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COOPERATION AGREEMENT
I - Identification of the parties :
These general conditions of sale are considered as a contract concluded between "Capsim Tourisme" and the Supplier (Car Hire):
"Booking. Capsim", is a Platform of the company CAPSIM TOURISME SARL located at Bd. 20 August, Commercial Gallery Les Omayades, seaside sector, Agadir, Morocco.
R.C: 9515, Patent: 48350063, IF: 06903493 CNSS: 6617552 ICE: 001656395000058
Hereinafter referred to as "Booking. Capsim".
It is agreed as follows:
Hereinafter referred to as "Car Rental Agency".
In this contract, unless otherwise specified, the terms mentioned shall have the following meaning:
"Car Rental Agency" refers to the operator of a car park for temporary rental. "Customer" is the natural or legal person who makes a reservation through the website www.capsimtourisme.com.
II - Terms of the contract:
1 - Purpose
"Booking. Capsim" is a real-time (online) reservation center.
This contract defines the principles of collaboration and partnership between the two parties. This collaboration provides that Capsim Tourism provides its service of promotion and marketing of the agency through its website, on the search engines google, yahoo, bing and the pages of social networks (Facebook, tweeter, Viadeo, etc.) dedicated to the development of tourism in Morocco.
2 - Membership
Any agency may apply for membership on the www.capsimtourisme.com website. However, reserves the right to refuse any membership that it deems not to comply with the profession's code of ethics.
3 - Duration of the Contract
This non-exclusive collaboration agreement is concluded for an indefinite period.
3-2 Termination
Each of the two parties may terminate the collaboration contract at any time, without notice, by registered letter with acknowledgment of receipt.
In the event of termination, any reservation previously confirmed by the platform must be honored by the agency.
4 - Commitment of "Booking.capsim".
As part of its development program, "Booking. Capsim" allows any contracting agency to market its availability on the website, in order to benefit from a wider customer base, in return for a percentage on booking.
"Booking.capsim" is committed to implementing all means of web marketing to ensure the effective marketing of cars and reserves the right to terminate this contract for any agency that does not meet the satisfaction of its customers without notice. In this case, a notice of termination will be sent in accordance with article 3-2.
5 - Commitment of the agency
5-1 The agency will have to feed its ExtraNet space 'web form' with information (texts, list of its services, photos, prices),
5-2 The agency is committed to the truth and accuracy of the information put online. All decisive data on the establishment, the price and the service provided are considered as such.
"Booking.capsim" declines any responsibility for information indexed by the agency on its customer area ExtraNet.
5-3 The agency is responsible for updating its schedule (availability and prices) in the extranet space (Username & Password) which are assigned by "Booking.capsim" upon signing this contract.
5-4 The agency undertakes to respond on its possibilities within 30 minutes, from receipt of the email of the booking request.
5-6 If for any reason the agency is unable to honor a reservation made on "Booking. Capsim", it will have to find an alternative for the customer to benefit from the same booked service.
5-7 The agency is obliged to respect the rates indicated on the confirmation of any booking made on "Booking. Capsim".
6 - Limitation of liability
"Booking. Capsim" undertakes to implement all means at its disposal and to perform all possible diligence in the execution of its services under this contract. When a reservation is made on "Booking. Capsim", the contract will be concluded between the customer and the agency. "Booking. Capsim" can in no way be considered as a party to this contract. "Booking. Capsim" is exclusively responsible as a distribution agent and cannot be held liable for any shortcomings of the agency in connection with the execution of the contract with the customer.
7- Confidentiality
Each party undertakes not to disclose to any other third party any information relating to the principle of this collaboration agreement, as well as any other information concerning the activity, marketing, know-how or organization of the other party.
8- Rates
The agency undertakes to provide on "Booking. Capsim" these best rates, promotions, and offers. These rates can in no case be higher than the public or promotional rates applied by the agency, or by any other distribution channel (Internet, Travel Agencies, TO, DMC, etc.).
9- Reservations
9-1 The customer reserves via "Booking.Capsim" according to the availability informed by the agency in the planning of its availability.
9-2 At the time of the reservation, several methods of payment are proposed to the customers. "Booking. Capsim" must charge 20% of the total amount of the reservation whatever the change that there may be. The remaining balance of the rental is paid on the spot by the customer at the time of taking the key.
10 - Modification of reservation
The customer will have a customer area that will allow him/her to make changes to his/her initial reservation. The conditions of changes granted by the agency on his extranet will be applied.
11 - Cancellation of a reservation
In case of cancellation of a reservation made on "Booking. Capsim", the cancellation conditions provided by the agency are communicated to the customer upon confirmation in the voucher will be applied.
12 - Applicable Rights - Jurisdiction
These clauses are subject to Moroccan law. In the event of a dispute relating to the interpretation, execution or breach of this agreement, the parties undertake to reach an amicable agreement. In the absence of conciliation, the dispute shall be subject to the exclusive jurisdiction of the Moroccan courts.
