Terms of Service (ALL SERVICE PROVIDERS)
1. TERMS OF SERVICE
2. TERMS OF OPERATIONS
3. PAYMENT AND RECONCILIATION
4. VCANWORLD– Consumer Discount policy
5. VCANWORLD PRODUCTS
6. INVOICING
7. SET-OFF
8. TAXES
9. BRAND EXCLUSIVITY
10. RIGHT TO AUDIT AND INSPECT
11. INTELLECTUAL PROPERTY
12 DATA PRIVACY AND RETENTION
13. CONFIDENTIALITY
14. TERM AND TERMINATION
15.INDEMNITY
16. LIMITATION OF LIABILITY
17. REPRESENTATION AND WARRANTIES
18. MISCELLANEOUS
Terms of Service (ALL SERVICE PROVIDERS)
Please read these Terms of Services carefully as they contain important information about your legal rights, remedies and obligations. By acceptance of providing your Property details and its inventory for on board the VCANBOOK platform, a subsidiary of Vcanworld. You agree to comply with and be bound by these Terms.
“VCANWORLD”, “we”, “us” or “our” “company” refers to the VCANWORLD entity with whom you are contracting.
“You”, “they”, “service provider” “your” “patron” refer to all partners who have shown interest in becoming a partner for vcanworld by enlisting their property to be shown on the vcanworld’s online platforms. You have filled in the registration form and accepted the terms and conditions as part of the registration process.
www.vcanbook.com is managed by vcanworld thus The Terms constitute a binding legal agreement between you (the Service Providers) and VCANWORLD(company) which will govern your access to and use of the Vcanbook Platform.
This Agreement will equip the VCANWORLD Patrons with the capability and technology to enable them compete better, achieve high occupancies, improve earnings and get better results for their operational needs, by listing their Property, on vcanworld’s Platform to offer accommodation and various other services to VCANWORLD’s customers in search of quality accommodation and other services.
1. TERMS OF SERVICE
By accepting to enlist your property on the VCANWORLD platform, you agree to be bound by the commercial terms, Terms of Service mentioned herein, Terms & Conditions of VCANWORLD Platform as available at www.vcanworld.com.
The VCANWORLDregistration form, has the link connected to these policies and terms which collectively form part of your agreement with VCANWORLD (collectively referred to as “Terms” or “Agreement”). If you do not agree with the Terms you may refrain from availing our services of listing your property on the VCANWORLD Platforms.
2. TERMS OF OPERATIONS
A. Use of Vcanworld Platform
Vcanworldreserves the right to terminate, suspend, or limit access to the vcanworldPlatforms in the event we are unable to obtain or verify any of the information necessary to complete the Account Information.
B. Property Listing
The Patron shall, at all times, comply with respective terms and conditions associated with the use of the vcanworldPlatform, vcanworlddevices and Technological Know-how and acknowledges that Listing of the Property on vcanworldis subject to vcanworldon-boarding requirements and vcanworldPolicies. Vcanworldreserves the right to suspend, at any time, the Property listing from the vcanworldPlatform and other demand channels and make it unavailable for reservation.
The inventory and booking management of the Property after the execution of this Agreement shall be managed by the patron and with online support from vcanworld(including through its online and B2B sales channels). The Patron shall provide correct detailed particulars uploaded on the vcanworld platform(including but not limited to name, location, map, amenities, etc.) and inform vcanworldimmediately of all discrepancies.
The Patron agrees and acknowledges that in order to improve visibility of a Property on vcanworldPlatform and or any other websites, vcanworldat its own expense, shall have the right to take and publish pictures of the Patron’s Property during the validity of this Agreement. It is understood and agreed by the Patron that the intellectual property rights for all such images shall rest solely with vcanworldand vcanworldin no way claims/guarantees with respect to the performance or saleability of the Property on account of the inclusion of the aforementioned particulars or pictures on vcanworldPlatform and or any other online or offline channels.
