FinalBooking.com - Hotel B2B Portal
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Terms of Use & Service

COMMERCIAL AGREEMENT – TERMS AND CONDITIONS

 

 

1. PARTIES

 

a. Booking World Limited titled company having its head office in 5 Argosy Court, Scimitar Way, Whitley Business Park, Coventry, CV3 4GA,  England, which operates the B2B Portal Finalbooking.com,

 

b. Agency (as detailed in the form)

 

2. Recitals:

a. Booking World is an e-wholesaler. Booking World sells traveling products directly to the commercial companies via its group companies.

b. The agency wishes to purchase the travelling products sold by the Booking World Group companies for its own agencies and/or end users within the frame of the terms and conditions of this contract.

 

THEREFORE, THE PARTIES HAVE COME TO AN AGREEMENT ON THE FOLLOWING ISSUES:

3. DEFINITIONS

3.1. Thus in this Contract, the following terms shall be applied:

Contract, shall mean this Supply Contract.

FinalBooking shall mean the application program interface that enables the utilization of an interface that is in compliance with the Specification of a third party authorized to access to Booking World Limited reservation system.

FinalBooking Software shall mean the software that will form an interface with FinalBooking.

Business Day shall mean the days on which the banks in England are normally open (excluding Saturday or Sunday).

Group Company shall mean any subsidiary or holding company or any subsidiary of that holding company.

Intellectual Property Rights shall mean the rights related to the patents, copyrights, database rights, design rights, registered rights, commercial brands, service marks, commercial secrets and confidential information related rights and the rights, whether have protection due to similar property or been registered or not, which have similar impact at any point of the world with goodwill as well as the applications concerning the related registration.

Net Price shall mean the price that includes VAT and all local, federal and national taxes and service fees (including luggage delivery) and that will be shown by the Booking World’ Reservation System (before bulky special sales or discount) as the Product Sales price of Booking World and the product purchase price of the Agency.

Booking World Web Sites shall mean the web site currently located in http://www.bookingworldltd.com address and the all other web sites that are managed by Booking World Group Companies. In addition to this, it refers to XML sites that have connection with Booking World Group Companies.

Product shall mean the hotel accommodation in accordance with the reservation in Booking-World.com Reservation System.

Content of Product shall mean the photographs, explanations, other details and all other data concerning the Product been supplied by Booking World through the Booking World Reservation System.

XML Specification shall mean the technical and functional specification concerning the Booking World Software to be used by the Agency due to this Contract as has been firstly developed by Booking World and mentioned in Annex 1 of this Contract.

Mentioned Money Currency shall mean the currency from which the Product is sold by Booking World as has been mentioned in the Booking World Reservation System.

XML shall mean the extensible markup language.

 

3.2. The headings of the articles, appendices and the paragraphs shall not affect the interpretation of hereby Contract.

3.3. Annexes shall constitute a part of hereby Contract and they shall be in effect if they are given completely herein Contract. The references made to this Contract contain also the annexes.

3.4. Person shall include natural, legal persons or ordinary personality (whether it has a separate legal personality or not) and their legal and personal agents, successors and authorized successors.

3.5. Words importing the singular shall include the plural and vice versa.

3.6. A reference made to a gender shall include other genders also.

3.7. A reference made to a law or provision of a law shall include all the amendments, supplementations or law or provision of law which are effective on the date of hereby Contract by taking into account of revival of these and shall include the laws, the provisions of laws or affiliated legislations which amend or revive these.

3.8. The references made to “in written “or “written” expressions shall include the facsimiles, however shall not include the e–mails.

3.9. The liability of a person regarding the non-performance in hereby Contract shall include non acceptance of the thing to be done or liability to not to permit this.

3.10. A reference made to a document shall include this document which was amended in various times or replaced by a new one (in all cases, being different from the breach of the provisions of this Contract).

3.11. The references made to the articles and annexes shall include the articles and annexes of this Contract and references made to paragraphs shall include the paragraphs of related annex.

