Partner Terms Fletcher Partner Hotels
Offer / Offers
The offer made by the Partner to the platform users regarding hotel stays, packages, and additional services via the platform.
Buyer
(Natural or legal) persons who use the mediation services provided by Fletcher via the platform. In all cases, both Partners and Users are considered Buyers.
Accommodation(s)
The hotel(s) defined as accommodation in the Partner Agreement.
Cancel / Cancellation
The cancellation of a booking via the cancellation website.
Cancellation Fees
The portion of the package price that the user owes in the event of a cancellation of a booking according to the applicable cancellation terms.
Package Price
The fee that the user owes the Partner for a booking. The package price is inclusive of VAT and exclusive of costs not included.
Cancellation Website
The website through which the user can cancel a booking (as far as allowed by the cancellation terms): www.annuleren.fletcherpartnerhotels.nl.
Cancellation Terms
The applicable cancellation terms for a booking, communicated by the Partner for each accommodation to Fletcher through the registration form.
Booking
The contract concluded by a user with the Partner via the platform regarding an offer.
Booking Confirmation
The booking confirmation sent to the user by email.
Commission
The fee owed by the Partner to Fletcher, as stipulated in the Partner Agreement.
CMS
The Content Management System through which the Partner gains access to certain data and can make changes used on the platform.
DSA
The regulation (EU) 2022/2065 on digital services (Digital Services Act).
Fletcher
Fletcher Partners Hotels B.V., registered with the Dutch Chamber of Commerce under number 97816361.
User
The person who makes a booking via the platform.
Initial Term
The initial term specified in the Partner Agreement for which the Partner Agreement is concluded.
Non-included Costs
Costs that the user must pay directly to the Partner, such as local taxes (including city and tourist taxes) as well as costs for additional services or activities booked separately (e.g., taxi fares and parking fees) that are not included in the booking.
OTAs
Online Travel Agents.
Parties
Fletcher and the Partner.
Partner
The party with whom Fletcher has concluded the Partner Agreement.
Partner Agreement
The cooperation agreement between Fletcher and the Partner.
Partner Remuneration
The package price or the cancellation fees minus the commission owed on it.
Platform
The online booking platform Fletcher Partner Hotels (www.fletcherpartnerhotels.nl).
Registration Form
The form through which the Partner submits relevant static information regarding accommodation to Fletcher; a corresponding template is attached to the Partner Agreement.
Booking Overview
The complete overview of the intended booking displayed to the user at the end of the booking process on the platform. The booking overview contains at least the booker’s details, the Partner’s details, the intended booking dates, and the package price.
2.1
These Partner Terms apply to all Partner Agreements between Fletcher and a Partner.
3.1
Fletcher grants the Partner access to the platform and its use and ensures that the Partner's offer is visible on the platform and can be booked via the platform.
3.2
Fletcher acts as an intermediary within the meaning of Article 7:425 of the Dutch Civil Code (BW). Fletcher is not a contracting party to any booking and is in no way responsible for its execution by the user or the partner.
3.3
Fletcher collects the package price on behalf of the Partner and pays it to the Partner according to the provisions of these Partner Terms.
3.4
Fletcher will make commercially reasonable efforts to ensure the proper functioning of the platform for Partners and Users. However, Fletcher cannot guarantee the platform’s availability at all times. Planned maintenance will be announced when possible. Unplanned maintenance or disruptions may cause temporary unavailability or limited functionality. The Partner accepts this. Fletcher is not liable for any direct or indirect consequences related to the (non-)functionality of the platform.
4.1
Once the Partner Agreement has come into effect and the Partner has provided Fletcher with the information required in Article 30, Paragraph 1 of the DSA, the Partner will gain access to a personal Partner Account. Through this account, the Partner can access the CMS to enter information and/or view overviews (including bookings and commissions).
4.2
The Partner is fully responsible for the proper use of the Partner Account, the CMS, and the platform at all times.
4.3
The Partner is responsible for the accuracy and completeness of the information contained in the Partner Account and the CMS at all times.
4.4
The Partner is not allowed to grant third parties access to the Partner Account. The Partner Account is strictly personal; any resulting rights are non-transferable and intended solely for the Partner. The Partner must promptly inform Fletcher in writing if they know or suspect that the access credentials are (potentially) being used improperly and/or have come into the possession of third parties, and must take appropriate measures to stop unauthorized use.
5.1
The Partner determines the content of the offer.
