Partner agreement rushkult

Partner agreement rushkult

RUSHKULT is a sole proprietorship incorporated under Dutch law and registered at the Dutch chamber of commerce under registration number 67744419 and having its registered address at Van Bossestraat 32-3, 1051JZ in Amsterdam in The Netherlands.

If you have any questions regarding the Partner Agreement or our service, I would like to hear from you personally. Contact me at info@rushkult.com.

Heino Maitimu

Founder of RUSKULT

Applicability

1. These Partner Agreements (the Partner Agreements) apply when using the RUSHKULT platform including subdomains as a Partner.
2. The Partner Agreements apply when you use the RUSHKULT platform and extends to all services offered by us.
3. We reserve the right to change the Partner Agreements at any time. By using the RUSHKULT platform you accept the latest version of the Partner Agreements. Deviating terms can only be agreed in writing.
4. Upon request we will sent a copy of these Partner Agreements by email free of charge. The Partner Agreement are also available to read, download and save on www.rushkult.com.
5. If any part of these Partner Agreements is null or void this shall not affect the applicability of the remainder of these Partner Agreements. The part that is null or void shall be replaced by a provision that closely resembles the provision that is null or void.

Types of users RUSHKULT platform

1. You are a user (the User) if you use our RUSHKULT platform.
2. You are a customer (the Customer) if you are a user and you have purchased a service, product or good from a Partner.
3. You are a Partner (the Partner) if you are a user and offer services to other users.

The Platform

1. On the RUSHKULT Website (the Website), www.rushkult.com, you can find, compare and book, travel experiences all over the world (the Service). In using the platform, you can view all offers published by Partners (the Partners), submit requests (the Requests) with the Partners, make a reservation (the Reservation) for such Experience Offers and write reviews. A Reservation placed through the platform forms a binding agreement between you and the Partner if the Partner accepts your Reservation. Requests, however, are non-binding.
2. Users who visit the RUSHKULT platform have the possibility to send Requests. These Requests will be send to our Partners directly. Partners are free to accept or reject any Request, and Partner’s will reply within 24 business hours. Partners have the option to contact the Customer directly through the Website.

Our role in the RUSHKULT platform

1. RUSHKULT is never a party to the final agreement between a Customer and a Partner.
2. We offer a service and nothing else. We connect you to (the content of) the Customers or Partners. Our Services only links to the offering of the Partners. We are not responsible for the accuracy, compliance, copyright, legality, decency, or any other aspect of the content of offered services. While we strive to deliver an optimal user experience, we are under a best effort undertaking only and we consequently deliver our Services “as is” without any guarantee towards the quality if the offered services.
3. We will represent the Customer towards Partners in the case of any complaints and/or questions.
4. We do our best effort to mediate between the Partner and Customer in the case of any conflict between the Partner and Customer.

Conflicts

1. Users should solve conflicts between themselves. RUSHKULT is not a party to any agreement between users. In case of a conflict between users RUSHKULT may offer mediation services to resolve the conflict, but we never have any legal obligation to do so. The use of the RUSHKULT platform is at your own risk.

Terms of use of the RUSHKULT platform

1. You may not:
1. use the RUSHKULT platform for any illegal purposes.
2. upload or share pornographic material;
3. write anything insulting, racist, or hateful;
4. spam other users with commercial or non-commercial services or requests that are not part of the Services;
5. give any misleading or wrong information;
6. spread viruses, malware, spyware or other harmful software;
7. open an account using a name other than your own or pretend to be another person or represent another organisation.
2. Please do:
1. enjoy the Services provided and offered through the RUSHKULT platform;
2. report any abuse by sending an email to info@rushkult.com;
3. keep personal data from other users, whether obtained through the RUSHKULT platform or otherwise, confidential at all times and limit the use for providing the services only. Please refer to our Privacy Policy

Availability of the RUSHKULT platform

1. We will make our best efforts to make the RUSHKULT platform available at all times.
2. We do not guarantee that the RUSHKULT platform is without errors, limitations, bugs or available 24/7. We accept no liability whatsoever for any damages, whether direct or indirect, caused by the RUSHKULT platform being unavailable or due to bugs or errors.
3. We accept no liability for damages caused by erroneous information on the Website.

User Account

1. You have to be at least 18 years of age to create an account.
2. You have to keep your account details and password secret. Use a safe password that consists of letters, symbols and numerals and that is at least 8 characters long. The use of your account is for your own risk. Activity on your account will be attributed to you personally.
3. Please report abuse or if your account is used without your permission as soon as possible and change your password.