3.12. The references made to time shall include Coventry’s time and references made to one day shall include 24 hours of period which starts from the midnight.

 

4. LICENSES

4.1 Herewith, Booking World grants a non-exclusive, free of license fee and worldwide valid license to Agency in order to realize the below mentioned matters during the term of this Contract:

(a) to realize hotel and other travel services reservations for its clients on NET rate basis;

 (b) to provide access to Booking World and to establish a connection with it;

(c) to provide access to Booking World Reservation System via FinalBooking.com B2B Portal; and

(d) in order to help the Agency to fulfill its liabilities pursuant to this Contract and to develop the sales of the Product; to use the Intellectual Property Rights (including the Product, Content of Product and the ones regarding the Booking World brand).

 

5. PRICING AND PAYMENT

The payment for bookings to Booking World will be done by the Agency company credit card, deposit or bank transfer through Booking World system online or offline. Agency will collect the payment from its clients in its own methods.

a. Booking World shall sell the Product from the Net Price as an agency and Agency shall buy the Product from the Net Price. The Net Price shall be the Mentioned Money Currency.

b. Agency shall work with prepayment system on Company Credit Card or Bank Transfer or Deposit basis.

c. Notwithstanding whether the Agency made collections or not from the Consumer, the payments regarding the reservations shall be done in time and completely by the Agency. Any reservation made through FinalBooking.com B2B Portal, they will have to be pre-paid with the company credit card on line system on Company Credit Card or Bank Transfer or Deposit at the time of booking or until the payment deadline date under prepayment terms of FinalBooking.com B2B Portal online system.

d. All invoices are to be paid in full. We will not accept any short payments. If you are expecting a credit from customer service, please pay the invoice in full and you will receive a credit, if due, once the issue is resolved.

e. It is the Agency’s responsibility to finalize each reservation by entering the company credit card system on Company Credit Card or Bank Transfer or Deposit through their Booking World system before the cancellation deadline. The reservations which are not finalized (Paid) will be cancelled automatically by the cancellation deadline.

 

5.1 Chargeback/Dispute

In case Booking World receives a chargeback/dispute from the Agency that the booking is not within the cancellation deadline and it is a future booking, Booking World has the right to cancel the booking and refund in full.

In case Booking World receives a chargeback/dispute after the check-in date or within the cancelation deadline, and Booking World loses the chargeback/dispute, Booking World has the right to cancel all the in-house and future bookings.

Agency shall cooperate with Booking World to the full extent in case of charge backs and disputes.

In case Booking World receives fraud transactions, access to Booking World system might be suspended until full payment is received. In addition, BOOKING WORLD reserves the right to require prepayment for all current and future bookings, and/or cancel all bookings.

Despite the fraud measures taken by Booking World, the Agency shall check daily bookings regularly and take necessary measures if any booking is suspected to be fraud.

 

6. GUARANTEES AND COMMITMENTS

6.1 Booking World guarantees and commits the following:

(a) that it is entitled to grant the licenses mentioned in the 4th Article of this Contract to the Agency; and

(b) that the Agency’s use of Content of Product and Booking World Reservation System in accordance with the provisions of this Contract will not breach any other third person’s Intellectual Property Rights.

6.2 The Parties guarantee and undertake that they have the full power to execute this Contract and they maintain this full power and they do not bind themselves with another third person contract which may effect this Contract or which may conflict with this Contract.

