Tilmelding til affiliates

Du ønsker at indbinde os på din hjemmeside? Så læs venligst følgende partneraftale (engelsksproget) omhyggeligt igennem. Den udgør det juridiske grundlag for partnerskabet mellem TravelTrex GmbH, Bonner Straße 484-486, D-50968 Köln (arrangør, i det følgende benævnt TT) og partneren (i det følgende benævnt "contractual partner") og er en bindende kontrakt for begge parter. Du bekræfter dit samtykke ved at klikke på linket i slutningen af dette afsnit eller i slutningen af denne tekst. Dette vil automatisk føre dig til registreringsformularen.

Efter tilmeldelse til partnerprogrammet kan partnerlinks placeres på alle ønskede undersider af SnowTrex-hjemmesiden, hvorved forskellige layouts er mulige, f.eks. white-label løsninger og tilpasninger til det pågældende design på partner-webside. Derudover kan der vælges mellem forskellige reklameredskaber (banner, logos, etc.), som sikrer en hurtig og ukompliceret integration.

Content of the Affiliate Agreement

1. Contractual objective
2. Conclusion of the contract
3. Sales promotion and licenses
4. Obligations of the organizer
5. Obligations of the contractual partner
6. Payment transactions
7. Commission arrangement
8. Warranty and Liability
9. Data protection
10. Contract amendments
11. End of contract
12. Secrecy
13. Place of jurisdiction
14. Final provisions

1. Contractual objective

   The object of the contract is the advertising and operational cooperation between the contractual partner and TT with the aim of selling holidays together. The holidays organised by TT shall be brokered by the contractual partner to customers in the name and for the account of TT under the conditions, prices and descriptions specified by TT, including any subsequent changes.

   Products and services shall be offered to the contractual partner via appropriately labelled advertising media within the framework of the programme made available by TT. TT shall provide the contractual partner with a selection of advertising materials (logos, banners, graphics, texts) in the personal partner area as well as instructions for integrating the program into the contractual partner's website. With the conclusion of a contract, a four-digit agency number is assigned to the contractual partner. Insofar as the contractual partner strives to integrate TT's offers online, the customers who are referred via the contractual partner's website shall be registered using the link assigned via the affiliate programme with attached agency number.

   The contractual partner shall receive performance-related remuneration for actual sales of goods and services which are based on a direct link to the TT website or direct booking with the agency number via TT's agency access. Products and services which are not expressly offered as part of the affiliate programme - e.g. which are made available by third parties - are excluded from remuneration. The remuneration shall be calculated in accordance with Clause 7 of the contract.

   The contractual partner expressly declares that he is an entrepreneur and confirms that he will meet his value added tax obligations independently.

2. Conclusion of the contract

   TT provides an online application form. After sending the completed form, the application will be examined and, if accepted, confirmed in writing to the contractual partner. The prerequisite for acceptance is that the contractual partner is fully contractually capable.

   The contractual partner assures that his website does not contain any representation or any reference to pornographic or unconstitutional content, nor does it contain any representation of politically extreme content. Should legal claims be made against TT by third parties in this connection, the contractual partner shall be obliged to indemnify TT against these claims, in particular claims for damages and administrative penalties imposed against it, including the costs of legal assistance.

3. Sales promotion and licenses

   Self-promotion by the contractual partner in which a product is represented by TT must be coordinated with TT prior to publication. In the case of presentation in electronic media or print media, it must be noted that the use of the TT logos or the passing on of the logos etc. may only take place with TT's written consent.

   With the conclusion of the contract, the contractual partner acquires a non-transferable right, which can be terminated at any time, to use the materials made available on the TT website for the purpose of advertising by creating links to the TT website. This right shall not include the right to modify or otherwise process the material provided, unless TT has granted prior written permission to do so.

   The advertising material may not be used for purposes other than advertising TT's offers.

   This license shall expire upon termination of the contract.

   A change to the URL address of the contractual partner's website shall not constitute a change to the contract and shall not affect his rights and obligations under this contract.

   TT shall inform the contractual partner at regular intervals about current product and programme innovations within the framework of a partner newsletter. The partner newsletters shall be sent to the e-mail addresses stored in the affiliate area. The partner may, at any time, revoke the consent given upon conclusion of this contract to receive the partner newsletter.

4. Obligations of the organizer

   TT shall provide the contractual partner with all information required for the proper establishment of links. This information is located in the personal affiliate area to which the contractual partner has access via password after registration.

   TT administers the orders placed via the partner links, records the volume and total of sales made via the partner links, provides the contractual partner with sales statistics on request, handles shipping, payment and cancellation processing and all related customer services.