Partner Information

1. Information provided by the Partner for inclusion on the platforms shall include information relating to the Partner (including pictures, photos, videos and descriptions), its amenities and services and the experience offers available for reservation, details of the rates (including all applicable taxes, levies, surcharges and fees), (the "Partner Information") and shall comply with formats and standards provided by RUSHKULT.
2. The Partner Information on the Website shall not contain any telephone or fax numbers or email (including skype) address or social media website/app/platform (including twitter and Facebook), with direct references to the Partner or its websites, apps, platform, tools or other devices, or to websites, apps, platform, tools or other devices of third parties.
3. Partners will not share their website address or contact details (such as e-mail addresses or phone numbers), at the RUSHKULT platform or during the booking process. RUSHKULT shall be entitled to remove or edit any information you provide that RUSHKULT believes to be inaccurate or inappropriate. RUSHKULT is authorized to block your access to the service if you are acting in a way that cannot be accepted by RUSHKULT.
4. The contact details of a Partner will automatically be shared by e-mail with the Customer after the confirmation of a booking. The contact details of a Customer will automatically be shared with the Partner after confirmation of a booking.
5. RUSHKULT reserves the right to edit or exclude any information on becoming aware that it is incorrect or incomplete or in violation of the terms and conditions of this Agreement.
6. The Partner represents and covenants that the Partner Information shall at all times be true, accurate and not misleading. The Partner is at all times responsible for a correct and up-to-date statement of the Partner Information, including additional availability of experience offers for certain periods or any extraordinary (material adverse) events or situations (e.g. renovation or construction at or near the facility). The Partner shall update the Partner Information on a daily basis (or such more frequent basis as may be required) and may –at any time– change via the partner login within the RUSHKULT platform (i) the rate of its available experience offers bookable, and (ii) the number or type of available experience offers.
7. The information provided by the Partner for the platforms shall remain the exclusive property of the Partner.

Pricing

1. We offer the Services on the RUSHKULT platform for free.
2. We may decide to add paid services or change the use of free services to paid services. Any change in prices shall be communicated at the earliest possible moment. We will never charge you without notice and you may cancel the use of the RUSHKULT platform immediately in case of a price change without (extra) costs.
3. Prices for paid services are stated RUSHKULT platform.

Commission and Payment

1. RUSHKULT’s shall receive a commission fee for its services, which shall be 12,5% of the total amount received by a Partner for a Confirmed Booking (the Commission). A "Confirmed Booking" means: a Customer has made a Reservation through the RUSHKULT platform and the Partner receives the full payment prior to arrival or at arrival of the Customer at the booked location.
2. RUSHKULT is entitled to change the Commission. RUSHKULT will inform the Partner in writing of such modification. The Partner shall be entitled to remove its Experience Offers and/or its Account if it does not agree with the modified commission.
3. Prices on the platforms are inclusive of VAT, sales tax, charges and all such other (national, governmental, provincial, state, municipal or local) taxes, fees, charges or levies (to the extent that such other taxes, fees and levies can be reasonably calculated upfront without further information).
4. The Partner is responsible to receive the total amount of payment of the Customer, provided that RUSHKULT shall at Partner’s request assist in collecting the payment.
5. The Commission shall be due and payable by the Partner to RUSHKULT within 10 days after the start date of the Experience or after check-in in resort, hotel or cabin by the Customer. RUSHKULT will send an invoice to the Partner via e-mail which can be paid with credit card using PayPal or transferred to the bank account mentioned on the invoice.

Parity and Minimum Allocation

1. The Partner shall give RUSHKULT Rate and Conditions Parity. "Rate and Conditions Parity" means the same or better rates for the same Partner, same services, same experience offer type, same dates, same bed type, same number of Customers, same or better amenities and add-ons (e.g. free breakfast, Wi-Fi, early/late checkout), same or better restrictions and policies such as reservation changes as made available by the Partner.
2. Rate and Conditions Parity does not apply in respect of rates and conditions:

• offered on Offline Channels, provided that these experience offer rates are not Published Online or Marketed Online; and /or
• that are Unpublished, provided that these experience offer rates are not Marketed Online.

1. RUSHKULT shall be entitled to give a discount on the experience offer price or an additional incentive at its own costs to its Users.

Payment and cancellation

If Customers use the services of RUSHKULT and want to make a Request or Reservation, Customers must agree to the payment and cancellation conditions of the Partner.