6.3 The Parties guarantee and undertake the following matters to each other:

(a) To provide the fulfillment of the liabilities within the scope of hereby Contract by the authorized persons who have proper competence level and experience with reasonable care, skill and attention;

(b) Except the situations in accordance with the provisions of this Contract, to not to adopt or use any trademarks, logo, domain name used by other party or any other sign, domain name, drawing, symbol, emblem, logo, title or name (collectively “Signs”) which contain the brand name or which are very similar that they can be confused or their colored counterfeits including;

(c) to not to allow or authorize any kinds of actions or negligence at all times which may cause a change, harm, misuse or harm its reputation, discredit or influence adversely the signs of the other party;

(d) to not to perform the liabilities within the scope of hereby Contract prejudicially against the mentioned party’s name, reputation, goodwill or image according to the reasonable opinion of other party and not to perform these liabilities inconsistent with hereby Contract;

(e) not to declare or guarantee anything on behalf of the other party without prior written consent of the other party; and

(f) To comply with all the related laws, regulations and requirements of inspection, governmental, semi- governmental organizations.

 

7. PROGRESSION MEETINGS

7.1. The Account Managers of the Parties are mentioned below:

Booking World :  (manager)

Agency : (Manager)

 

7.2. The Account Managers of the Parties shall act as a representative of relevant party in line with the purposes of this Contract and they shall be responsible for providing the information and notifications which may be demanded by each party in order to fulfill their liabilities within the scope of this Contract.

7.3. The Parties shall enable their own Account Managers to hold a meeting with each other’s Account Manager in order to discuss the problems which arise from the execution of this Contract.

7.4. The e-mail addresses of the personnel authorized by the parties except from the Account Managers are as follows:

For Booking World : info@finalbooking.com

For Agency : (email)

The correspondences realized between these e-mails shall always have a binding character and the Parties accept that these correspondences between the Parties are final evidence.

 

8. REPORTING

8.1 Agency can, through FinalBooking.com B2B Portal, operate the following:

(a) It can download from FinalBooking.com B2B Portal, the monthly product and sales reports;

 (c) It can give see the feedback from FinalBooking.com B2B Portal about the product and performance of the Agency; and

 

9. RESERVATION CONDITIONS

9.1. Reservations:

(a)All reservations must be communicated directly to BOOKING WORLD through online reservation system. Reservations will be confirmed based on availability.

(b) Once the reservations  are accepted and confirmed, BOOKING WORLD’s deposit, payment, cancellation, change, no-show, and refund/discount policies herein will apply.

(c) “THE CLIENT” agrees that passenger nationality declaration is mandatory and must be determined by the Tag at the time of the request/booking. This information must be in accordance with the passenger passport. False or no declaration of passenger nationality may cause consequences for which BOOKING WORLD cannot be held liable. If this tag is not applied, Agency Nationality will be taken as passenger nationality by default. In case, any financial damage occurs due to false/no nationality declaration through XML, it will be covered by “THE CLIENT” towards their customers or to BOOKING WORLD in full.

9.2. Validity of the Prices

a. Hotel rates are per room per night and based on single, double, triple and quad occupancy as is applicable.

b. Rates do not apply to groups (more than 5 rooms) and may not apply during special events or conventions.

c. BOOKING WORLD reserves the right to change all rates, even after confirmation, as a result of changes in government taxes, currency fluctuation of 3 % or more and trade fair date and / or rate changes.

9.3. Accommodations

a. In general, single rooms contain one bed; double rooms contain one or two beds available upon request and triple/quad rooms contain two beds. Rollways are usually available at a small fee payable to the hotel.

b. Family plan will apply only if stated in the tariff. In order to apply, ages have to be provided when booking destinations where applicable.

9.4. Cancellation/ Changes/No-Show Policy

a. All cancellations received will be provided with a cancellation number by our reservations department. Requests for refunds will not be honored without said cancellation number.

b. Hotel cancellations received within the deadline period (from beginning of the cancellation deadline till the check-in date) of that specific hotel and hotel no-shows will incur a one (1)-night cancellation fee or sometimes full charge depending on the terms of the hotel. The client acknowledges following and acting accordingly with the deadline of the cancellations. Solely Booking World shall authorize cancellations and/or changes requested by the Client. Any cancellations that are made directly with the hotel by the client or the customers of the client are not considered valid and Booking World’s deposit, payment, cancellation, change, no-show, and refund/discount policies herein will apply. The client should make all the cancellations, amendments and/or early check outs with Booking World’s authorization.