   TT shall assume all obligations arising from its capacity as a tour operator. This includes professional advice to the customers by TT's call centre. TT shall indemnify the contractual partner against any claims asserted against the contractual partner by brokered customers insofar as these are not based on the fact that the contractual partner itself is liable due to its capacity as a travel agent or tour operator.

   The handling of any claims for damages and complaints by the customer arising from the performance of the holidays shall be the sole responsibility of TT. In the event that TT is obliged to make a payment to the customer due to poor performance on the part of the contractual partner, the respective amount shall be invoiced to the contractual partner. The same shall apply to the costs of any legal assistance that may become necessary.

   TT commits in particular to the processing of incoming bookings properly and promptly in the order in which they are received. The same shall apply to incoming complaints.

5. Obligations of the contractual partner

   1. Linking the offers of TT

      The contractual partner shall integrate the advertising material of its choice made available within the framework of the affiliate programme into its website and thereby establish a connection to the TT website. With the aid of the assigned link codes, the affiliate programme identifies the customers who are referred by the contractual partner's website. Changes to the links (deep links of any kind are possible) may only be made with TT's consent. TT reserves the right to modify the links at any time.

      The responsibility for the correct technical integration of the links lies exclusively with the contractual partner. They should therefore only use links that are provided within the framework of the affiliate programme, otherwise no guarantee can be given for the correct registration and billing of sales.

      The contractual partner is responsible for the installation, operation and maintenance, as well as for the accuracy and correctness of the content that appears on its website. The responsibility also refers to the technical operation of the website, in particular the links to the website of the contractual partner, and to ensuring that the content of the website does not infringe the rights of third parties or otherwise violate the law.

      The contractual partner commits only to submit his or her TT agency number via links, if the customer interacts with TT's site by either clicking on an advertising medium integrated on the partner site or, if the contractual partner has directly integrated TT's site, by carrying out an action on TT's site. Otherwise, the submission of the TT agency number via links and the associated acquisition of a corresponding entitlement to commission shall be prohibited. In the event of violation by the contractual partner, a contractual penalty in the amount of €5,000.00 shall be deemed agreed.

      The contractual partner may not design its website in such a way as to create a risk of confusion with TT's website or give the impression that the contractual partner's website is wholly or partly TT's website. The web pages made available by TT within the framework of the affiliate programme are excluded from this. Furthermore, the contractual partner is prohibited from placing advertisements with the keywords SNOWTREX, HOLIDAYTREX (also in modified spelling) in Internet directories and search engines (Google, Yahoo, etc.) e.g. in Google Ads, as the aforementioned terms are protected by trademark law. The aforementioned brand names, as well as modified (incorrect) spellings, must be negated in the keyword lists by Broad-Type. A contractual penalty of €1,500.00 is agreed for each case of infringement. TT expressly reserves the right to assert further claims. The contractual partner is not entitled to prepare or accept offers on behalf of TT or to represent TT. In addition, it is prohibited to make statements to third parties which give the impression of a power of representation. In the event of violations of these obligations, the contractual partner shall be obliged to pay TT full damages.

      If the contractual partner integrates TT content on its own websites within the framework of this partner agreement, the contractual partner shall be responsible for the correct technical integration of TT content (texts & images). The contractual partner must ensure that none of its websites with TT content are included in the search index of search engines (duplicate content: https://support.google.com/webmasters/answer/66359?hl=en).

      The contractual partner must permanently block the inclusion of websites in the search index via the meta tag "noindex" as long as TT's content is used on the websites.

      For this purpose, the contractual partner must correctly implement the meta tag "noindex" on all websites on which TT content is displayed. Information on this can be found at: https://support.google.com/webmasters/answer/93710?hl=en. The meta tag "noindex" must appear in the source code of the web pages at all times. It may not be removed as long as TT content is implemented on the websites.

      Websites of the contractual partner with TT content may not be blocked by a robots.txt file and search engines may not be prevented from crawling these websites. Further information can be found at: https://support.google.com/webmasters/answer/93710?hl=en.

      The forms of integration concerning the deindexing of TT content can be found in the linked Appendix.