C. Available Rooms
The Patron shall ensure that the inventory of Rooms is updated real time, except the Non-Operational (out of order) Rooms, shall be made available on the vcanworldPlatform for reservations by vcanworldcustomers. Any and all rooms in the Property (Contracted Rooms or otherwise) shall at all times be under the operational control of the Patron.
D. Non-operational Rooms & Blocked Rooms
The Patron shall not use the Non-Operational Rooms.
E. Corporate Channels
Vcanworldmay offer rooms and/or banquets at the Property (with/without Value Added Services) to certain corporate guests / vcanworldcustomers under its own name as part of the B2B demand generated by vcanworld. The pricing for the same shall be fixed at the time of the booking.
F. Pricing
The patrons shall have exclusive rights to determine the pricing of Contracted Rooms. The publishing of such pricing for reservation by vcanworldto its customers on the vcanworldPlatform, online/offline channels shall be the responsibility of the Vcanworld. The Patron shall fulfil the bookings at such price.
The Patron shall also honour the terms of any discount or promotional or incentive programs that they offer to the vcanworldcustomers from time to time.
G. Assured Check-in
The Patron acknowledges that guest servicing is a key responsibility under this Agreement and the Patron agrees and covenants that it shall not deny check-in to any vcanworldcustomer under any circumstances at the Property
If the Patron denies check-in to any vcanworldcustomer (including during the suspension of listing on the vcanworldPlatform or termination of this Agreement, where the booking was made prior to such suspension or termination, as the case may be), then the cost of shifting or relocating such vcanworldcustomers, cost of compensating the vcanworldcustomers for inconvenience and/or payment of penalties/ compensation/ damages/fines levied by a court of law and/or any ancillary cost, etc., shall be solely borne by the Patron and to that extent the Patron will keep vcanworldcompletely indemnified. Vcanworldhas the right to offset/adjust such amounts against monies due or payable to the Patron and reserves the right to levy penalties and/or liquidated damages (whether monetary or non-monetary) for such check-in denial under vcanworldPolicies. The Patron’s breach of this provision shall amount to a material breach of the terms of this Agreement.
H. Service Standards
The patron shall:
I. Suspension of Listing
a) Notwithstanding, anything to the contrary herein contained, vcanworldreserves the right to suspend the Patron’s Property and thereby suspend access to all bookings for the Property (received through the Platform and / or other demand channels) till such time as the outstanding issues are resolved.
b) Property may be suspended under the circumstances listed below or other such circumstances as vcanworld deems fit:
c) Notwithstanding, vcanworldshall be absolved of all obligations under the Agreement for the duration in which the Patron’s Property is suspended. The Patron shall indemnify, defend and hold harmless vcanworld, its officers, directors, employees, agents and assigns against all losses, damages, liabilities, costs or expenses arising out of any actions, disputes, litigations brought against vcanworldby (including but not limited to) any customer, private or government authority on account of the vcanworldpatron's breach of the terms herein or due to reasons that led to the Patron’s Property being suspended or issues that may arise at the Patron’s Property while the Property is suspended.
J. Guest Stay Policies
The Patron shall communicate its guest stay policies to vcanworldat the time of listing. The Patron confirms that it shall honour all the commitments made in the booking voucher at all times.
Payment by guests: Patron agrees that he/she/it will accept both pre-paid payment for all bookings done via the vcanworldplatforms. Vcanworld has tied up with online payment modules for booking and the whole amount collected against the booking after the transactions / applicable fees will be transferred to the patron
The patron will have to pay the subscription of the vcanworld platform on a 6 monthly or yearly cycle. All these payments will be done via online mode and no cash transactions will be expected and accepted.
