Please find below the Commitments in "contractual language". The relevant provisions in our contract with you about Parity, Best Price Guarantee and direct marketing to guests are hereby cancelled and replaced by the following.
"Accommodation" means you (our contracting party).
"Marketed Online" means marketed to the general public online by any means, including on mobile applications. This definition excludes in particular email, SMS and instant messaging communications that are not aimed at the general public.
"Offline Channel" means a channel that does not involve the use of the internet, such as bookings made in person at an Accommodation's reception, by telephoning an accommodation, or at a bricks and mortar travel agency.
"OTA" means any online reservation service that is not controlled, directly or indirectly by the accommodation or the chain (whether integrated or not) to which this accommodation belongs.
"Platforms" means the website(s), apps, tools, platforms and/or other devices of Booking.com and its affiliated companies and business partners on or through which the Service is (made) available.
"Published Online" means made available to the general public online by any means, including on mobile applications. In the case of rates, publication includes the display of the actual rates or sufficient detail for the consumer to calculate rates (e.g. xx% off, $yy discount).
"Service" means the online hotel reservation system of Booking.com through which accommodations can make their rooms available for reservation, and through which Guests can make reservations at such accommodations.
"Unpublished" means not Published Online
All reference to and use of (rate/availability/policy) parity (including any obligation and warranty (as applicable)) in our contract is hereby cancelled and replaced by the following provisions:
The Accommodation shall give Booking.com Rate and Conditions Parity. "Rate and Conditions Parity" means the same or better rates for the same accommodation, same room type, same dates, same bed type, same number of guests, same or better amenities and add-ons (e.g. free breakfast, wifi, early/late checkout), same or better restrictions and policies such as reservation changes and cancellation policy as made available by the Accommodation.
Rate and Conditions Parity does not apply in respect of rates and conditions:
- offered on any other OTA;
- offered on Offline Channels, provided that these room rates are not Published Online or Marketed Online; and /or
- that are Unpublished, provided that these room rates are not Marketed Online.
The Accommodation hereby warrants that the price for the rooms advertised on the Platforms correspond to, or are better than, the best available price for an equivalent stay as Marketed Online, Published Online or otherwise made available online by the Accommodation on its own website and a better price cannot be obtained by a Guest making a reservation with the Accommodation directly on its website/app.
Within the spirit of this Agreement and subject at all times to the above, the Accommodation agrees to give at all times (subject to availability) some availability for all rooms and room types and is encouraged to provide Booking.com with fair access to all rooms and room types (including various applicable policies and restrictions) and rates available during the term of the Agreement (during periods of low and high demand (including during fairs, congresses and special events)).
BEST PRICE GUARANTEE
Any reference to or use of the Best Price Guarantee in the contract (including any (indemnification) obligation (as applicable)) in our agreement with the Accommodation only applies if and to the extent that we are entitled to Rate and Conditions Parity.
For Accommodations that participate in the Preferred Programme, the Qualifying Performance Criteria of "an unbroken record of rate and availability parity" is hereby cancelled and replaced by (i) an unbroken record of Rate and Conditions Parity, and (ii) the agreement to give at all times (subject to availability) some availability for all rooms and room types.