partner in his own name and on his own account in order to resell the respective Tour provided by an Operator to the Partners customer.

2. Term and Termination

 
2.1. This Agreement commences by Partner fully registering on the Platform to a TourRadar Partner Account and shall continue until terminated by TourRadar or Partner as provided below (the “Term”).

2.2. TourRadar may at any time terminate the Agreement immediately and cease providing any or all of the Services at TourRadar’s sole discretion without notice.

2.3. Partner may at any time terminate the Agreement by giving TourRadar 7 days prior written notice.

2.4. Termination or suspension of any one service within Section 2 will not terminate or suspend any of the other Services unless explicitly stated.

2.5. Clauses 2 - 5, 7- 8, and 13 - 21 of this Section 1 will survive termination.

3. Effect of Termination


3.1. Upon termination of any Service terms according to Section 2 of this Agreement for any reason, all licenses and rights granted to Partner pursuant to the Agreement will immediately terminate, and Partner shall cease using the Platform. Partner shall delete any information or content gained in relationship with the Agreement, except those that Partner is required to keep by law.

3.2. Partner shall not be entitled to receive any Commissions for Bookings that occur after the termination date. TourRadar will pay Partner any outstanding Commissions within 60 days after the termination of this Agreement. TourRadar will pay any Commissions on Bookings that have been made, but where the respective Tour has not yet finished, within 60 days after the respective Tour has ended.

4. Representations and Warranties

 
4.1. Partner represent and warrant to us that

(a) Partner has full power and authority to execute and deliver this Agreement, and have all licenses, authorizations, consents, approvals and permits required by all applicable laws and regulations in order to perform Partners obligations and exercise Partners rights hereunder, and

(b) Partner shall comply with all applicable international, federal, state and local laws and regulations (including but not limited to tax laws, consumer protection and data privacy laws). 

4.2. Partner warrants that Partner is not a consumer and is using the Services as a corporate entity or business enterprise. Partner further represent and warrant that such entity is duly organized and validly existing in accordance with the laws of the country of its incorporation, that it has full corporate power and authority to execute and deliver this Agreement and has all licenses, authorizations, consents, approvals and permits required by all applicable laws and regulations in order to perform its obligations hereunder. Partner will not do or omit to do any act that, in TourRadar’s sole opinion, may be likely to cause TourRadar or the Platform to be disparaged, defamed, discredited or brought into disrepute. 

4.3. Each party represents and warrants that

(a) this Agreement constitutes a legal, valid and binding obligation upon it, enforceable in accordance with its terms by appropriate legal remedy; and that

(b) the execution, delivery and performance of this Agreement by such party does not conflict with any agreement, instrument or understanding to which it is a party or by which it may be bound, nor violate any law or regulation of any court, governmental body or other agency having jurisdiction over it.

5. Limitations

 
5.1. Partner may not cause or permit the display or use of any Tour Information or Affiliate Referral Links through any website, channel, social media platform, platform or system other than the Partner Site unless otherwise agreed upon with TourRadar. 

5.2. Partner shall ensure that the Partner Site is not used to send, receive, upload, download, use or reuse any material that a reasonable person may regard as offensive or that is illegal including, but not limited to defamatory or potentially defamatory, abusive or indecent material, expressions of bigotry, racism, sexism, ageism, hatred or profanity, information about illegal activities, material promoting harm or injury to any group or individual, any material likely to breach confidence, copyright, privacy and other rights and/or any material that is defined as prohibited content or potentially prohibited content or is illegal content under applicable laws in any jurisdiction.

6. Intellectual Property, Content

 
6.1. Partner agrees and acknowledges that the Platform, the Tour Information and all information, technology and materials related thereto, and intellectual property rights therein and thereto, are the sole property of TourRadar or its licensors, and Partner may not display, use or reproduce such materials, technology and information for any purpose, other than as expressly set forth in this Agreement.

6.2. Subject to the terms and conditions of this Agreement, TourRadar hereby grants Partner a royalty-free, worldwide, limited, non-transferable, non-sublicensable, non-assignable, non-exclusive license during the term of these TourRadar Affiliate Service terms to use, reproduce, incorporate, integrate and display the Tour Information and Affiliate Referral Links on the Partner Site for the sole purpose of promoting the Tours to End Users, and linking such End Users from the Partner Site to the Platform. 

6.3. All licenses granted to Partner are personal and Partner may not assign, mortgage, charge or grant any liens or other rights in or to the licensed rights or otherwise transfer or sublicense the licensed rights without the prior written consent of TourRadar.