All offline bookings are at the discretion of the patron for payment method. vcanworldwill have no role to play in all the form of payment for any offline bookings made by the patron]
K. Property Branding
The Patron, upon the execution of this Agreement, shall install a signage/branding and at such location, inside and outside the property so as to encourage maximum visibility of the vcanworld platforms be it on the facade of the Property, the room or the reception. The cost of the same will be borne by the patron.The Patron shall be solely responsible for bearing any and all costs associated with the affixation, removal of and any repair of damage caused to such signage and other material.
Signage shall be placed in compliance with Applicable Laws. Any applicable licenses required or taxes levied by the Central, State or local municipal authorities in this regard shall also be obtained / borne solely by the Patron. The design of the same will be provided by vcanworld.
3. PAYMENT AND RECONCILIATION
4. VCANWORLD– Consumer Discount policy
5. VCANWORLD PRODUCTS
Vcanworldmay, from time to time, introduce Products and will notify the Patron accordingly and will be available at Policies. Each of the vcanworldProducts may carry specific terms and conditions including fees. If the Patron opts for any specific VCANWORLD Product, it agrees to pay the charges / fees set by vcanworld, which the Patron acknowledges as a reasonable fee for the provision of such services.
6. INVOICING
a. The Patron shall, for each valid booking, irrespective of its mode of payment (prepaid or pay at Property), issue a valid GST invoice with the full value of payment, to the vcanworldcustomer in the manner set forth under this clause. If the Patron does not have a GSTN, then the Patron shall issue a non GST invoice to the customer. Notwithstanding the forgoing,
The Patron shall remain liable to ensure compliance with all applicable tax laws including payment of all applicable taxes
b. The parties agree that it shall at all times be the Patron’s obligation and responsibility to issue timely invoices to our customers.A valid invoice must have the following components, unless otherwise required by law:
1. Invoice Number
2. Unique booking ID
3. Tax segregated as CGST + SGST
4. GSTN Number (of person issuing invoice, if applicable)
5. Services
6. Date of issuance
7. Valid Signature
c. Vcanworldmay offer sale of rooms with/without value added services to certain guests under its own name. In such cases Patron shall issue Tax Invoice/Bill of Supply in the name of vcanworld. If GST credit on such invoices is not passed to vcanworld, then vcanworldwill deduct the GST credit amount while making payment to the Patron.
d) Vcanworldreserves the right to withhold and/or release applicable GST if the Patron does not hold a valid GST registration.
e) If the Patron is registered for GST, it is mandatory for the Patron to share its GSTN with vcanworld and include the same in all invoices to guest(s), failing which vcanworld shall presume that Patron is not GST registered. If the Patron does not hold a valid GST registration, vcanworld shall deduct applicable GST and deposit the same in the Govt. treasury and recover/withheld the same from the amount payable to the Patron, recover any shortfall thereof.
GST Rates on accommodation in Hotels
18thJuly 2022 and onwards
The decision to withdraw the exemption provided for the room rents up to Rs 1000 per day was taken at the 47th GST Council Meeting.
Room Rent |
Rate |
Rs 0 to Rs 7500 per day |
12% with ITC |
Rs 7501 and more |
18% with ITC |
GST Rate notified vide aCGST (Rate) Notification 03/2022 dated 13th July 2022.