c. Non-cancelled or non-confirmed alternative reservations in case of book-out or rejections; are considered cancelled under the client’s responsibility.

d. Booking World will not be liable to the Client if a booking cannot be fulfilled by reason of fire, earthquake, epidemic, flood, snowstorm, explosion, strike, riot, civil disturbance, war, act of God, any failure or delay of any transportation, power or communications system or any similar events beyond either parties’ control. In any of these circumstances, Booking World will always do its best to provide alternative arrangements or refund any sum already paid unless it is bound by contracts with its suppliers which prevent Booking World from obtaining a refund to pass on to the Client.

9.5 Refunds/Discounts

a. Refund requests for early check out must be accompanied by the hotel early check out authorization. The authorization is not a guarantee for a refund, which will be issued only if the hotel or supplier will not charge Booking World.

b. All requests for discounts and/or deductions due to complaints or claims by consumers shall be presented in writing to Booking World within twenty (20)-days after checkout or end of service. Booking World shall determine the validity of all requests for discounts and/or deductions within the following 10 days of issue of the claim. Any discount and/or deduction taken unilaterally by the Client without complying with the provisions of this clause shall be considered a breach of the payment obligations of the Client and Booking World shall have the right, at its sole discretion, to terminate this Agreement and/or eliminate or reduce the commission payment.

 

10. GENERAL CONDITIONS

10.1 Entire Agreement/No Joint Venture/Severability

This Agreement shall not be modified except by a written agreement dated subsequent to the date of this agreement and signed on behalf of the Parties by their respective duly authorized representatives. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The Parties hereunder are operating as independent contractors, and nothing in this Agreement shall be construed as creating a partnership, franchise, joint venture, employer-employee relationship or agency relationship. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. The Parties intend that the provisions of this agreement be enforced to the fullest extent permitted by applicable law.

  • The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this agreement.
  • If any Clause within this Agreement is deemed to be invalid then the particular offending clause in question shall be removed by the remainder of the Agreement shall stand
  • This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties submit to the jurisdiction of the English courts. This Agreement is governed by English Law

 

10.2 Rights and obligations

The Client agrees not to undertake any activity that may result in automatic generation of availability requests via the net rate FinalBooking.com B2B Portal that is provided by Booking World. The Client agrees not to create systems that force the browser into automatic searches and caching results. The Client will ensure that pages that utilize the “Live Availability and Rates” methods must not default search dates and must not be crawled by search engines or other robots.

If the Client fails to comply with this obligation, Booking World reserves the right to temporarily or permanently deactivate the FinalBooking.com B2B Portal access of the Client.

 

10.3 Governing Law

This agreement shall be governed by and construed in accordance with the laws of England without reference to other laws (no envoi).

Any and all disputes arising out of or in connection with this Agreement, including on its conclusion, binding effect, amendment and termination, shall be resolved by arbitration by a panel of three (3) arbitrators in accordance with the Rules of Arbitration of the International Chamber Commerce (the "ICC Rules") applicable at the commencement of the arbitration.

In the event of any dispute, the Parties hereby agree to make every effort to settle the dispute amicably before reverting to arbitration. An attempt for amicable settlement shall be deemed to have failed if one of the Parties to this Agreement so notifies the other Party or if one of the Parties serves a written notice (the "Arbitration Notice") to the other Party that it intends to resolve the dispute by arbitration in accordance with this Article 27.

The first arbitrator shall be nominated for appointment by the Party initiating the arbitration proceedings in its request for arbitration. The second arbitrator shall be nominated for appointment by the other Party within twenty (20) days of the date on which that Party received the request for arbitration. The third arbitrator (who shall act as chairman of the arbitration tribunal) shall be nominated for appointment by the two appointed arbitrators.