6.4. Partner may offer and make available for purchase all or some of the Tours, but must display all Tour Information provided by TourRadar with respect to any Tour displayed or otherwise promoted by Partner. Partner may not add to, enhance, supplement, alter, modify or amend the Tour Information in whole or in part without TourRadar’s prior consent. Partner will promptly correct any errors or inaccuracies of which TourRadar notifies Partner. Partner may not systematically analyze or extract information (including Traveler reviews) from the Platform and shall not copy, in whole or in part, the look and feel or content of the Platform, except as permitted under this Agreement, or otherwise authorized by TourRadar in writing.

6.5. Each party grants to the other party the right to display that party’s names, logos, marks and trademarks only for the purpose of advertising the distribution partnership as permitted hereunder, identifying the source of the Tour Information and the parties’ responsibility for customer service, or for similar commercially reasonable purposes. Notwithstanding the foregoing, Partner will submit to TourRadar all proposed uses of TourRadar’s names, logos, marks and/or trademarks, and will not publish or otherwise engage in any use the same without TourRadar’s prior written consent.

6.6. Each party shall procure that its domain name(s) shall not contain the word of the other party’s domain name(s) (or any similar misspelling of) nor contain words relating to the other party, or to trademarks of the other party. Neither party is authorized (directly or indirectly) to purchase, acquire, use or integrate trademarked terms or keywords(including variations and misspellings) that are identical or strikingly similar to those used by the other party or affiliates, or any related internet-domain names in association with advertising through paid search entries or other forms of online advertising on platforms of third parties.

7. Indemnification


Partner will indemnify and hold harmless, and at TourRadar's request defend, TourRadar (including without limitation all companies in the TourRadar group and TourRadar's affiliates) and any of their respective directors, officers, employees, agents, suppliers, licensors, vendors, distributors and service providers (each a "TourRadar Indemnified Party") from and against any and all claims, losses, liabilities, damages, fines, penalties, settlements, expenses, and costs (including attorneys' fees and court costs) incurred or suffered by a TourRadar Indemnified Party in connection with any third-party claim, suit, demand, action, or investigation brought against a TourRadar Indemnified Party directly or indirectly arising out of or relating to Partners breach (or a claim that, if true, would be a breach) of this Agreement, including, without limitation, any and all of Partners representations and warranties in this Agreement.

8. Limitation of Liability


Neither party shall be liable to the other party or any third party for any indirect, incidental, exemplary or consequential loss or punitive damages under any circumstances, including, but not limited to, loss of revenues or loss of profits, or costs to procure substitute goods, even if advised of the risk of the loss or damages in advance. To the maximum extent permitted by law, TourRadar’s aggregate liability to Partner shall not exceed EUR 10,000. None of the foregoing limitations shall apply to Partners breach of clause 13,14 of this Section or the terms of any license, or Partners indemnification obligations under this agreement, for which liability shall in each case be unlimited.

9. Commissions, Payment

 
9.1. TourRadar shall pay Partner a Commission per Booking facilitated or made by Partner in accordance with Section 2. Commissions are calculated on the basis of the Gross Booking Value. The amount of Commission depends on the Service used according to Section 2. The commission amounts will be agreed upon separately and the exact amounts will be specified at the time of Booking and/or in the TourRadar Partner Account. TourRadar may adjust the Commission amount and fee structure at any time. For each Booking, TourRadar will apply the Commission rate as set out in the Partner Account at the time of the respective Booking.

9.2. All Commission amounts are understood to be gross. It is the Partners responsibility to pay all respective federal, local and state taxes.

9.3. Commissions shall be paid via electronic funds transfer or any other method approved by TourRadar in the calendar month following the end of the respective Tour. Therefore, TourRadar does not pay any Commission if a Tour is cancelled and TourRadar only pays the respective part of any Commission in case of a partial refund to the Traveler. 

9.4. Partner acknowledges and agrees that it is Partner's responsibility to provide TourRadar with accurate and complete payment information, and that TourRadar has no obligation to pay Partner any Commission unless or until Partner has provided such information. Any claim for Commissions not paid out due to a lack of proper payment information expires 6 months after its due date. 

9.5. Partner is not allowed to offset payments to TourRadar with outstanding Commissions from TourRadar unless agreed upon with TourRadar. 
 

