Travel agent rental terms and conditions
Travel Agents Partnership Terms & Conditions
Le Collectionist, a simplified joint stock company (société par actions simplifiée) under French Law with capital of €1.024.029,70, registered with the Paris Trade and Companies Registry under number 789 370 152, whose registered office is located at 65 rue de la Victoire, 75009 Paris, whose VAT number is FR95789370152, registered with the ATOUT France Registry under number IMIM075240001 (hereinafter "Le Collectionist" or “Collectionist”) runs a website offering travelers to rent furnished luxury properties on a seasonal basis (hereinafter the "Seasonal Rental" or the "Service").
Financial Guarantee: APST, 15 AVENUE CARNOT, 75017 PARIS, France
Professional Liability Insurance: HISCOX SA - 12, QUAI DES QUEYRIES CS 41 177- 33072 BORDEAUX CEDEX FRANCE
The travel agent (hereinafter the “Travel Agent”) has reached Le Collectionist in order to book Services for his end customers hereinafter (the “Guest(s)”).
The following Terms & Conditions (hereinafter the "T&Cs") define the conditions applicable to their partnership, in addition with the General Terms and Conditions of Sale (hereinafter the "GTCS") applicable to Rentals and Services booked by a Travel Agent for a Guest, that the Travel Agent undertakes to communicate to the Guest prior to any reservation and available at any time on the website : https://www.lecollectionist.com/en (hereinafter the “Public Website”).
Any failure by the Travel Agent to accept the T&Cs will result in the impossibility of realizing a booking.
Le Collectionist and the Travel Agent can hereinafter be collectively referred to as the “Parties” or individually a/the “Party”.
1. BOOKING CONDITIONS
Travel Agents benefits from a dedicated space on the Public Website in order to preview the properties and find information regarding the applicable commission. They can also generate documents they can share with Guests through the feature www.privatevillapreview.com, also accessible on their dedicated space on the Public Website.
Travel Agents may submit requests for information/availability regarding one or more properties by completing the form available on the Public Website, by contacting directly a Le Collectionist customer advisor or by proceeding with a paid booking option, subject to confirmation, on the Public Website.
They will then be put in contact with a customer advisor to finalize their reservation following the process described in Article 3.3 of the GTCS.
2. COMMISSION
The rental price indicated on the dedicated Travel Agent space of the Public Website includes a variable commission for Travel Agents, for all bookings of 20 000€ and above, except stated otherwise.
Only requests explicitly submitted to Le Collectionist and its customer advisors will be granted commission in the eventuality of a booking.
No commission will be paid by Le Collectionist to Travel Agents should the booking request from Travel Agents be made following the same Guest direct booking request to Le Collectionist.
All Guests sending reservation requests directly to Le Collectionist after the Travel Agent request will be invited to get in touch with the Travel Agent to follow on the reservation process and Le Collectionist will be paying a commission to the Travel Agent in that case.
Unless otherwise agreed between the Parties, commission will only be granted on the rental price of a property, excluding additional services.
Before accessing the conciergerie service, the Travel Agent undertakes to choose one of the options below regarding the potential booking of additional services through Le Collectionist conciergerie for the Guest :
Bookings through the Travel Agent with white label and agent rate ;
Bookings through the Travel Agent with Le Collectionist label and net rate ;
Direct bookings by the Guest with Le Collectionist label and net rate ;
Direct bookings by the Guest with Le Collectionist label and agent rate.
In case of “agent rate”, Le Collectionist will grant the Travel Agent retro-commission equivalent to the amount initially agreed between the Travel Agent and Le Collectionist conciergerie service prior to proceeding to any additional service reservation.
The commission will be granted by Le Collectionist upon receipt of a proper invoice from the Travel Agent sent after complete payment of the booking by the Travel Agent. In certain cases, if previously agreed by Le Collectionist, the Travel Agent can subtract his commission from the booking amount and thus have a booking price known as “Net Le Collectionist”.
3. NON SOLICITATION
The Travel Agent undertakes not to directly or indirectly solicit or have communication with any of the owners that Le Collectionist represents and may not work independently with the owners or Le Collectionist local managers for as long as the Travel Agent works with Le Collectionist.
The Travel Agent also agrees not to contact or create a professional relationship with any of the property owners or local managers for a period of five (5) full years after the last booking made by the Travel Agent with Le Collectionist.
The Travel Agent hereby guarantees that its employees, representatives and shareholders shall comply with this obligation.
In the event of a breach of this obligation, the Travel Agent shall pay to Le Collectionist a fixed penalty of thirty thousand (30,000) Euros per Client or owner of a property that it shall have poached. This penalty will fully compensate Le Collectionist for the entire damage incurred.
