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EXPEDIA TRAVEL AGENT AFFILIATION AGREEMENT Welcome to ...

EXPEDIA TRAVEL AGENT AFFILIATION AGREEMENT Welcome to ...

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Affiliate Account or Affiliate Tracking Code (whether including use or input of any user ID, password or Affiliate<br />

Tracking Code, and whether at login, or commencement of any user session resulting in a transaction, or at any user<br />

prompt or authentication request) shall be deemed <strong>to</strong> be authenticated as a secure electronic signature (being deemed as<br />

your signature affixed by you with the intention of signing or approving the agreement, arrangement, Transaction or<br />

record submitted) and you agree that Expedia will be entitled <strong>to</strong> any legal recognition and evidential advantage accorded<br />

<strong>to</strong> such electronic signature under any applicable local law that would apply but for the parties‟ agreement and choice of<br />

law in section K, part 1.<br />

4. Cus<strong>to</strong>mer Contracts. Prior <strong>to</strong> the completion of a Transaction, Affiliate shall: (i) make clear <strong>to</strong> Cus<strong>to</strong>mers<br />

that the applicable travel service provider provides the travel service directly <strong>to</strong> the Cus<strong>to</strong>mer and shall not display or<br />

make any statement which expressly or by implication contradicts this proposition; (ii) make clear <strong>to</strong> the Cus<strong>to</strong>mer that<br />

any fee charged by Affiliate for facilitating the Transaction (the “Booking Fee”) is charged by and payable <strong>to</strong> Affiliate<br />

and not Expedia; (iii) communicate <strong>to</strong> Cus<strong>to</strong>mer and obtain evidence that the Cus<strong>to</strong>mer has read and accepts the Terms<br />

of Use applicable <strong>to</strong> Cus<strong>to</strong>mer, the Privacy Policy, and any other terms and conditions applicable <strong>to</strong> such Transaction<br />

(the “Terms”) as set forth in a Booking Form; (iv) communicate fully and accurately <strong>to</strong> the Cus<strong>to</strong>mer the description of<br />

the travel services <strong>to</strong> which the Transaction relates as made available on the Website; (v) communicate fully and<br />

accurately <strong>to</strong> the Cus<strong>to</strong>mer any limitations or restrictions relating <strong>to</strong> the relevant travel services including, without<br />

limitation, whether cancellations or changes are permitted and the consequences of same; (vi) ensure that Cus<strong>to</strong>mer<br />

signs the Booking Form (vii) ensure that the Cus<strong>to</strong>mer has sufficient funds available <strong>to</strong> cover the Transaction cost, (viii)<br />

ensure that the tick in the pre-selected travel insurance option in the booking path has been removed so that travel<br />

insurance is not supplied <strong>to</strong> the Cus<strong>to</strong>mer as part of the Transaction; and (ix) refrain from including in any document,<br />

pamphlet, picture, advertisement or literature relating <strong>to</strong> any sightseeing or shopping <strong>to</strong>urs or services offered by the<br />

Affiliate which is either false or misleading. Affiliate shall ensure the security of the signed Booking Form for at least<br />

seven (7) years after the date on which the Transaction is made and must provide Expedia with a copy of the same upon<br />

request. Affiliate undertakes not <strong>to</strong> make any verbal or written assurances <strong>to</strong> a Cus<strong>to</strong>mer which are additional <strong>to</strong> or<br />

contradict the Terms, including without limitation by promising that any special requests will be met. Affiliate shall be<br />

solely responsible and liable in respect of any representations, or special request confirmed or made <strong>to</strong> the Cus<strong>to</strong>mer<br />

whether or not made without Expedia‟s prior written authorization and approval.<br />

4A. Monies collected from Cus<strong>to</strong>mers. To the extent that the Affiliate is entitled <strong>to</strong> collect any money from<br />

Cus<strong>to</strong>mers for and on behalf of Expedia (as provided for under the terms of this Agreement and Expedia‟s terms and<br />

conditions of sale as available from time <strong>to</strong> time on the Website), the Affiliate shall hold such monies on trust and<br />

account the same <strong>to</strong> Expedia in accordance with such terms and conditions as may apply.<br />

5. Cus<strong>to</strong>mer Communications and Complaints. Affiliate shall within twenty four (24) hours of receipt: (i)<br />

provide <strong>to</strong> Cus<strong>to</strong>mer, without modification or deletion, all information received from Expedia relating <strong>to</strong> a Transaction<br />

(e.g., Expedia‟s booking confirmation emails and other cus<strong>to</strong>mer support communications); and (ii) provide <strong>to</strong> Expedia<br />

without modification or deletion all communications relating <strong>to</strong> a Transaction (e.g., further booking requests and other<br />

cus<strong>to</strong>mer service inquiries) or complaints (including any complaint <strong>to</strong> fair trading body or any other regula<strong>to</strong>ry trade<br />

body) received from Cus<strong>to</strong>mer. In particular, Affiliate shall inform Cus<strong>to</strong>mers of any obligation <strong>to</strong> pay cancellation or<br />

amendment charges where that Cus<strong>to</strong>mer requests the cancellation or amendment of the Transaction. Affiliate will be<br />

solely liable for any variation between the cancellation policies provided <strong>to</strong> Affiliate by Expedia and those that are<br />

communicated by Affiliate <strong>to</strong> Cus<strong>to</strong>mer. Affiliate shall notify Expedia within three (3) days of Affiliate‟s receipt of any<br />

Cus<strong>to</strong>mer formal complaint, claim or action regarding a Transaction. Affiliate acknowledges and agrees that Expedia<br />

shall have the right <strong>to</strong> attempt <strong>to</strong> settle any such formal complaint, claim or action directly with the Cus<strong>to</strong>mer. If<br />

Expedia attempts such a settlement Affiliate shall provide Expedia with reasonable information and assistance, at<br />

Expedia‟s expense, <strong>to</strong> help Expedia <strong>to</strong> reach settlement and Affiliate shall refrain from taking any other action in respect<br />

of the relevant formal complaint, claim or action unless required <strong>to</strong> do so by law. If Expedia is able <strong>to</strong> reach a<br />

settlement, Affiliate shall cooperate fully in finalising such settlement including, without limitation, executing any<br />

documents which Expedia reasonably deems necessary for such purpose. Affiliate acknowledges and agrees that<br />

Expedia shall have no liability <strong>to</strong> Affiliate in respect of any formal complaint, claim or action regarding a Transaction<br />

where Affiliate does not act in accordance with this Clause A5.<br />

6. Cus<strong>to</strong>mer Incentives. Affiliate acknowledges and agrees that any and all incentives offered by Expedia or its<br />

suppliers for the benefit of Cus<strong>to</strong>mers (the “Cus<strong>to</strong>mer Incentives”) shall be passed on in full <strong>to</strong> such Cus<strong>to</strong>mers and the<br />

Affiliate shall not be entitled <strong>to</strong> take advantage of such Cus<strong>to</strong>mer Incentives for the Affiliate‟s own use and enjoyment.<br />

Cus<strong>to</strong>mer Incentives include but shall not be limited <strong>to</strong>: Nectar points, frequent flyer miles or any promotional voucher<br />

Standard Expedia Singapore Travel Agent Affiliation Agreement 12-11 Expedia Confidential<br />

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