Common use of Reservations and Bookings Clause in Contracts

Reservations and Bookings. 3.1 In order to make a booking of any Accommodation, the Operator must (in accordance with these terms and conditions including clause 3.6) send a Reservation Notice. Once Hilton and the Hotel have received such Reservation Notice this shall be referred to as a “Booking”. Subject to clauses 3.2 and 3.3 below, Hilton agrees to retain the Accommodation detailed in the Booking for the Operator and in such circumstances the Accommodation shall be referred to as “Reserved Accommodation” for the purposes of this Agreement. If no Booking is received prior to the Release Date for any Accommodation or if a Booking is received at the Release Date only in respect of part of the Allocation, then the Allocation or the remainder of the Allocation (as the case may be) will automatically be released by Hilton back to the Hotel and thereafter the Operator shall have no right to make any Bookings in respect of such Accommodation and/or Allocation. Following such release back to the Hotel the Hotel may, at its discretion, sell or release the Accommodation to any third party. 3.2 No contract shall be made between either Hilton or the Hotel (or its owner) and the Guest until the Booking has been either accepted on the reservation system of either Hilton or the Hotel (whichever is the earlier). 3.3 Unless otherwise agreed in writing with Hilton, all costs of Accommodation and any applicable Additional Services for all Bookings made either by or via the Operator, less any sums paid by the Guest direct to the Hotel on check out must be paid by the Operator to Hilton (“Hotel Sums”). Hilton shall invoice the Operator for the Hotel Sums within the number of working days specified in the Schedule of the Guest departing the Hotel and the Operator shall pay such invoice within the number of working days specified in the Schedule. 3.4 The Operator must provide the Reservation Notice to the Hotel no later than the Release Date. 3.5 All reservations are subject to availability and acceptance by Hilton and the relevant Hotel. The Operator shall indemnify and hold Hilton and the Hotel harmless from and against all losses, claims, liability, costs, damages, fines or expenses (including all legal costs) incurred or suffered by Hilton and the Hotel arising out of or in connection with any errors, omissions or inaccuracies made by the Operator in completing a Booking. 3.6 All Bookings must utilise the Allocation until this has been fully booked. Hilton may then at its discretion offer the Operator accommodation in addition to the Allocation (”Request”). However in such circumstances Hilton will require the Operator to provide it promptly with full details of the sold Allocation. Hilton shall notify the Operator from time to time the rates at which Accommodation pursuant to a request will be made available. 3.7 Hilton may at any time upon one month’s notice reduce the Allocation as it deems appropriate in respect of any Hotel if: (a) the Operator is not utilising 80% or more of the Allocation for any Hotel each month calculated on the basis of a quarterly average for that Hotel; and/or (b) in Hilton’s reasonable opinion reservations made by and/or via the Operator are (i) not genuine; (ii) cancelled frequently and/or