5.2
Each offer is initially created by Fletcher based on static and dynamic information provided by the Partner and presented to the Partner for approval. The offer is only published on the platform once the Partner has approved the draft.
5.3
By approving the draft offer, the Partner confirms the accuracy and completeness of the offer, including all information, data, texts, images, videos, links, and other materials.
5.4
The Partner may modify a published offer via the CMS or their own integrated Channel Manager regarding dynamic information (availability and price). The Partner is responsible for any changes they make.
5.5
The availability of an offer can be closed by the Partner at any time on the platform.
5.6
The cancellation terms must stipulate that cancellations can only be made via the cancellation website. Fletcher will add this information to the cancellation terms online.
5.7
Any changes to the cancellation terms or other static information provided to Fletcher must be communicated to Fletcher via email. Fletcher will inform the Partner once the changes have been implemented in the system. From that date onwards, the updated information will be used for new offer drafts. Changes to cancellation terms and other terms will not be applied to already published offers or to bookings that have already been made.
5.8
It is the responsibility of the Partner to ensure that the offer complies with all applicable (consumer) laws. The approval of the offer draft by the Partner serves this purpose, among others.
5.9
The Partner aims for an offer with a minimum availability of 60 nights per quarter per participating accommodation. Fletcher is entitled to temporarily limit the visibility of the Partner on the platform if and as long as the Partner does not meet this minimum availability.
6.1
Fletcher may restrict the use of the platform with respect to information provided by a buyer if necessary to comply with applicable laws or to ensure a safe and reliable environment for (other) buyers.
6.2
These restrictions may include, but are not limited to:
6.3
When applying the restrictions mentioned in this article, Fletcher uses predefined guidelines, procedures, and tools for content moderation.
6.4
Automated means (including algorithmic systems) as well as human reviews may be used for content moderation.
7.1
Fletcher is entitled to carry out advertising and promotional activities related to the Partner’s offer on its own account via the platform. This may include, among other things, Fletcher granting a discount on the package price to the user on its own account. In such a case, the user pays less than the package price. The Partner, in this case, retains the right to receive the full package price from Fletcher. The commission owed by the Partner is also calculated based on the package price.
7.2
Furthermore, Fletcher may initiate campaigns in which the Partner may choose to participate or not. Participation may involve costs for the Partner, for which the parties must agree in writing in advance.
8.1
The search results shown to platform users (potential users) in list view are by default sorted by price (from low to high). The price used is the lowest available package price provided by the respective Partner. If prices are the same, the ranking is alphabetical by hotel name.
8.2
The ranking cannot be influenced by the Partner through the payment of a fee to Fletcher. Sponsored placements are not offered.
8.3
Further information on the ranking can be requested by email at [email protected].
9.1
At the end of the booking process, before the user finalizes the booking, the user will be shown a booking overview on the platform. The booking overview is created by Fletcher based on the information approved by the Partner. The content of the booking overview is determined by the information contained in the offer.
9.2
If a user accepts an offer from the Partner via the platform, a booking is concluded.
9.3
It is the responsibility of the Partner to ensure that the booking process complies with all applicable (consumer) laws regarding the (conclusion of) bookings.
9.4
The Partner shall indemnify Fletcher from any claims (including associated costs) arising from third-party claims (including those of the user) against Fletcher, related to the Partner's non-fulfillment of obligations arising from the booking.
10.1
The user pays the package price online directly to Fletcher upon finalizing the booking. Fletcher collects the package price on behalf of the Partner from the user.
10.2
Fletcher does not collect non-included costs on behalf of the Partner from the user. Non-included costs must therefore be paid directly by the user to the Partner.
10.3
If a booking is canceled and the user does not owe cancellation fees, Fletcher will refund the full package price to the user on behalf of the Partner. In all cases where cancellation fees are owed by the user, Fletcher will refund the package price to the user, minus the cancellation fees, on behalf of the Partner.
10.4
The Partner is not allowed to accept direct payment from the user of (any part of) the package price or cancellation fees. If the user still pays the Partner directly in connection with a booking, the Partner must immediately refund this amount to the user.
10.5
Fletcher issues a collective credit note for the package prices of all bookings made during the previous calendar month once a month. If a booking covers dates in multiple calendar months, the booking will be included in the monthly credit note after the last booking day has passed.
10.6
The Partner issues an invoice for any non-included costs to the user at check-out. Fletcher is not responsible for invoicing these costs to the user.