7. SET-OFF
8. TAXES
9. BRAND EXCLUSIVITY
10. RIGHT TO AUDIT AND INSPECT
11. INTELLECTUAL PROPERTY
VCANWORLD has through the investment of considerable time and money developed a unique and distinctive system of creating a network of high-quality budget accommodation and connecting such network hotels to potential customers at a large scale under the mark “VCANWORLD” and other associated logos, trademarks, service marks, certification marks, designs and brands (“vcanworldMarks”), issued patents and patent applications (whether provisional or non-provisional), internet domain names and social media accounts or user names, whether or not trademarks, all associated web addresses, URLs, mobile applications, websites and web pages, social media sites and pages, and all content and data thereon or relating thereto, whether or not copyrighted (“IP Rights”). The system includes but is not limited to the use of proprietary and distinctive techniques (developed or used by vcanworld), technology, software, trade secrets, inventions, databases, training methods, operating methods, designs and decor, uniform apparel, color schemes, furnishings, marketing materials, promotional strategies, booking and guest management systems, revenue management services, OTA management services, and customer service requirements among other additional innovation and updates that vcanworldbrings to its systems and processes to enhance the vcanworldPatron’s management of the Property and performance (“Technological Know-How”), all of which collectively i.e. the vcanworldMarks, IP Rights and Technological Know-How is proprietary to vcanworldand may be modified and improved from time to time by vcanworld(“IP Bundle”). The vcanworldPatron acknowledges that vcanworldor its affiliates are the exclusive owner of the IP Bundle and that the vcanworldPatron shall not make any claims on the IP Bundle except as expressly contemplated under this Agreement for the use of vcanworldServices and vcanworldProducts. The use and license of IP Bundle is directed towards promoting the vcanworldPatron in its network in a manner that may enhance the goodwill associated therewith.
The vcanworldPatron agrees that it enjoys promotional advantage on being associated with the brand name “VCANWORLD” and availing of the Technological Know-How vcanworldauthorizes the Patron to use the IP Bundle (on a revocable, non-transferable, non-assignable and non-exclusive basis) for the limited purpose of this Agreement. The Patron undertakes not to do anything prejudicial to the IP Bundle or damage or harm vcanworld’sgoodwill and reputation. The Patron agrees in order to protect the VCANWORLD’s IP Bundle intellectual property rights and maintain a common identity and reputation of its network of properties, the Patron shall comply with the Policies related with branding and minimum quality specifications laid down from time to time. Any breach by Patron in respect thereof may cause irreparable harm and injury to vcanworldand its intellectual property. You acknowledge that you have read and agreed to the vcanworldPolicies related to branding.
In the event the vcanworldPatron becomes aware of any infringement of the IP Bundle by any other party, the Patron shall immediately notify vcanworldin writing.
The Patron may conceive and develop new and improved methods of carrying out its business and improvements in operating procedure and other additions or modifications to the existing IP Bundle (hereinafter referred to as “Improvements”). The Patron agrees to disclose fully any Improvements to vcanworldand vcanworld) shall determine the feasibility and desirability of incorporating them into vcanworld’s existing IP Bundle. For avoidance of doubt, it is clarified that the right, title and interest in any and all Improvements shall rest with vcanworldregardless of which Party contributed to the Improvements. The Patron shall without delay, demur or protest transfer all rights in any such Improvement to vcanworldwithout any additional consideration.
The Patron shall not undertake any activities to decompile or reverse engineer any elements of the IP Bundle for its or their advantage or for the advantage of any third party. In the event the Patron learns of a claim of infringement or if a third party brings a claim of trademark infringement, copyright infringement, breach of confidential information and misappropriation of any trade secret against the Patron whether or not such infringement is as a result of the Patron using their IP in conjunction with vcanworldIP Bundle, the Patron shall promptly notify vcanworldof such claim. The Patron shall indemnify vcanworldto the fullest extent permitted under Applicable Law from and against all damages arising out of any claim by a third party against vcanworld. In the event vcanworldor any of its group companies is impleaded as a party to proceedings such as the aforesaid, the vcanworldPatron agrees to compensate vcanworldfor all reasonable and necessary costs related thereto, including but not limited to reasonable attorneys’ fees.