Le Collectionist agrees not to contact any Guest who booked through the Travel Agent for a period of three (3) full years after the end of the first booking made with Le Collectionist.
Le Collectionist hereby guarantees that its employees, representatives and shareholders shall comply with this obligation.
Should any of the Guests who booked through the Travel Agents were to contact directly Le Collectionist after the end of a booking, Le Collectionist will inform the Travel Agent and will keep paying him a regular commission for a period of three (3) full years after the end of the first booking.
4. CONFIDENTIALITY
Each Party undertakes not to disclose the confidential commercial information or trade secrets of the other Party to third parties or to use them other than for the proper performance of Services.
The following shall be deemed to constitute confidential information:
the provisions of these T&C’s;
any information concerning the owners of the Properties and the Guests (this information is
particularly confidential, given the type of clients of Le Collectionist and of the Travel Agent);any information concerning the commercial transactions of Le Collectionist and The Travel Agent
any information concerning the clients and prospective clients of Le Collectionist;
any information concerning the clients and prospective clients of the Travel Agent;
any information concerning the owners of Le Collectionist;
any information concerning the properties of Le Collectionist;
any information concerning the know-how, the strategy, the methods and the technologies of Le Collectionist and The Travel Agent;
any other information that is expressly presented as confidential by either Party
(together the “Confidential Information”).
Each Party undertakes to take all necessary measures to preserve and to protect the Confidential Information that is in its possession and to prevent a disclosure of the Confidential Information by its employees, servants and agents.
This confidentiality obligation shall remain in force during the entire duration of the partnership between the Travel Agent and Le Collectionist and for a period of ten (10) full years after the last booking made by the Travel Agent with Le Collectionist.
This confidentiality obligation shall not apply to information that the recipient Party can prove:
- became accessible to members of the public before its communication or disclosure to that Party by the disclosing Party;
- fell into the public domain after its disclosure or communication under this Agreement, other than pursuant to a violation of the provisions of this Agreement;
- was disclosed by the disclosing Party to another person without imposing any restrictions upon the latter; or
- was developed independently by the Party that received it, without resorting or referring to the Confidential Information
The Parties agree that the foregoing provisions are of particular importance, in light of the type of clients that Le Collectionist and the Travel Agent deal with (high net worth individuals who wish to preserve their privacy or their anonymity). Therefore, in the event of a breach of the provisions of this article, the disclosing Party shall pay to the recipient Party a fixed penalty of fifteen thousand (15,000) Euros, notwithstanding any remedies that the disclosing Party may have to secure full compensation for the entire damage incurred if it is significantly higher than the amount covered by this penalty clause.
5. INTELLECTUAL PROPERTY RIGHTS
The Travel Agent acknowledges that the pictures are the exclusive property of Le Collectionist. Le Collectionist does not allow the Travel Agent to use the pictures on any public support. For any right to use or reproduce the pictures in any way, The Travel Agent needs to receive written approval from Le Collectionist and to mention any copyright requested by Le Collectionist.
Le Collectionist does not allow the Travel Agent to distribute and promote its private rental properties on any support other than the documents featured through www.privatevillapreview.com. The Travel Agent can exceptionally be authorized by Le Collectionist with written confirmation to use the pictures and the properties information in order to be distributed on some determined support only.
Le Collectionist will then give the authorization to the Travel Agent and will give access to the picture database and to it’s API for the Travel Agent to connect prices, information and availability calendars.
Le Collectionist does not allow the Travel Agent to promote its properties on OTA (Online Travel Agencies), including, but not limited to Expedia group, Priceline Group, TripAdvisor, Airbnb, Home Away).
In the event of a breach of this obligation, the Travel Agent shall pay to Le Collectionist a fixed penalty of thirty thousand (30,000) Euros per client or owner of a property that it shall have poached, notwithstanding any remedies that Le Collectionist may have to secure full compensation for the entire damage incurred if it is significantly higher than the amount covered by this penalty clause. The abovementioned penalty won’t be applied if the Travel Agent shows that he was already entered into a partnership with the said client or owner, nor if the owner was the one who initiated the contact with the Travel Agent.
6. ENTIRE AGREEMENT
These T&C’s express the entirety of the obligations of the Parties; consequently, these T&C’s cancel and replace all previous documents, agreements or practices, whether oral or written, between the Parties and intended for the same purposes.
7. APPLICABLE LAW AND JURISDICTION
These T&C’s and the partnership between the Travel Agent and Le Collectionist shall always be governed by French law and the French courts shall have exclusive jurisdiction, even if the Travel Agent and/or the Guest are located in another country.