10.7
The Partner is solely responsible and liable for the payment and/or remittance of any surcharges, taxes, or other costs arising from the booking. The Partner shall indemnify Fletcher from any third-party claims related to the remittance and/or payment of such surcharges, taxes, or other costs.
11.1
The Partner owes Fletcher a commission for bookings.
11.2
The commission is calculated based on the package price, unless a booking is canceled. In the event of a cancellation, the commission is calculated based on the cancellation fees. If no cancellation fees are owed by the user, the Partner does not owe a commission to Fletcher.
11.3
If a booking is not completed for reasons other than cancellation (e.g., due to a no-show by the user), the commission remains owed based on the package price.
11.4
Fletcher issues a collective charge invoice for the commission owed on all bookings with booking dates in the previous calendar month once per calendar month. If a booking spans multiple calendar months, the booking will be included in the commission statement for the month after the last booking day has passed.
11.5
For partners outside the Netherlands, the reverse charge mechanism applies to both the credit note for the package price and the commission invoice.
12.1
Fletcher offsets the commission owed by the Partner for a specific month (based on the charge invoice mentioned in Article 11.4) with the package price payable by Fletcher to the Partner for the same month (based on the credit note mentioned in Article 10.5).
12.2
Fletcher pays the Partner remuneration within ten (10) business days after sending the package price credit note via bank transfer to an account specified by the Partner.
12.3
The Partner's claim against Fletcher for the payment of remuneration is not due until the expiration of the deadline mentioned in Article 12.2.
12.4
Fletcher does not owe any interest on the package remuneration collected on behalf of the Partner. The Partner explicitly waives any claims for interest.
13.1
The Partner grants Fletcher an unlimited license to use the (brand) trademarks, logos, name, and content of the offer, including photos, descriptions, reviews, and other materials, for the duration of the Partner Agreement. Fletcher is permitted to use the aforementioned works in its external communication, including marketing activities, without owing any remuneration to the Partner or any third party.
13.2
If the Partner provides content or data to Fletcher or places them on the platform, the Partner warrants that such content and data is correct, does not infringe any (intellectual property) rights of third parties, and that the Partner owns or is otherwise authorized to provide such content or data to Fletcher or the platform.
13.3
The Partner warrants that Fletcher is authorized to use the content or data provided by the Partner in the manner agreed in the Partner Agreement and indemnifies Fletcher from any third-party claims related to such rights violations.
13.4
The Partner is not allowed to use the (brand) trademarks or any intellectual property rights of Fletcher in the course of their own business activities. However, the Partner is allowed to use the name and logo of Fletcher when referencing the Partner's presence and offer on the platform.
14.1
Fletcher is entitled to suspend its obligations toward the Partner, in whole or in part, or to suspend, terminate, or otherwise restrict the provision of services, if:
15.1
The Partner warrants that:
15.2
The Partner indemnifies Fletcher from any claims against Fletcher (including all related costs) arising from the Partner's failure to fulfill the warranties outlined in this article.
16.1
The Partner is an independent data controller within the meaning of the General Data Protection Regulation (Regulation (EU) 2016/679, hereinafter "GDPR"). The Partner is responsible for processing personal data received from Fletcher and processing it for their own purposes and by their own means. The Partner is solely responsible for complying with the applicable obligations under the GDPR and indemnifies Fletcher from third-party claims arising from deficiencies related to data protection.
16.2
In the role of an independent data controller, the Partner ensures that they:
17.1
The parties commit to confidentiality regarding all confidential information received in the course of the Partner Agreement. Information is considered confidential if it has been designated as such by a party or can reasonably be considered confidential.
17.2
Confidential information may only be used to fulfill the Partner Agreement and may not be disclosed to third parties without the prior written consent of the disclosing party, unless required by law or a court order.
17.3
This obligation remains in effect for a period of twenty-four (24) months after the termination of the Partner Agreement.
18.1
Fletcher is not liable for any form of indirect damage to the Partner, regardless of the legal basis (including tort). Indirect damage includes, among other things, damage due to loss of goodwill, lost sales, profits, or revenue, and lost savings.
18.2
Fletcher is not liable for any damages of any kind arising from, resulting from, or related to incorrect and/or incomplete information provided by the Partner or on their behalf.
18.3
Fletcher is not responsible for the actions or omissions of a user and is not liable for any damage caused by a user (or persons they bring with them during a booking) to persons or property.
18.4
Any liability of Fletcher—regardless of the legal basis or designation—is limited to a maximum of EUR 500 per event, and EUR 2,000 in total for all claims arising in connection with the Partner Agreement.