12 DATA PRIVACY AND RETENTION
13. CONFIDENTIALITY
All documents, instructions, details collected under this Agreement / Terms including the VCANWORLD customer/guests’ personal data, brand standards, operating standards, technology, systems, training manuals, financial details, terms of this Agreement / Terms, account and sales information, any and all information and/or documents shared with the VCANWORLD Patron under this Agreement, etc., whether shared through any oral or written information exchanged between the Parties directly or indirectly, before, during or after the execution of this Agreement or in connection with the preparation and performance this Agreement, shall be considered as secret and confidential information (collectively referred to as “Confidential Information”) and VCANWORLD Patron undertakes not to copy or disclose any of its contents or concepts to any other party and not to make any direct or indirect use thereof except as required for due performance under this Agreement / Terms. This Agreement / Terms is confidential in nature and shall not be disclosed by the VCANWORLD Patron to any other third person except as otherwise required by law. During the performance of its obligations under this Agreement / Terms, the VCANWORLD Patron and its employees, officers, agents, proprietors, directors, shareholders, stakeholders, contractors or any third party resources (“Representatives”) may have access to Confidential Information, which shall be kept fully confidential by the VCANWORLD Patron and its Representatives. The VCANWORLD Patron shall execute necessary non-disclosure agreement with its Representatives and take any other steps that it would reasonably take to protect such Confidential Information. The obligation under this provision shall survive termination or expiration of this Agreement.
14. TERM AND TERMINATION
a. The term of this Agreement shall be valid and binding upon the parties from the Go-Live Date and shall continue to be valid for the Term of 1 year. This Agreement shall stand extended for further durations of 12 months each at the end of its initial Term with mutual consent.
The contractcan only by terminated in accordance with the provisions of this Agreement, on the same commercials prevalent immediately prior to such extension
b. Either party may terminate this Agreement by giving a 30 (thirty) days prior written notice to the other without assigning any reason thereof.
c.Notwithstanding anything contrary mentioned in this Agreement, either Party shall be entitled to terminate the Agreement anytime in the event:
(a) there is a material breach of the Agreement by the other Party or there has been a misrepresentation by the defaulting Party and it fails to cure the said breach within a period of 15 days from the date on which it is notified of the said breach; or
(b) A Party files for bankruptcy or becomes or is declared insolvent; or
(c) If any act or omission of the defaulting Party, including failure to procure or maintain Approvals, causing disruption in the business operation of the Party or the Property.
d. In addition, vcanworld shall be entitled to immediately terminate this Agreement for cause any time during the term of this Agreement in the event:
(i) The Patron and/or the Property fails to uphold or comply with vcanworld Policies at any time during the validity of this Agreement; or
(ii) Any act or omission of the Patron and/or its representatives results in financial loss and/or reputational harm to vcanworld; or
(iii)The Patron and/or its representatives engage in unlawful acts or acts that disparage vcanworld in a private/ public set up, on social media/print media; or
(iv) A proposal of land acquisition in respect of any material part or all of the Property is being effected by any governmental body; or
(v) There is a dispute or threat of a dispute concerning title of the Property; or
(vi) The Patron ceases to be the owner of the Property or if the Patron’s interest is derived in the Property through a lease/operating agreement and such arrangement lease expires or is terminated;or.
(vii) The Property remains suspended for a period of 45 days; or
(viii) The Patron delays transformation of the Property as per the Transformation Standards Policy for a period exceeding 90 (Ninety) days; or
(ix)Any information provided by the Patron is found to be false, misleading or inaccurate
e. Upon termination or expiry of this Agreement for any reason whatsoever:
(i) vcanworld and the Patron shall undertake an account reconciliation, and subsequently a full and final settlement with respect to the Property including all expenses and advances which are payable by the Patron under this Agreement to vcanworld and the Patron shall make payments due to vcanworld;
(ii) The Patron shall honour all bookings made at the Property up until the date of termination and continue to discharge all its obligations under this Agreement;
(iii) Vcanworld shall delist the Property from vcanworld Platform;
(iv) Vcanworld shall initiate action for delisting the Property from OTAs upon full and final settlement with the Patron;
(v) The Patron shall have no right to use any Confidential Information or IP Bundle provided to the Patron under this Agreement and shall forthwith return to vcanworld any such Confidential Information in its possession;
(vi) The Patron shall at its own cost remove all internal and external Branding from the Property.The Patron shall cease to use vcanworld’s name, logo or any of the associated vcanworld Marks, IP Bundle and shall not represent itself in any manner to be associated with vcanworld;
(vii) The Patron shall provide vcanworld with a copy such registers and records, including but not limited to the A&D Register and other guest and payment details, etc., as and when requested by vcanworld; and
(viii) The Patron shall not be entitled to enter into any new agreement with vcanworld or any of the entities within the vcanworld group whether directly or indirectly for such period as vcanworld may determine.