10. Minimum Payment Threshold, Payment Entity and Currency

 
10.1. Commissions are calculated on the basis of the Tour currency (i.e. Tours denominated in USD will result in Commissions in USD). In the event the total amount of Commissions due in any month and in any currency is less than the respective Minimum Payment Threshold then payment will be withheld until the earlier of

(a) such time as the total Commissions due in any currency (including the previously withheld amount) in a subsequent calendar month are equal to or greater than these currencies Minimum Payment Threshold, or

(b) the termination of this Agreement.

10.2. For the avoidance of doubt: Minimum Payment Thresholds in different currencies are looked at separately and do not count towards each other (i.e. A Partner with accumulated Commissions of 400 USD and 200 EUR at a given moment will not receive a Commission payment in this month).

10.3. TourRadar might choose to pay Commissions via its local subsidiaries. Any commission payment made by a local subsidiary is considered as made by TourRadar.
 

11. Use of the TourRadar Partner Account


11.1. Partner is responsible for any use of Partners’ TourRadar Partner Account, including with respect to any access or use of the TourRadar Partner Account by third parties.

11.2. Partner is responsible for making sure credentials, API keys, API secrets and any other sensitive commercial information is stored using best practices and industry-standard security. In the event of a breach or accidental disclosure of sensitive information, Partner must notify TourRadar immediately by email to security@tourradar.com.
 
 

12. Disclaimer


Except as specifically provided in this agreement, TourRadar does not make, and expressly disclaims, any representations or warranties in connection with Tours, Tour Information, Tour links, the Platform, or other subject-matters under this agreement, whether express, implied, statutory or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, title, any warranties arising out of a course of performance, dealing or trade usage. TourRadar does not guarantee that the Tour Information, links to Booking Pages, Affiliate Referral Links, a White Label Version, or the Platform will be always available, accessible, timely, or error-free. TourRadar makes no guarantee, warranty or representation as to the amount of commission that may be generated by Partner pursuant to this agreement.

13. Confidentiality


During the course of Partners’ use of the Services, Partner may receive confidential and/or proprietary information relating to us, our corporate group, and/or to the Services that is not known to the general public (including, without limitation, all information pertaining to Commissions, the Platform, and the terms of this Agreement) (“Confidential Information”). Partner agrees that

(a) all Confidential Information will remain TourRadar’s exclusive property;

(b) Partner will use Confidential Information only as is reasonably necessary for Partners participation in the Services;

(c) Partner will not directly or indirectly (including through a third party) otherwise disclose Confidential Information to any individual, company, or other third parties; and

(d) Partner will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement.

14. Privacy, Data and Security

 
14.1. Each party shall ensure that any collection, use and disclosure of Customer Information obtained by such party pursuant to this Agreement complies with Data Protection Laws. Neither party shall send any unsolicited commercial email or other online communication (e.g., "spam") to Customers. 

14.2. Both parties take all appropriate measures to secure the confidentiality of Traveler Information and to protect such Traveler Information from unauthorized use or disclosure. 

14.3. If either party shares any personal data (whether Traveler Information or otherwise) with the other party pursuant to this Agreement, each party shall only process the personal data in accordance with Data Protection Laws. 

14.4. In case that the European General Data Protection Regulation (EU) 2016/679 applies to this Agreement, the parties agree that TourRadar's Data Processing Addendum forms an integrated part of this Agreement and that TourRadar is considered a “data exporter” in the meaning of the Data Processing Addendum.
 

15. Force Majeure


TourRadar shall not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control. 

16. Entire Agreement, Modifications, Waivers


This Agreement constitutes the entire agreement between the parties pertaining to its subject matter, and supersedes all prior and contemporaneous agreements, arrangements and understandings between the parties with respect to such subject matter. TourRadar may amend any of the terms and conditions contained in this Agreement (including any of the Service Terms) at any time and at its sole discretion. Any changes will be effective upon the posting of such changes on the Platform or otherwise upon notification to Partner by any means, and Partner is responsible for reviewing and informing itself of all applicable changes or notices. Partners continued use of any service after TourRadar’s posting of any changes will constitute Partners acceptance of such changes or modifications. In no event will a waiver of any right hereunder constitute the waiver of the right in a future instance unless the waiver so specifies in writing. Any modification, amendment, or waiver effected in accordance with this Section shall be binding upon each of the Parties, and each of their respective successors and assigns.

17. No Assignment


Partner may not assign this Agreement in whole or in part or delegate any of its rights or obligations hereunder without TourRadar's prior written consent. Any attempted assignment in violation of the foregoing will be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's successors and permitted assigns.

