Loading and Display of Rates and Information. a. Property Information; Decolar API. Decolar shall, or shall cause the relevant Affiliate of Decolar to, provide Expedia with access through the Decolar API to all Decolar Travel Products displayed or made available by Decolar or its Affiliates on any Travel Solution owned or operated by or on behalf of such party, or to any Decolar Party through the Decolar API (whether such Travel Products are offered in connection with a Standalone Booking, a Package Booking or otherwise) for Properties located in the Decolar Territory for use in all Expedia Travel Solutions. Supplier agrees to make available through the Decolar API all relevant, including the most up-to-date, information relating to such Property’s Rate Plans, availability, applicable Tax rates, Hotel Fees, Property and Room Information, cancellation and no show policies. To the extent such Property and Room Information is provided to Decolar by the Property and is then provided to Expedia unmodified by Decolar (other than to correct minor actual mistakes in such information provided by the Property), such information is provided by Decolar “as is”, and Decolar does not make any warranties, expressed, implead or otherwise, regarding the accuracy, completeness or performance of the Hotel Information; notwithstanding, if the Property and Room Information provided by the Property is inaccurate, incomplete or incorrect, and the customer initiates a complaint, Decolar will make best efforts to liaise with the Property to ensure the Property (i) corrects the information uploaded, and (ii) is responsible for, and covers, any damages that the inaccurate information may have caused the affected guests. Any complaints received by Expedia from guests, will be subject to the Procedure set forth in Section E.3.d. Expedia acknowledges that the Property is responsible for the accuracy of all facts and information related to or provided by Supplier to Expedia via Decolar API to the extent Decolar has not modified (other than to correct minor actual mistakes in such information provided by the Property), such information from the original form in which it was received by Decolar from the Property. Notwithstanding anything to the contrary contained herein, in no event will Expedia be responsible for, or otherwise required to pay to Decolar or any Property, any amounts, whether in the form of EC Remittance or otherwise, in excess of the Rate Plan or Room Price (reduced by the amount of any Compensation, Taxes and/or other amounts Expedia is entitled to retain hereunder) provided to Expedia through the Decolar API unless expressly provided in this Agreement. *** Represents material which has been redacted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, as amended.
Appears in 2 contracts
Sources: Outsourcing Agreements, Decolar Lodging Outsourcing Agreement