15.INDEMNITY
To the maximum extent permitted by law, the Patron shall, upon written demand by vcanworld, indemnify, defend (at vcanworld’s option) and keep harmless vcanworld, its officers, directors, entities in the vcanworldgroup, agents, and employees against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) Patron’s usage of the vcanworldPlatform (ii) any content provided by the Patron for listing on the vcanworldPlatform which infringes a third party's intellectual property rights; (iii) breach of any obligations under this Agreement / Terms; (iv) negligence or other tortious conduct of the Patron; (v) misrepresentations made by the Patron; (vi) any non-compliance of Applicable Laws, including but not limited to delay in payment/ non-payment of taxes and delay in filing/ non-filing of returns or failure in obtaining / renewal of the requisite licenses / approvals / permits or failure to maintain any registers and records;
(vii) Actions which may bring disrepute to vcanworld’s reputation and brand
(viii) Vcanworldcustomer complaints and costs arising from their experience at the Property in connection with their booking and/or complaints/penalties from law enforcement agencies and regulatory authorities;
(ix) The settlement beneficiary for the payments to be made under this Agreement by vcanworldwhich is different from the authorized representative signatory to this Agreement;
(x) stay / visit of any vcanworldcustomer or visitors at the Property, your interaction with them, including without limitation any bodily injuries, death, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of stay / visit at the Property; and (x) loss or damage suffered by vcanworlddue to fraud or misconduct or negligence by the Patron during its engagement in any Guest Program including but not limited to the Wizard Program.
The provisions of this clause shall survive the termination of this Agreement / Terms.
16. LIMITATION OF LIABILITY
Other than remedies specifically provided under this Agreement by way of liquidated damages, neither party shall be liable to the other party for any indirect, incidental, punitive, special or consequential damages or losses (including without limitation for loss of profit or revenue etc.) whether under contract or in tort and even if the other party had been advised of the possibility of such damage or loss. In no event, shall the vcanworld’s liability under or in connection to this Agreement exceed the Demand Fee paid by the Patron to vcanworldfor a period of 1 (one) month preceding the date of such claim.Other than remedies specifically provided under this Agreement by way of liquidated damages, neither party shall be liable to the other party for any indirect, incidental, punitive, special or consequential damages or losses (including without limitation for loss of profit or revenue etc.) whether under contract or in tort and even if the other party had been advised of the possibility of such damage or loss. In no event, shall the vcanworld’s liability under or in connection to this Agreement exceed the Service Fee paid by the vcanworldPatron to vcanworldfor a period of 2 (two) month preceding the date of such claim.
17. REPRESENTATION AND WARRANTIES
The Patron represents and warrants that:
18. MISCELLANEOUS
(i) Exercising any right, power or privilege under this Agreement; or
(ii) Enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by VCANWORLD of any right, power or privilege preclude any other future exercise or enforcement thereof.The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.
Appendix 1
DEFINITIONS
“Account” shall mean the account created by the VCANWORLD Patron on the VCANWORLD Platform.
“Applicable Law” shall mean the requisite information in relation to the VCANWORLD Patron, including but not limited to Property details, personal details, copy of government identification, corporate identification, banking information, tax documentation etc.
“Approvals”shall mean all necessary approvals, permissions, authorizations, consents, clearances, licenses and notifications as may be applicable or required from any governmental, regulatory or departmental authority (central or state or local, including building sanctions, lift operating licenses, fire department clearance, tourism, local municipality approvals and licenses etc.) required by the VCANWORLD Patron to carry on its business from the Property, which are valid and have not ceased or extinguished or suspended due to any reason.