The seat of the Arbitral Tribunal shall be Zurich (Switzerland). The procedural law of this place shall apply where the ICC Rules are silent. The proceedings shall be conducted in the English language.

The arbitration award shall be final and binding upon the Parties. The Parties agree that any such award of arbitration may be entered forthwith and enforced in any court of competent jurisdiction.

 

11. LIABILITY

11.1 In the event that this liability arise from the breach of the Contract, wrongful act (including negligence), misrepresentation or breach of a legal liability; regarding the pretension which shall be made by the Agency pursuant to this Contract or because of any event or connected chain of events for its damages and losses, Booking World shall be liable from the first notified date of this pretension within twelve months of period and shall not exceed 20% of profit obtained by Booking World in accordance with this Contract.

11.2 The Parties shall be liable for the pretensions made within two (2) years from the first event or chain of events which caused this pretension.

11.3 Booking World shall be entitled to demand all kinds of damages that it had suffered as a consequence of the wrongful acts of the Agency and it has the unconditional right to convert the letter to money in order to compensate its damages in question.

 

12. TERM AND TERMINATION

12.1 Subject to the early termination provisions mentioned in this article, hereby Contract shall enter into force on the date both parties had signed it and shall be effective for one (1) year and it shall be terminated with a notification of either party, minimum three months before.

12.2 Without prejudice to other existing rights regarding this situation; the parties shall terminate hereby Contract by making a written notice to the other party, in the event that one or more than one of the following situations have occurred:

(a) in the event that other party has violated one of the provisions of this Contract regarding the basis of the Contract and in case that this material breach is emendable, not to correct this breach within 28 days from the date that the written notification has been received which demands the correction of the breach; or

(b) Other party which stops work, fail to pay its debts when they are due, being or deemed as insolvent, a trustee, manager, administrator, administrative receiver or similar official to be appointed to the whole or some part of its assets or its company, to enter into a formation or arrangement with its creditors, to take similar precaution as a consequence of a debt or decision for an injunction, a prescription or decision made for its dissolution or liquidation (different from amalgamation or reconstruction which it can pay its debts) or to go into liquidation either voluntarily or involuntarily.

(c) Booking World may immediately terminate this Agreement by written notice to the client if; Booking World discovers, or suspects on reasonable evidence, any fraud or willful misconduct in the display, pricing, offer or sale of the Booking World Product through the Client’s System; and/or when there is a breach regarding the payment or the other clauses of this agreement.

 

13. CONSEQUENCES OF TERMINATION

13.1 The termination hereby Contract for any reason shall not affect the accrued rights or liabilities of the parties or shall not affect the provisions to become effective or continue to remain effective which were mentioned as they shall remain valid during or after the effectiveness of this termination.

13.2 Booking World shall not be liable to fulfill all the reservations which were made before the termination date.

13.3 In the event that hereby Contract has been terminated for any reason;

(a) The accrued liabilities, rights and responsibilities which were constituted by the articles and which were designated to remain effective after the expiration, amendment or termination of hereby Contract due to their characteristics or contents shall prevail fully effective without being affected by the expiration, amendment or termination; and

(b) The parties shall return, delete or exterminate any Confidential Information belonging to other party wherever they were recorded or kept, according to the written instruction of the other party.

13.4 In the event that hereby Contract has been terminated for any reason; the parties shall give back all the copies of the received information and data given by the other party in line with the purposes of this Contract, upon the request of other party and each party shall approve that it shall not possess any copy of such information or data, upon the request.

 

14. CONFIDENTIALITY

14.1 During the term of this Contract and after the expiration or termination of hereby Contract by any reason; the Parties (“Recipient Party”) shall:

(a) keep confidential the Confidential Information of the other party (“Disclosing Party”);

(b) shall not disclose the Confidential Information without prior written consent of the Disclosing Party or shall not disclose them to any other person except as is required pursuant to Articles 13.2 and 13.3; and

(c) shall not use the Confidential Information with another purpose except to fulfill its liabilities within the scope of hereby Contract.