Right to close your account

1. We reserve the right to (temporarily) deny access to your account or close and delete your account in case of abuse or violation of this Partner Agreement. We accept no liability for damages caused by these actions whatsoever.

Confidentiality and Privacy

1. We shall keep your personal data confidential and in accordance with our Privacy Policy. You can read our Privacy Policy

Booking Request Period

1. If a Booking is requested for your Partner via the Website, you will be required to either confirm or reject the Booking request or offer an alternative offer within the Booking Request Period of 24 hours, otherwise the Booking request will automatically expire. When a Booking is requested via the Website, we will share with you the first name of the Customer who has requested the Booking.

Reservation, Customer Reservation, complaints and Best Price Guarantee

1. When a booking is confirmed between the Provider and the Customer on the Platform, the Partner shall receive a confirmation for every reservation made via RUSHKULT, which confirmation shall include the date of arrival, the number of nights, the experience offer type (including smoking preference (if available)), the experience offer rate, the Customer\'s name, address and such other specific request(s) made by the Customer. RUSHKULT is not responsible for the correctness and completeness of the information provided by Customers.
2. By making a reservation through the platforms a direct contract (and therefore legal relationship) is created solely between the Partner and the Customer (the "Customer Reservation").
3. The Partner is bound to accept a Customer as its contractual party, and to handle the online reservation in compliance with the Partner Information (including rate) contained on the platforms at the time the reservation was made and the reservation confirmation, including any supplementary information and/or wishes made known by the Customer.
4. Other than the fees, extra\'s and (sur-)charges as set out in the confirmed booking, the Partner shall not charge the customer any transaction/administration fee or charge for the use of any payment method (e.g. credit card charge).
5. Complaints or claims in respect of (the products or service offered, rendered or provided by) the Partner or specific requests made by Customers are to be dealt with by the Partner, without mediation by or interference of RUSHKULT. RUSHKULT is not responsible for and disclaims any liability in respect of such claims from the Customers. RUSHKULT may at all times and at its sole discretion (a) offer customer (support) services to a Customer, (b) act as intermediate between the Partner and a Customer, (c) provide -at the costs and expenses of the Partner- alternative Partner of an equal or better standard in the event of an overbooking or other material irregularities or complaints in respect of the Partner, or (d) otherwise assist a Customer in its communication with or actions against the Partner.
6. In the event of a valid claim of a Customer under the Best Price Guarantee, RUSHKULT shall insofar it is entitled to Rate and Conditions Parity promptly notify the Partner of such claim and provide the Partner with the relevant details of the claim. Insofar as RUSHKULT is entitled to Rate and Conditions Parity, the Partner shall immediately adjust –to the extent applicable– the rate(s) made available at the RUSHKULT Platform such that the lower rate is available for further booking(s). Furthermore, the Partner shall immediately adjust the rate in the reservation made by the relevant Customer in its administration. Upon check out of the Customer, the Partner shall offer the experience offer for the lower rate and shall either (i) settle the difference between the booked rate and the lower rate by charging the Customer for the lower rate, or (ii) refund (in cash) to the Customer the difference between the two rates.

Overbooking and cancellation

1. The Partner shall provide the experience offers booked and in the event that the Partner is not able to meet its obligations under this Agreement for any reason whatsoever, the Partner shall promptly inform RUSHKULT via Customer Service (partners@rushkult.com; whereas the subject line of each email shall state "overbooking"). Unless RUSHKULT has arranged for alternative Partner (to be verified by the Partner with RUSHKULT), the Partner will use its best endeavours to procure alternative arrangements of equal or superior quality at the expense of the Partner and in the event that no Experience offer is available on arrival, the Partner will:
1. find suitable alternative Partner of an equal or better standard to the Partner holding the Customer‘s guaranteed booking;
2. provide free private transportation to the alternative Partner for the Customer and other members of the Customer’s party who are listed in the Customer’s guaranteed booking, and
3. reimburse and compensate RUSHKULT and/or the Customer for all reasonable costs and expenses (e.g. costs alternative Partner, transportation, telephone costs) made, suffered, paid or incurred by the Customer and/or RUSHKULT due to or caused by the overbooking. Any amount charged by RUSHKULT in this respect shall be paid within 14 days after receipt of the invoice.
2. The Partner is not allowed to cancel any online reservation.
3. Cancellations made by Customers before the time and date beyond which a cancellation fee applies will not attract commission. Cancellations made by Customers after the time and date beyond which a cancellation fee applies will attract commission in accordance with the terms of this Agreement.