“Contracted Rooms” shall mean the number of rooms listed on the VCANWORLD Platform under this Agreement other than the Non Operational Rooms at the Property for listing on VCANWORLD’s Platform and other OTA’s. Contracted Rooms shall at all times be under the operational control of the VCANWORLD Patron.
“Commercial Terms” shall mean the financial terms associated with the provision of Products and Services under this Agreement as first agreed above and/ or agreed subsequent to the signing of this Agreement based on which subscription(s) and fee(s) will be charged by VCANWORLD
“Data” shall mean any and all information (whether in verbal, written, manual or electronic form) received by VCANWORLD and/or the VCANWORLD Patron through the VCANWORLD Platform, OTA, call centers, travel agents, directly from the guests, at the Property and/ or exchanged / received pursuant to the of acceptance of these Terms which includes but is not limited to VCANWORLD’s information, VCANWORLD Patron’s information, Property description and images, guest information, guest histories and preferences, guest identification details, etc.
“Go-Live Date” shall mean the date when the Property is listed and made available for bookings on the VCANWORLD Platform.
“Non-Operational Rooms” shall mean the number of rooms other than the Contracted Rooms at a Property that are either retained by the VCANWORLD Patron for own use and/or are non-sellable/non-serviceable and/or are under maintenance during the term of this Agreement.
“OTA” or “Online Travel Agent” shall mean all online travel agents, meta channels, online aggregators or any other online search engines where the Property is listed.
“OTA NOC” shall mean the no objection certificate executed by the VCANWORLD Patron to assign its OTA credentials to VCANWORLD.
“Patron, you, your, yourself” shall mean the company, individual, joint owner, partnership firm or a limited liability partnership entering into this Agreement and such VCANWORLD Patron may be the owner, lessor or operator of the Property.
“VCANWORLD Platform” shall mean and include the website www.vcanworld.com, any and all subdomains thereof, and any other websites through which VCANWORLD makes the services available, our mobile, tablet and other smart device applications, and application program interfaces.
“VCANWORLD Policies” or “Policies” shall collectively mean the time of acceptance of these Terms, and as may be updated from time to time and policy that may be issued by VCANWORLD from time to time, including in relation to Standard Operating Procedures, Service Standards, Value Added Services, Product and Policies, Guest Booking Policy, Branding Policy, Quality Score/ 3C Policy, Privacy Policy, etc., and/or such other policies as referred above in the Terms. [Please insert hyperlink of the VCANWORLD Policies]
“VCANWORLD Products” or “Products” shall mean the offerings introduced by VCANWORLD during the course of this Agreement whether physical/electronic or in the form of a service solely for the purpose of augmenting the VCANWORLD Patron’s experience with VCANWORLD or enhancing guest experience.
“VCANWORLD Policies” or “Policies” shall collectively mean the time of acceptance of these Terms, and as may be updated from time to time and policy that may be issued by VCANWORLD from time to time, including in relation to Standard Operating Procedures, Service Standards, Value Added Services, Product and Policies, Guest Booking Policy, Branding Policy, Quality Score/ 3C Policy, Privacy Policy, Digital Audit Policy, VCANWORLD Secure Policy, Transformation Standards Policy etc., and/or such other policies as referred above in the Terms. VCANWORLD Policies are available at https://www.vcanworld.com.
“VCANWORLD Services” or “Services” shall mean all the services offered by VCANWORLD to the VCANWORLD Patron pursuant to the terms of this Agreement for the purpose of equipping the VCANWORLD Patron with enhanced operational capabilities, guest experience, technologies, demand channel and inventory management capabilities and revenue management services that enable the VCANWORLD Patron to compete better, achieve higher occupancies through demand generation for the Property, generate Revenue and improve earnings by listing their Property on the VCANWORLD Platform and other OTA’s
“VCANWORLD Secure” shall mean a certain amount deposited in a secure wallet by the VCANWORLD Patron as set out under the corresponding slab under Commercial Terms, which gets adjusted with the payment reconciliation.