14.2 During the term of hereby Contract, the Recipient Party shall disclose the Confidential Information, which may be necessary in line with the purposes of this Contract, to its employees, sub-contractors and its customers (“Purchasers”).

14.3 The Recipient Party shall provide each Purchaser to know and to comply with the liabilities of the Recipient Party within the scope of this Contract as if they are a party in this Contract.

14.4 The liabilities mentioned in Articles 13.1 and 13.2 shall not be applied to the following Confidential Information:

(a) As of the date of hereby Contract or after the date of this Contract, generally known Confidential Information without any breach to this Contract by the Recipient Party or by any of the Purchasers;

(b) Before disclosed to the Recipient Party by the Disclosing Party, Confidential Information which was shown by the Recipient Party that it has been already known by the Recipient Party;

(c) Confidential Information which was received later from a third person legally by Recipient Party; or

(d) Confidential Information which is required to be disclosed by law or by an inspection authority which has jurisdiction over the parties.

14.5 In line with the purposes of hereby Contract, including but not limited to the Confidential Information shall mean all kinds information which were exclusively mentioned that they are confidential (either written, orally or by other means, directly or indirectly) and which were disclosed by one of the parties or by any of the Group Company (Disclosing Party) of this party to the other party or to any of the Group Company (Recipient Party) of this party before or after the date of hereby Contract, regarding the operations, processes, plans or targets; product information, technical information, design rights, commercial secrets, market opportunities and including the business relations of the Disclosing Party, the pricing of the Products, Booking World Web Sites within the scope of this Contract, including the presence and conditions of hereby Contract or the information about the meetings relating to these.

15. DATA PROTECTION

The Parties guarantee the following:

(a) In connection with hereby Contract, to comply fully with their all liabilities concerning the related data protection and confidentiality legislation; and

(b) Related with the fulfillment of their liabilities within the scope of hereby Contract, to register always and continue this within the scope of related data protection and confidentiality legislation.

16.1 In the event that any of the parties had been prevented, precluded or delayed from their any of the performance within the scope of hereby Contract as result of Force Majeure:

(a) the said party’s liabilities within the scope of hereby Contract shall be suspended as long as the Force Majeure circumstance continues and as long as the said party being prevented, precluded or delayed;

(b) from the date that the Force Majeure circumstance had started, the said party shall inform the other party in written, in the shortest possible time about the occurrence of the Force Majeure circumstance, the occurrence date of the Force Majeure and the effect of the Force Majeure circumstance on its fulfillment of its liabilities within the scope of hereby Contract;

(c) the said party shall endeavor its best efforts in order to reduce the effects of the Force Majeure Circumstance on its fulfillment of its liabilities within the scope of hereby Contract; and

(d) After the end of Force Majeure Circumstance, the said party shall inform the other party in the shortest possible time about the ending of the Force Majeure Circumstance and shall resume on its liabilities within the scope of hereby Contract.

16.2 In the event that the Force Majeure Circumstance continues more than one month from its starting or occurrence date; the parties shall terminate this Contract by giving a notification to the other party by way of implementation of the provisions of Article 12.

17. NOTICES

17.1. The notices or other communications (Notice) which will be sent within the scope of hereby Contract shall be in written and shall be send to e-mail accounts or facsimile numbers mentioned in this Article via prepaid post, e-mail or fax message. The notices shall be accepted as they are received in the below mentioned situations:

a- In the hand delivery situation, during the delivery;

b- In its sending by post, 48 hours after it has been posted; and

c- In its sending by fax or e-mail, on the transmission hour,

In the event a notice is received in a day which is not a Business Day or received after 16:30 hr in a Business Day; it shall be deemed as it was received on the following Business Day at 10:00 hr.

17.2. The following shall be adequate in order to prove that the notice has been delivered (according to circumstance):

(a) The envelope which contains the notice, to be sent properly and to be delivered to the proper address;

(b) The envelope which contains the notice, to be sent by prepaid post; or

(c) Transmission by fax and sender to receive transmission confirmation from fax machine.