   2. Sale of TT's offers in direct customer contact

      If TT's offers are brokered in direct customer contact - i.e. not via a link to TT's offer - the contractual partner commits to broker TT's offers and services with the diligence of a prudent businessman; this shall also apply to all vicarious agents of the contractual partner. The contractual partner commits in particular:

      • to provide interested parties with all information about TT's offers willingly and free of charge and to use its best knowledge and belief to promote the active sale of TT's services;
      • to act exclusively as an agent for TT's services vis-à-vis the traveller and to make it clear that a legally binding confirmation of the travel registration can only be made by the organizer;
      • not to act as a sub-broker or intermediary of third agencies in respect of which TT has refused to cooperate;
      • to notify TT immediately of any declarations of withdrawal (cancellations) received by it, stating the date of withdrawal and the name of the withdrawing party;
      • for the immediate forwarding of received complaints to TT;
      • to employ employees for customer advice whose professional qualifications meet the requirements of the booking business;
      • to refrain from measures which unreasonably impair the sales activities of other TT sales partners;
      • to communicate all offers of the organizer, the applicable prices, conditions of carriage, travel and payment as well as all travel information provided by TT or to present them in the media intended for this purpose. This applies in particular to the forms for informing the traveller of a package tour. It is imperative that the customer is notified of these prior to conclusion of the contract. Furthermore, the customer must be informed of the entry and health regulations valid for his booked holiday prior to booking.
      
      Regulations for booking holidays from TT:
      • The booking process is carried out via TT's agency access by entering the agency number and subsequent online booking. If a different booking method is chosen, the assignment of the commission cannot be guaranteed.
      • The contractual partner must ensure the legal validity of a booking made by its customers and ensure that the travel guest is made aware of TT's currently valid travel conditions and data protection provisions. The booking must include the name, address and date of birth of the customer as well as the names and dates of birth of the travel participants. It is not permitted to enter the agency address. The travel contract only becomes effective subject to a travel confirmation by TT to the customer - acceptance of the offer is therefore only possible by TT. The contractual partner with whom the contract was concluded with TT shall be liable for all bookings made under the respective agency number. Bookings shall always be deemed binding. Cancellation fees may be incurred if a booking is withdrawn. Fees may be incurred in the event of rebookings or changes to a booking.
      • Activation for the use of external CRSs (e.g. Merlin, Tr@fficsCosmo, Tr@fficsTibet Internet Booking Engine) requires the express consent of TT.
      • The transfer of booking data to third parties by the contractual partner is only permissible with the express written consent of TT.

   3. Breach of contract

      If the contractual partner violates these obligations and this may result in claims for damages by third parties against TT, the contractual partner shall be obliged to indemnify TT against these claims or to grant it financial compensation. This shall also apply to the costs incurred in the defence against such claims, for any legal assistance which may become necessary or which arise as a result of obvious misuse by the contractual partner.

      If the travel booking cannot be carried out due to the fault of the contractual partner, TT shall be entitled to assert claims against the contractual partner with regard to the travel cancellation costs in accordance with the currently valid TT travel and payment terms and conditions. The contractual partner is at liberty to prove that a significantly lower loss has been incurred. TT reserves the right to assert a higher claim for damages.

6. Payment transactions

   Payment transactions shall be made via direct collection: All payment transactions shall exclusively be made directly between TT and the customer. The booking confirmation/invoice as well as the travel documents shall be sent directly by TT to the customer. Alternatively, collection by the contractual partner (agency collection) is also possible, but must be applied for in writing and confirmed by TT.

7. Commission arrangement

   1. Billing mode

      The contractual partner shall receive a commission for transactions concluded between the customer and TT via its website. The entitlement to commission arises on the day of the commencement of the holiday, billing and payment shall be made monthly, in each case in the month following the commencement of the brokered holiday.

      The percentage of the commission varies between 5% and 10%. The default setting in the system is 5%. Higher commission levels are assigned firstly on the basis of turnover, and secondly depending on the type and manner of cooperation. The following are the six commission levels:

      Sales	Commission
      up to €15,000	5.0%
      from €15,000	6.0%
      from €30,000	7.0%
      from €50,000	8.0%
      from €75,000	9.0%
      from €100,000	10.0%

      In order to be classified in the next highest commission level, the contractual partner must independently report to TT by 30/06 of a given year. The increase then takes place retroactively from 01/06 of the previous year. If the sales for this season (01/06-31/05) fall below one of the sales levels listed in the table above, TT reserves the right to reduce the commission rate accordingly at the end of the respective season. TT must give two weeks' written notice by e-mail before reducing the commission rate.

      The commission is calculated on the basis of the turnover from TT holidays made under the respective agency number within a fiscal year (all travel commencements in the period from 1 June to 31 May).

      Payment of the commission shall fully cover all costs, expenses and claims incurred by the contractual partner in connection with the brokerage of TT products.