“VCANWORLD Wizard” or “VCANWORLD Wizard Program” shall mean the customer loyalty program offered by VCANWORLD to guests who upon payment of a membership fee avail certain discounts for their bookings for the membership duration in addition to availing any additional services which may be offered to other members of the VCANWORLD Wizard Program from time to time.
“Platform Fee” shall mean the percentage of the Revenue towards use of VCANWORLD’s Technological Know-How
“Property” shall mean the hotel / homes / flat / apartment, owned / leased and/or operated by the VCANWORLD Patron.
“Revenue” for the purpose of calculation of Platform Fee and Demand Fee, shall mean all revenue generated from a guest’s stay at the Property including but not limited to the following:
1. All applicable charges for accommodation at the Property;
2. Charges for room upgrades including applicable fee for early check-ins and late check-outs;
3. Sale of room packages or any other tour and travel packages sold at the Property;
4. Booking through OTA(s), other online channels and walk-in(s);
5. VCANWORLD Patron references and other services provided;
6. All applicable levies, cesses, duties whether imposed by local / state / central authorities (wherever applicable), whether charged separately or not;
7. Charges for food and beverages/meal plan (availed through the VCANWORLD Platform or any other online/offline demand channel managed by VCANWORLD); and
8. Revenue from any chargeable activity (availed through the VCANWORLD Platform or any other online/offline demand channel managed by VCANWORLD) incurred during the guest’s stay at the Property.
“Service Fee” shall mean a certain percentage (%) of Revenue charged as per the corresponding slab set out under the Commercial Terms towards the demand generation for the Property through managing all the demand channels, both online and offline, including but not limited to VCANWORLD Platform, OTA, VCANWORLD offline sales, VCANWORLD call center, walk-ins and may or may not include fees for Value Added Services or Products. However, Service Fee shall be reduced to the extent of any discounts and incentives offered by VCANWORLD from time to time.
“Service Standards” shall have the meaning ascribed to it under Clause 3(H) of this Agreement and / or any other Policy issued by VCANWORLD to lay down standards and parameters for measuring the performance of the Property, including but not limited to guest experience
“Transaction Tax” means a mandatory charge determined /determinable with reference to transaction(s), (on purchase / sale or rendering / receiving of service/ goods) to be levied under the Applicable Law or administrative order in force, including but not limited to value added tax, sales tax, goods and service tax, excise tax, sales and use tax, consumption tax, municipal tax, tourism tax, lodging tax, digital service tax or by whatever name called and includes interest, penalties and fines.
“Technological Know-how” shall mean to include but not be limited to the systems developed or used by VCANWORLD in order to enhance the VCANWORLD Patron’s management of the Property and performance in the nature of proprietary and distinctive techniques, technology, software, training methods, operating methods, designs and decor, apparel, color schemes, furnishings, marketing materials, promotional strategic, booking and guest management systems, revenue management services, OTA management services, along with, additional innovation and updates that VCANWORLD brings to its systems and processes.
“Term” shall mean a period of 12 months commencing from the date first mentioned above and any renewal thereof, in accordance with its Terms.
“Value Added Services” or “VAS” shall mean new or improved technologies, tools, applications and services developed and introduced and offered by VCANWORLD to the VCANWORLD Patron to enhance occupancy, guest experience, etc. in relation to the Property from time to time.
“Walk-in Waiver” shall mean a certain percentage (%) of Service Fee charged on the Walk-in Revenue generated at the Property, which may be waived by VCANWORLD, in accordance with its Terms.
"Walk-in Revenue" shall mean to include all booking and associated services revenue generated at the Property except booking revenue generated through the VCANWORLD Platform and/or other demand channels managed by VCANWORLD including OTA.