Terms and Conditions

The following terms and conditions represent an agreement between you (Operator) and Rainbow Tourism International Pty Ltd. (RainbowTourism.com).

Introduction

RainbowTourism.com operates an online promotion and booking service for tourism operators. In agreeing to promote and market the Operator in its niche markets, RainbowTourism.com does so as a commissionable agent of the Operator.

The Operator carries on a tourism business, such as accommodation or tours.

Term

This agreement is valid from commencement date for one year. Upon expiry of the original term, either party can terminate the agreement with one month’s notice or extend it for another term. If no action is taken the contract will continue indefinitely.

General Obligations of RainbowTourism.com

RainbowTourism.com agrees to display details, as authorized and approved by the Operator, on the website, rainbowtourism.com, during the term of the agreement.

RainbowTourism.com agrees to actively and continually promote the business on the website and in related print and online media.

General Obligations of Operator

A. Operator agrees that during the term of the agreement it shall pay a commission fee of 10% of the value of the booking payable after the guest has used the services of the operator.

B. The Operator will provide current information, images and prices to be displayed on the RainbowTourism.com website. There is no fee for updating this information during the term of the agreement. RainbowTourism.com will edit this information from Operator’s own website, if up to date.

C. The Operator will promptly, helpfully and efficiently deal with all enquiries from customers that are forwarded from RainbowTourism.com.

D. The Operator will reply within 24 hours to RainbowTourism.com with availability when a reservation is sent on request.

E. A booking once initiated in the RainbowTourism.com booking system will be commissionable even when the consumer subsequently contacts the operator in respect of the booking. In the event of a dispute the time and date stamp in the RainbowTourism.com booking system will be the accepted initiation time of the booking.

Commission Fee

RainbowTourism.com will charge 10% commission on the value of all bookings completed and cancellation fees processed for bookings through the RainbowTourism.com booking service.

Cancellation Policy

The Operator will display the terms of its cancellation policy offered to customers on the RainbowTourism.com website listing for the business.

Variations to the Booking System

The Operator acknowledges that RainbowTourism.com has the right to add or change aspects of the booking system for improved functionality and to change general information on the website at any time and without notice to the Operator.

Use of RTA and GOO Logo

The Operator agrees to display the Rainbow Tourism Accredited (RTA) or Gay Owned & Operated (GOO) logo next to its listing, as appropriate. The RTA status is mandatory for mainstream operators listed on the RainbowTourism.com website and listed in its related promotions.

Indemnity

The Operator indemnifies RainbowTourism.com against all claims, liabilities, loss of profit and consequential losses arising from Operator’s breach of this agreement or of any express or implied warranty, from any error or misdescription of information provided by Operator to RainbowTourism.com, the availability of accommodation or tours, use of information provided by Operator which breaches the intellectual property rights of any third party, or losses suffered by a customer as a result of undertaking a tour operated by Operator.

Termination and Default

RainbowTourism.com may terminate this agreement immediately without giving any notice to Operator if RainbowTourism.com is of the opinion that the performance of Operator’s obligation under this agreement is not satisfactory and if it learns that a customer has been unfairly discriminated against during a stay at Operator’s accommodation or on Operator’s tour.

RainbowTourism.com may also terminate this agreement if in the opinion of RainbowTourism.com the operator’s quality standards are not satisfactory and may harm the reputation of RainbowTourism.com.

When a contract is terminated, the Operator is still liable for commissions owed RainbowTourism.com for confirmed bookings.

Governing Law

The laws of New South Wales, where RainbowTourism.com is a registered corporation and located in Sydney, shall govern this agreement.

Executed as an agreement on the date of application. The application can be submitted online, by email, by fax or by mail.

For online applications

No signed copy is required as the submission of an online application implies acceptance of these terms and conditions.

Each party that signs below acknowledges that this document constitutes the entire agreement between them and that any other communication required be given in writing to the other party.

For mail or fax applications only

Each party that signs below acknowledges that this document constitutes the entire agreement between them and that any other communication required be given in writing to the other party.

Executed as an agreement on this date________________

Signed by RainbowTourism.com authorized officer ______________________________

Rainbow Tourism International
ABN 66 113 536 557
PO Box 884
Surry Hills 2010 NSW
Australia
Fax: +61-2-8221-9748

Signed by Operator authorized officer ___________________________

Print Name

ABN (if an Australian business)
Print Address

Witnessed by: __________________ Date: _______________________
Print Name

Terms and conditions as at 24 February 2008.

History of changes to Terms and Conditions

New clause to clarify where a customer contacts an operator directly after submitting a booking on RainbowTourism.com. Added to the General Obligations of Operator Clause E. - Added 24 February 2008

Clarified timing and payment of commission - 24 February 2008.