18. Severability


If one or more provisions of this Agreement are held to be unenforceable under applicable law the parties agree to renegotiate the provision in good faith. In the event the parties cannot reach a mutually agreeable and enforceable replacement for the provision, then

(a) the provision shall be excluded from this Agreement;

(b) the balance of this Agreement shall be interpreted as if the provision were so excluded; and

(c) the balance of this Agreement shall be enforceable in accordance with its terms.

19. Publicity


Partner may not issue a press release, advertisement or public statement concerning the existence or contents of this Agreement or the relationship of the parties without the prior written consent of TourRadar. Notwithstanding the foregoing, TourRadar may issue a press release, advertisement or public statement referencing Partner as a member of the TourRadar Partner Service (or user of any of the Services).

20. Relationship of the Parties


The relationship created by this Agreement is solely that of independent contractors and the parties hereby acknowledge and agree that nothing in this Agreement will be deemed to constitute either party as an employee or an agent of the other party. This Agreement will not be construed as constituting a partnership or creating any other form of joint venture. Neither party will have any power or express or implied authorization to bind the other party or to assume or to create any obligation or responsibility, express or implied, on behalf of the other party or in the other party's name. Partner will not make any statement, whether on Partners site or otherwise, that would contradict anything in this section.

21. Notices


Unless otherwise provided herein, all notices under this Agreement from Partner to TourRadar shall be in writing and shall be delivered to the address set forth below, and such notices shall be deemed to have been given upon receipt. Notwithstanding the foregoing, TourRadar may provide notices to Partner via email or by other online messaging tools in connection with amendments to this Agreement or otherwise (with such notices deemed to have been given upon sending/posting): 

TourRadar GmbH, 
Kärntner Ring 5-7 Top 304-306, 
1010 Vienna, 
Austria

22. Governing Law and Jurisdiction


This Agreement and the rights and obligations of the parties will be construed in accordance with and governed by the laws of Austria without its conflict of law provisions. The parties submit to the exclusive jurisdiction of the courts of 1010 Vienna, Austria.

SECTION 2

A) Affiliate Service

1. General

 
1.1. The Affiliate Service enables Partner to earn a Commission by advertising Tours on Partners’ channels and facilitating Bookings between Travellers and Operators by 

(a) publishing Tours and integrating Affiliate Referral Links on the Partner Site in order to generate fulfilled Affiliate Bookings (“Affiliate Referral Link Solution”) 

(b) integrating a White Label Version of the Platform on a Partner Site (“White Label Solution”)

1.2. These Affiliate Service terms apply only regarding Partners participation in the Affiliate Service.
 

2. Tracking


2.1. Partner acknowledges and agrees that all tracking and reporting shall be conducted by TourRadar and only TourRadar’s tracking and reporting data will be used to determine whether Commissions are payable to Partner.

2.2. Partner shall not modify Affiliate Referral Links or the White Label Version in any way. TourRadar shall not be responsible for errors that occur in the tracking of Affiliate Bookings if Partner has made, or caused any such modification. Partner acknowledges and agrees that it is Partner’s responsibility to properly format all Affiliate Referral Links and enable the White Label Version in accordance with the technical specifications provided by TourRadar.

3. Affiliate Referral Link Solution

 

3.1. TourRadar shall pay Commissions in respect of Bookings made by a user who visits the TourRadar Platform within the Lookback Period whose first click to landing on the Platform is referred via the Affiliate Referral Link and not any other internet site, search engine, social media site, advertisement and/or link.

3.2. TourRadar does not accept responsibility for users who may delete or otherwise not accept cookies used to track return visits to the TourRadar Platform after the users’ initial visit via an Affiliate Referral Link, and TourRadar shall not be required to pay Commissions in respect of Affiliate Bookings made during any untracked return visits.

3.3. TourRadar shall not pay any Commission for bookings in which the customer clicked on a link belonging to one of TourRadar’s distribution partners prior to clicking on a Referral Link in circumstances where (due to TourRadar’s pre-existing commercial relationship with another distribution partner) the purchase is attributed to the distribution partner rather than the Partner. 
 

4. White Label Solution

 
4.1. TourRadar shall pay Commissions in respect of Bookings made by an End User who visits the White Label Solution directly via the Partner subdomain URL at the time of booking.

4.2. Under the White Label Solution there is no Lookback attribution, given the bookings are directly attributed to the Partner via the URL. TourRadar will only pay Commissions for Bookings that are completed via the White Label Partner subdomain URL.