18.5
The Partner indemnifies Fletcher from any claims (judicial or extrajudicial) and all resulting costs that are made by a user against Fletcher, to the extent that these claims are related to the (non-)fulfillment of the Partner’s obligations arising from a booking.
18.6
The Partner agrees to maintain adequate insurance coverage during the term of the Partner Agreement to cover all potential liability risks (including those arising from indemnification obligations).
19.1
Any failure to perform or delay in the performance of obligations by Fletcher is not attributable to Fletcher (under Article 6:75 of the Dutch Civil Code) if such failure is due to force majeure.
19.2
Force majeure includes, but is not limited to, natural disasters such as floods, earthquakes, storms, and fires, war, terrorism, riots, or other forms of social unrest, government actions or restrictions such as sanctions, embargoes, quarantine measures, or travel bans, strikes, labor disputes or work stoppages at third parties upon which Fletcher depends, disruptions in energy supply, telecommunications or internet connections, system failures by third parties, DDoS attacks, and other cyberattacks, pandemics, epidemics, and other widespread health crises.
19.3
In the event of force majeure, Fletcher is entitled to suspend the performance of the Partner Agreement without any obligation to pay compensation. If the force majeure continues for more than thirty (30) days, Fletcher is entitled to terminate the Partner Agreement, also without any obligation to pay compensation.
20.1
By registering, creating the Partner Account, and using the platform, Fletcher gains access to the business data of the Partner and the accommodation, as well as information about the offer. This information is made available by Fletcher to (potential) users as necessary.
20.2
The Partner has limited access to its own data, including business data and information about the offer and bookings.
20.3
Once a user has made a booking with the Partner, the Partner gains access to the data entered by the user during the booking (including personal data).
20.4
The Partner does not have access to data of users who have made bookings with other Partners on the platform.
21.1
The Partner Agreement is concluded for the duration of the Initial Term. During the Initial Term, the Partner Agreement can only be terminated under the conditions stated in these Partner Terms.
21.2
After the Initial Term, the Partner Agreement will be automatically extended for an indefinite period unless terminated legally at the end of the Initial Term.
21.3
Either party may terminate the Partner Agreement at the end of the Initial Term, or after an indefinite extension at the end of any calendar month, with a notice period of three (3) months.
21.4
Additionally, Fletcher may terminate the Partner Agreement with a notice period of thirty (30) days without owing any compensation to the Partner if one of the grounds for termination specified in the original agreement exists (e.g., insolvency, payment suspension, breach of contract, rating threshold, criminal acts, reputational damage, or failure to meet minimum availability).
21.5
Fletcher is entitled to terminate the Partner Agreement with immediate effect if there is a legal obligation to do so, if a mandatory reason under Dutch law (based on Union law) exists, or if the Partner repeatedly violates the provisions of the Partner Agreement.
21.6
Termination must always be in writing. The following are considered written notices:
22.1
Upon termination of the Partner Agreement, the offer will no longer be available on the platform, and no further bookings can be made with the Partner.
22.2
In the event of termination by Fletcher, the Partner is not entitled to claim damages and explicitly waives any claims for cost or damage compensation.
22.3
The termination of the Partner Agreement does not create any obligations for reversal (Article 6:271 Dutch Civil Code).
22.4
Bookings made before the termination of the Partner Agreement remain unaffected. The Partner remains obligated to fully fulfill all obligations arising from these bookings. The relevant provisions of the Partner Agreement and these Partner Terms continue to apply to resulting rights and obligations.
23.1
Any person who identifies illegal content on the platform can report it via [email protected].
23.2
Partners may file complaints about Fletcher’s decisions regarding the restriction, suspension, or termination of mediation services at [email protected].
23.3
Complaints about decisions under Article 23 of the DSA can be filed within six (6) months after the notification of the decision.
24.1
The Partner Agreement and all related legal relationships between the parties are governed exclusively by Dutch law.
24.2
The court of Midden-Nederland, located in Utrecht, has exclusive jurisdiction over any disputes arising from or related to the Partner Agreement, including interim relief proceedings.
24.3
Any translation of the Partner Agreement or these Partner Terms is for explanatory purposes only. In case of discrepancies or contradictions, the Dutch version prevails.
24.4
Claims of the Partner against Fletcher lapse no later than one (1) year after the performance of the relevant service, without prejudice to statutory limitation periods.
24.5
Amendments to the Partner Agreement are only valid if confirmed in writing by both parties.