(d) Transmission by e-mail and sender to receive automatic transmission information regarding that it has been sent.

17.3. The parties shall inform any changes in their addresses, telephone numbers or facsimile numbers to the other party, within a reasonable period of time, from the date this said change occurred within 5 Business Days.

 

18. INTEGRITY OF THE CONTRACT AND AMENDMENTS

18.1. Hereby Contract (including its Annexes), shall constitute the entire agreement between the parties. Parties accept that to enter into this Contract with the conditions existing in this Contract shall not depend on any declaration, guarantee, promise or assurance which was made with other persons or other party written or not in any time before the date of hereby Contract and which were not explicitly stated in this Contract.

18.2. In the event any conflict exists between the provisions of this document; the following order shall be applied (front to back): (i) hereby Contract and its Annexes.

18.3. The amendments which shall be made in this Contract shall not be valid unless they are written and signed by the authorized representatives of both parties or unless they are approved by e-mail.

19. RENUNCIATION

19.1 Renounce from any breach or default circumstance within the scope of hereby Contract, shall not enter into force unless it is written and signed by the alleged party.

19.2 Either of the parties which does not apply or delay in application of any right, power or remedy shall constitute a renunciation regarding this right, power or remedy and any of the right, power or remedy within the scope of hereby Contract to be applied separately or partially shall not prevent other rights, powers and remedies application and shall not prevent this right, power and remedy to be applied more.

19.3 All the rights, powers and remedies within the scope of hereby Contract are cumulative and the rights, powers and remedies provided by the laws are not separate.

 

20. ASSIGNMENT

None of the parties shall assign, transfer, encumber to another person or dispose in another way of its rights and liabilities within the scope of this Contract in part or in whole without a prior written consent of the other party. Booking World can always assign between the Group Companies without a prior consent.

 

21. SEVERABILITY

Any of the provisions of this Contract being illegal, invalid or unenforceable or to become illegal, invalid or unenforceable within the scope of any law shall not affect or derogate the following:

(i) The legality, validity or enforceability of other provisions of this Contract within the framework of this jurisdiction; or

(ii) The legality, validity or enforceability of other provisions of this Contract within the framework of another jurisdiction.

 

22. PARTNERSHIP

Nothing contained in this Contract and the actions performed by the parties in accordance with this Contract shall not constitute any kind of partnership, union, joint venture or another cooperative ventures between the parties and shall not be deemed as it generates an agency between the parties in line with the other purposes.

 

23. COPIES

23.1 Hereby Contract can be carried into force more than one copies however, it shall not be valid until the parties carry into force at least one copy.

23.2 Each one of the copies shall constitute the original copy of this Contract, however all the copies shall collectively constitute the sole contract.

23.3 Both parties accept the signature which is original signature and which is sent to other party by e-mail after it is scanned in the computer. The signed contract copy which is sent by e-mail shall always be binding for the parties.

23.4 Agency accept, declare and undertake that electronic, e-mail and system records, commercial records, book records, microfilm, microfiche and computer records, which are kept in the database of Booking World shall constitute conclusive, binding and exclusive evidence for the disputes which may arise from hereby Contract and that this article shall have the characteristics of evidential contract.

 

24. SETTLEMENT OF DISPUTES

In the event that there are disputes or pretensions arisen from or connected with hereby Contract, the parties firstly shall try to settle this circumstance through their Account Managers. Account Managers shall show reasonable effort in order to settle the dispute or pretension which would be satisfactory for both parties. In case that they are not able to settle the dispute or pretension and in case that the dispute or pretension still remains unsettled after 28 days; the situation shall be narrated to the CEOs / General Managers of the parties and parties shall notify each other about this matter. CEOs/General Managers shall try to settle the dispute or pretension according to the above mentioned Article.