5. Booking Confirmation and Merchant of Record


TourRadar will be the merchant-of-record in all Affiliate Bookings. Upon completion of an Affiliate Booking, TourRadar will provide an electronic acknowledgement and Voucher for such Affiliate Booking. In the case of Bookings via Affiliate Referral Links and the White Label Version, such communication will be sent to the Traveler directly.

6. Customer Relationship and Support


In case of Bookings via Affiliate Referral Links or the White Label Version, TourRadar will provide the Traveller with support via email or the booking messaging solution in the Travellers TourRadar account.

B) Agent Service

1. General

 

1.1. The Agent Service enables Partner to earn Commissions by advertising Tours directly to his customers and facilitating Bookings between Travellers and Operators by sharing links to Booking Pages. 

1.2. Partner can preselect Tours for his customers and send them links to Booking Pages in order for the customers to finalize Bookings with Operators. 

1.3. Partner shall not modify the links to Booking Pages in any way. TourRadar shall not be responsible for errors that occur in the tracking of Agent Bookings if Partner has made, or caused any such modification. Partner acknowledges and agrees that it is Partner’s responsibility to properly format all links to Booking Pages.
 

2. Tracking


Partner acknowledges and agrees that all tracking and reporting shall be conducted by TourRadar, and only TourRadar’s tracking and reporting data will be used to determine whether Commissions are payable to Partner.

3. Booking Confirmation and Merchant of Record


TourRadar will be the merchant of record in all Bookings via the Agent Service. Upon completion of a Booking, TourRadar will provide an electronic acknowledgement and Voucher for such Booking. Such communication will be sent to the Partner and the Partner is responsible for the communication with the Traveler.

4. Customer Relationship and Support

 
4.1. When using Booking Pages, the Traveller contacts directly with an Operator, but the Partner wishes to conduct all communication with the Traveler. By using Booking Pages, Partner acknowledges that he is responsible for relaying essential communication between Travelers and TourRadar or the Operator, such as, without limitation, legally required consumer information or cancellation notices. Partner warrants that he will relay any relevant communication from and to the Traveler fully and unaltered and without delay. Partner can communicate directly with the Operator or Partner can choose to communicate with Operator via TourRadar by email or TourRadar’s Platform Booking Conversation Page and TourRadar will forward any communication in relation to a Booking without undue delay. 

4.2. In addition to the other provisions of this Agreement, Partner shall indemnify TourRadar and Operators and keep TourRadar and Operators indemnified in full and on-demand from and against any and all costs, losses, damages, liabilities and expenses (including, without limitation, reasonable legal fees) arising out of or in connection with a breach of this clause or as a result of a delayed or faulty communication.
 

C) Wholesale Service

1. General

 
1.1. Partners can purchase Tours in their own name and on their own account from Operators in order to resell those Tours to their own customers (“Wholesale Booking”). TourRadar acts purely as a technical integration partner to facilitate the contractual relationship between the Partner and the Operator. 

1.2. In case DIRECTIVE (EU) 2015/2302 applies to the relationship between Partner and Traveler, Partner acknowledges that by reselling Tours he assumes all responsibilities for a “trader’ arising out of the EU regulation.  

1.3. These Wholesale Service terms apply only regarding Partners' use of the Wholesale Service.
 

2. Booking Confirmation and Merchant of Record


In the payment process, TourRadar is the merchant-of-record towards Partner and Partner will be the merchant-of-record in the relationship to the Traveler. TourRadar, acting solely as the applicable Operators’ payment processing agent, is responsible for charging and collecting all amounts payable for Bookings from Partner. Partner will be responsible for charging and collecting all amounts payable for Bookings from the Traveler (including all merchant fees and credit card chargebacks in relation to the Traveler). TourRadar shall be responsible for all credit card merchant fees and credit card chargebacks associated with a Booking between a Partner and an Operator.

3. Customer Relationship and Support

 
3.1. Partner holds the contractual relationship with the Traveler and is responsible for all communication with the Traveler and between Traveler and Operator. Partner can communicate directly with the Operator or Partner can choose to communicate with Operator via TourRadar who will forward any communication in relation to a Booking without undue delay. 

3.2. Partner is especially responsible for all communication in relationship with cancellations and changes to a Tour.
 

4. Default in Payment


TourRadar reserves the right to cancel any Booking if Partner fails to pay all necessary instalments in due time.