Customer Reviews

1. Customers which have stayed at the Partner will be asked by RUSHKULT to comment on their stay at the Partner and to provide a score for certain aspects of their stay.
2. RUSHKULT reserves the right to post these comments and scores on the platforms. The Partner acknowledges that RUSHKULT is a distributor (without any obligation to verify) and not a publisher of these comments.
3. RUSHKULT undertakes to use its best efforts to monitor and review Customer reviews in respect of obscenities or the mention of an individual’s name. RUSHKULT reserves the right to refuse, edit or remove unfavourable reviews in the event that such reviews include obscenities or mention an individual’s name.
4. RUSHKULT will not enter into any discussion, negotiation or correspondence with the Partner in respect of (the content of, or consequences of the publication or distribution of) the Customer reviews.
5. RUSHKULT shall not have and disclaims any liability and responsibility for the content and consequences of (the publication or distribution of) any comments or reviews howsoever or whatsoever.
6. The Customer reviews are for exclusive use by RUSHKULT and can be made available on such platforms as from time to time made available to by RUSHKULT. RUSHKULT exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) the Customer reviews and the Partner is not entitled to (directly or indirectly) publish, market, promote, copy, scrape, (hyper-/deep)link to, integrate, obtain, utilize, combine, share or otherwise use the Customer reviews without prior written approval of RUSHKULT.

(Online) Marketing and PPC Advertising

1. RUSHKULT is entitled to promote the Partner using the Partner’s name(s) in online marketing, including email marketing and/or pay-per-click (PPC) advertising. RUSHKULT runs online marketing campaigns at its own costs and discretion.
2. The Partner agrees not to use, display, benefit from, include, utilize, refer to or specifically target the RUSHKULT brand/logo (including trade name, trade mark, service mark or other similar indicia of identity or source) whether directly through keyword purchases that use RUSHKULT\'s Intellectual Property Rights, for price comparison purposes or any other purposes (whether on the Partner platform or any third party platform, system or engine or otherwise), unless approved in writing by RUSHKULT.

Liability

1. The use of the RUSHKULT platform is at your own risk. Except in case of gross negligence or wilful misconduct from our side, we will not be liable to you (or to any third party) for any damages arising out of the use of the Services or the RUSHKULT platform whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not we have been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. We do not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Services or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service. In the event we are liable for damage under mandatory law, our aggregate liability to you for any and all claims arising out of or in connection with the use of the Services will in no event exceed the booking value per incident per incident.

Indemnity

1. By using the RUSHKULT platform you indemnify us from any claims, liabilities damages, losses and expenses from third parties arising out of the use of the RUSHKULT platform or the Services.

Intellectual property

1. All trademark rights, copyright, database rights and any other intellectual property rights of any nature vesting in the RUSHKULT platform together with the underlying software code, are exclusively owned by RUSHKULT.
2. RUSHKULT hereby grants you a worldwide, non-exclusive, non-transferrable, royalty-free and revocable license to use the RUSHKULT platform for personal use in accordance with these General Terms.
3. By using our RUSHKULT platform you give us a, non-exclusive, royalty-free, transferrable and worldwide licence to use any content you upload on the RUSHKULT platform.
4. RUSHKULT may sublicense, make available, disclose and offer the Partner Information (including the relevant Intellectual Property Rights) of the Partner and special offers made available by the Partner on the platforms and all such further rights and licenses set out in this Agreement via or in collaboration with (the websites, apps, platform, tools or other devices of) affiliated companies and/or third parties (the "Third Party Platforms").
5. In no event shall RUSHKULT be liable to the Partner for any acts or omissions on the part of any Third Party Platforms. The sole remedy for the Partner in respect of such Third Party Platforms is (i) to request RUSHKULT (which has the right and not the obligation) to disable and disconnect with such Third Party Platform, or (ii) termination of this Agreement, all in accordance with the terms of this Agreement.
6. By using the RUSHKULT platform and uploading content you declare that:
• you are the sole and exclusive proprietor of that content, or
• you have obtained all necessary licenses, consents, permissions or waivers to upload the content.

Governing law

1. Dutch Law

Conflict resolution

1. All disputes arising out of or in connection with this Partner Agreement and all agreements between you and RUSHKULT shall be exclusively submitted to the competent court of Amsterdam in the Netherlands.

RUSHKULT

Van Bossestraat 32-3

1051 JZ, Amsterdam

The Netherlands

www.rushkult.com

Last updated: October 7th, 2017