   2. Basis of calculation

      The calculation basis for commission settlement is regularly the turnover in the currency of the booking. In general, the complete turnover is commissioned, i.e. also booked extras. Cancellation costs received, as well as additions and amendments, are fully taken into account in the calculation of the commission. The affiliate programme is based on session tracking. If a customer accesses the TT websites via a link with the agency number of the contractual partner attached as a "code" parameter or with an internally assigned agency number via an own domain (or subdomain) and books a trip with TT in the same session, this booking will be directly assigned to the contractual partner.

      As TT receives only a very small commission or no commission at all when purchasing lift passes or activity (packages), these are not remunerated. No commission is paid on additional fees and taxes charged in addition to the travel price (e.g. visitor's tax, keycard, credit card fee). Similarly, no commission is paid on flight services, as TT passes on the prices of the flight service to the customer without surcharge.

      A commission claim does not arise if the customer does not meet his payment obligations or only partially meets them. The commission is calculated on the amount actually paid by the customer.

      If the booked holiday cannot be carried out due to unavoidable and extraordinary circumstances at or in the immediate vicinity of the destination or due to a fixed minimum number of participants not being reached, the contractual partner shall not be entitled to a commission. If the holiday is only partially cancelled, the commission on the pro rata travel price shall be granted.

   3. Additional commission on subsequently booked extras

      Additional services (extras) such as equipment hire and courses are an essential part of TT's products. When these cannot be booked for technical reasons (numerous IBE/CRS, for example, cannot represent these) or due to lack of knowledge on the part of numerous customers, TT reserves the right to inform customers of the numerous advantages of these extras following a booking. This service is free of charge for contractual partners, and the additional revenue generated as a result fully benefits the contractual partner.

8. Warranty and Liability

   TT warrants that its website is operated within the scope of current technical possibilities. No liability is assumed. Moreover, the liability of TT's legal representatives, vicarious agents and agents shall be limited to intent and gross negligence. In the event of contractual obligations on the part of TT to pay damages, liability for financial losses shall be limited to the foreseeable loss, but to a maximum of the commission income of the last month.

9. Data protection

   The contracting parties commit to treat the customer data made known to them in the context of and on the occasion of the execution of this contract strictly in accordance with the relevant data protection provisions, in particular those of the Federal Data Protection Act and the EU GDPR. The data may only be used for advertising within the legally permissible framework and may only be passed on to third parties within the framework necessary for the execution of the contract.

10. Contract amendments

    TT reserves the right to change regulations and provisions of this agreement at any time. The contractual partner shall be informed of the changes by e-mail. If the contract is not terminated within two weeks of receipt of the change, the change shall be deemed accepted.

11. End of contract

    The mutual notice period is three months to the end of the month. Notice of termination must be given in writing.

    The contract can be terminated without notice in the following cases:

    • Application for the opening of insolvency proceedings against the owner or shareholder or against the contractual partner.
    • Use of unauthorized image and text content by the contractual partner.
    • Use of the sales information by the contractual partner on other platforms not approved by TT.
    • The contract may also be terminated without notice if there is another important reason, in particular in the event of non-performance or breach of obligations under this contract and in the event of damage to the interests and reputation of TT.

    Even after termination of the contract, no matter the reason, the mutual obligations arising from this contract shall continue to exist until all pending business transactions have been settled.

    Upon termination of the contract, the contractual partner shall immediately remove all references to TT and the trademarks produced by TT - also on the Internet (e.g. banners). The contractual partner may no longer use TT's name in correspondence or other publications and may no longer offer TT's products. All advertising material made available by TT shall be returned without undue delay - at the latest, however, after all pending business transactions have been completed.

12. Secrecy

    As each of the parties makes certain business information available to the other party as part of the cooperation, both parties commit to treat all information (whether oral or written) disclosed to the other party in connection with business plans, products, services, development, finance, research and other business aspects, as well as evaluations and analyses based thereon, as confidential.

    This applies in particular to the amount of the commission granted. No secrecy applies to such information which is generally known or which can come to be known through generally accessible sources, but which are not the sources of the respective contractual partner. These regulations regarding secrecy also apply to the time after termination of the contract.

13. Place of jurisdiction

    The contract is subject to German law. In the event of disputes arising from this contract, Cologne shall be agreed as the place of jurisdiction.

14. Final provisions

    Should individual provisions of this contract be or become invalid, the contractual partners shall replace or supplement the provisions in question with a provision that comes as close as possible to the economic purpose of this agreement. The provisions that are not affected shall remain valid even if one or more points are invalid. No ancillary agreements have been made. Changes must be made in writing. This also applies to an amendment of the written form requirement itself.