Please find below the terms and conditions of the Preferred Partner Program made available by Booking.com to and for the benefit of the Accommodation that are eligible and interested in joining the Preferred Partner Program (at all times on a voluntary basis through opt-in (if eligible; if applicable) at its discretion) (the "Preferred Program").
1.1 Unless defined otherwise in these Preferred Partner Program Terms, capitalized terms have the same meaning as set out in the accommodation/hotel agreement (as applicable) (including the relevant applicable general delivery terms (the "Terms")).
2. PREFERRED PROGRAM
2.1 Performance Criteria In order for an Accommodation to opt in and be able to join the Preferred Program, the Accommodation needs to comply with the following performance criteria (the "Performance Criteria"):
1. Sales Performance Score ("SPS") A requirement for any Accommodation to join the Preferred Program is to be part of the top 30% performing properties in the “UFI” (i.e. a unique identifier that represents a city, town, or village where the Accommodation is located). The SPS is calculated automatically and unilaterally by Booking.com. The SPS is based on and influenced by various factors, including but not limited to the Commission percentage (to be) paid by the Accommodation, the minimum availability stated by the Accommodation, the number of bookings related to the number of visits to the relevant accommodation page on the Platform, and the ratio of cancellations.
2. Review Performance Score ("RPS") Accommodations with a review score of 7 or higher are eligible to join the Preferred Program. The review score is the average score generated by reviews from Guests.
3. Pricing For Accommodation in Wide/Broad Parity Countries: The external prices of the Accommodation need to be competitive, i.e. in compliance with the wide/broad parity obligations as set out in Clause 2.2 ii. Booking.com will assess this by comparing the Accommodation's room rate on the Platform with the Accommodation's external prices. For Accommodation in Narrow Parity Countries: The external prices of the Accommodation need to be competitive, i.e. in compliance with the narrow parity obligations as set out in Clause 2.2 ii. Booking.com will assess this by comparing the Accommodation's room rate on the Platform with the Accommodation's external prices. For Accommodation in No Parity Countries: The external prices of the Accommodation aren’t taken into account for eligibility of the Preferred Program.
2.2 Accommodation that have opted in for the Preferred Program, need to comply with the following terms and conditions to maintain their status as a Preferred partner:
i. Accommodations need to maintain the Performance Criteria, and
ii. For Accommodation in Wide/Broad Parity Countries:
a) Accommodations will give Booking.com Rate and Conditions Parity. "Rate and Conditions Parity" means the same or better rates for the same accommodation, same room type, same dates, same bed type, same number of guests, same or better amenities and add-ons (e.g. free breakfast, Wi-Fi, early/late check-out), same or better restrictions and policies such as reservation changes and cancellation policy as are available on the Accommodation’s websites, apps or call centers (including the customer reservation system), or directly at the Accommodation, with any competitor of Booking.com (which includes any online or offline reservation or booking agency or intermediary) and/or with any other (online or offline) third party that is a business partner of or in any other way related with or connected to the Accommodation. Rate parity does not apply in respect of rates intended for a closed user group ("closed user group" means a group with defined limitations where membership is not automatic and where: (i) consumers actively opt in to become a member, (ii) any online or mobile interface used by closed user group members is password protected, (iii) closed user group members have completed a customer profile, and (iv) the consumer to which the rate is offered or made available already made at least one prior booking as a member of the closed user group) provided that such rates are not (directly or indirectly) publicly (made) available. In the event that a closed user group rate is (directly or indirectly) publicly (made) available (by the Accommodation, a (direct/indirect) competitor of Booking.com or on any third party (platform) (including any (meta) search engine or price comparison website), Booking.com is entitled to rate parity for such rate.
b) give Booking.com "Availability Parity." Availability Parity means that the Accommodation shall provide Booking.com with such availability (i.e. rooms available for booking at the Platform) that are at least as favorable as those provided to any competitor of Booking.com (which includes any online or offline reservation or booking agency or intermediary) and/or with any other (online or offline) third party that is a business partner of or in any other way related or connected to the Accommodation.
iii. For Accommodations in Narrow Parity Countries:
a) The Accommodation shall give Booking.com Rate and Conditions Parity. "Rate and Conditions Parity" means the same or better rates for the same accommodation, same room type, same dates, same bed type, same number of guests, same or better amenities and add-ons (e.g. free breakfast, Wi-Fi, early/late check-out), same or better restrictions and policies such as reservation changes and cancellation policy as made available by the Accommodation.
b) Rate and Conditions Parity does not apply in regard to rates and conditions: - offered on any other online travel agency (OTA); - offered on Offline Channels, provided that these room rates are not Published Online or Marketed Online; and/or - that are Unpublished, provided that these room rates are not Marketed Online.
2.3 The Accommodation that is listed as a Preferred accommodation will pay the Commission percentage as set out on the Extranet or the percentage below for all reservations made as of the date listing as a preferred accommodation. Accommodations that no longer qualify as Preferred accommodation or that decide to opt out of the Preferred Program will be subject to the standard Commission as set out in the Accommodation Agreement (which shall apply for all reservations made as of the date of listing as standard accommodation).
3. TERMINATION
3.1 The Accommodation may at any time, with immediate effect and at its discretion, cease the use of any or all of the Preferred Program, provided that re-entering into a Preferred Program may be subject to a hold period (i.e. waiting period) in the event (alleged) misuse of a program. Booking.com may at any time and at its discretion, terminate and/or cease the Preferred Program for convenience upon a prior 30-day written notice. Any termination as meant in this Clause 3.1 will not incur any liability for damages, costs, and/or expenses for the terminating party.
3.2 The Accommodation is no longer entitled to use (and Booking.com may disable and withhold) the Preferred Program insofar the Accommodation has breached (a "breach") or no longer meets and maintains (each a "shortcoming") the relevant terms and requirements of the Preferred Program and (has) failed to remedy such breach or make up such shortcoming within 14 days after notification or immediately in the event of a repeated breach of Clause 2.2 ii above.
4. MISCELLANEOUS
4.1 The Preferred Program terms (i) may be unilaterally amended or supplemented from time to time subject to a reasonable notice period to the relevant participants, (ii) are and form an integral part of the accommodation/hotel agreement (as applicable) (including the relevant applicable Terms as amended from time to time) and must be read in conjunction therewith, and (iii) may be accepted online, but in any event apply pursuant to the opt-in and use of the Preferred Program by the Accommodation.