Booking Terms and Conditions Agreement
Last Updated: February 18th 2022
I (the “Tour Operator”), agree to enter into THIS AGREEMENT with
BE ALIV LIMITED, a company incorporated under the laws of the Commonwealth of The Bahamas with registered office at GTC Corporate Services Limited, Sassoon House, Shirley Street and Victoria Avenue in the city of Nassau, The Bahamas and principal place of business at Holy Cross Administration Center, Petersfield Road, off Soldier Road, Nassau, The Bahamas ( “Aliv”)
In furtherance of the Agreement thereof, Aliv and the Tour Operator agree as follows:
WHEREAS:
Aliv is a telecommunications provider and operator of a mobile telecommunications network who offers mobile products, services and solutions to individual and corporate customers. Aliv has developed and owns a mobile application called and known as the “Discover” app for use by its customers for wayfinding and augmented reality experiences around top cultural and heritage sites on New Providence, Bahamas.
The Tour Operator operates a tour concierge service and booking platform for local tour excursions and experiences.
Aliv and the Tour Operator have agreed to partner for the purpose of allowing end users of Aliv on the Discover app to make reservations and book tours with the Tour Operator through the Discover app.
1. Services
Aliv shall provide marketing and technology services through the Aliv Discover App that will facilitate the transmission of reservation information to the Tour Operator for reservation, processing, and support and for fulfillment and customer service to end users booking tours through the Aliv Discover App. Aliv’s shall transmit the Tour Operator reservation and payment information from end users. Aliv shall have no obligation to verify ender users’ payment information upon collecting or transmitting such information through the Aliv Discover App.
2. Obligations of Tour Operator
The Tour Operator must maintain an active relationship with the technology company approved by Aliv. The Tour Operator will also be soley responsible for all costs associated with the technology company and the provision of Feeds to Aliv. The Tour Operator agrees to provide customer service for reservations originating from the Aliv Discover app in accordance with an acceptable level of customer service, and not to disparage Aliv or its products or services to customers. The Tour Operator must formulate and submit a written customer care policy to Aliv for display on the Aliv Discover App. The Tour Operator will be solely responsible for any liability to end users to comply with the Tour Operator’s posted Customer Care Policy.
Upon receiving the reservation and payment information from Aliv, the Tour Operator shall process the end user’s payment information in compliance with the rules, regulations, bylaws and other guidance of the Central Bank of the Bahamas.
3. Commission and Payments
3.1 The Commission for each reservation paid to Aliv will be calculated as follows:
Commission Rate of 20% of the Total Base Rate of all reservations made with the Tour Operator via the Aliv Discover app.
3.2 Commission Rates will be valid for one (1) year from the date the Tour Operator provides Listings to Aliv for the Aliv Discover app, after which Aliv may, in its sole discretion, modify the Commission Rates upon notice to the Tour Operator.
4. Payments.
4.1 The Tour Operator represents and warrants that its payment processing practices comply with all applicable legal requirements during the Term. During the Term, each party agrees to maintain security procedures to protect end user’s cardholder data.
4.2 Each party agrees to notify the other party’s authorized representative as soon as reasonably possible in the event of unauthorized release of cardholder data, once the party has determined that a breach has occurred.
