Agent – and Commission Agreement

I.Introduction

The agent runs an agency platform under the internet address www.rooms4gays.com , where private rooms, holiday apartments and flatlets can be rented. On this platform the agent provides web space to each landlord who can use it to present their rooms to be rented.
The enquiries and bookings will be passed on to the landlord by the agent.

I.Agency

On the agent`s platform as described in point I, the landlord can present the rooms he intends to rent on the web site.
In this connection the landlord will be handed out the common information sheet which will be discussed with him. The landlord has to supply the pages 5 and 6 with the concerning informations about the rooms to be rented. He has to sign this form and send it back to the agent.
The landlord is therefore responsible for the truth of the information he provides. If the information should not correspond to the truth, and the host should bring claim for damages on account to this to the agent, the landlord is obliged to keep the agent for recoup and without complaint.
This common information sheet is an integrated part of the objective agreement.
The landlord declares face to face to the agent, that all required rules, which refer to the realization of accommodation of guests, are fulfilled and also has to state the agent for recoup and without complaint.
It has to be made clear, that no monthly or any other fees have to be paid from the landlord to the agent.
Only after a successful agency a corresponding commission arises.
The exact procedure of agency which means booking and passing on of the dates to the landlord is shown on the common information sheet, which the landlord received and took note of before signing the agreement.

I.Commission Agreement

First it is to be said that only the landlord determins the price of his rooms.
For every successful agency through the internet the agent has a claim of commission as follows:
At a price for the room per person and per night: 13% commission
The payment must be made immediately at the end of the relevant month, which means the agent sends the landlord a list of the bookings. Within 14 days the landlord is obliged to pay the agreed commission to the agent`s bank account which number the agent has to provide.
In case of default of payment 0, 7% interest p.m. applies as agreed.
It has to be pointed out that the landlord can rent his rooms on his own. Thus there is no exclusive commitment for the landlord to rent the rooms with the help of the agent.
Reservations through the agent will not be taken before previous, explicit consent of the landlord.

I.Duration of Agreement

The agreement will be valid for indefinite time. It can be cancelled by both parties at the end of each month with a one month time limit of the duration of the agreement.
A notice of cancellation will only be recognized on paper.
An agreement can be cancelled by each party under certain circumstances that are: in case of bankruptcy of a participating party, continued breaching of the agreement.
Fees will be due for all bookings which are made by the agent until cancellation of the agreement.

I.General Agreement

The landlord intents to rent the private rooms, holiday apartments and flatlets according to the common information sheet as described on pages 5 and 6.
A commission fee will also be due when the landlord rents another comparable accomodation to the guest.
It has to be pointed out that the general agreement is signed between the landlord and the guest and the agent is not the authorizer of the landlord.
The agent only acts as an agency.
The general agreement will be valid after the landlord and the guest have agreed on it personally.

I.Rights and Duties of the Agreement Partner

Rights and duties refer to the common information sheet which is an integrating part of this agreement.

I.General Information

Sub agreements do not exist in this agreement, unless they refer to the common information sheet.
When wished from both agreement parties, changes of the agreement have to be made consencually and on paper.
The Court of Jurisdiction for litigations which origin out of this agreement will be the responsible Court in Innsbruck, Austria. Therefore the Austrian law applies.

I.Copy – and Trademark Rights

The author has to respect the copyrights of used pictures, graphics and texts, or he has to use self made or licence free pictures, graphics and texts.
Trademark rights apply unrestricted to all used objects on the official web site according to each single assignment and right of ownership, which also includes assignments and rights of ownerships of third parties.
Even naming trademark protected items has to correspondent to each trademarks’ rights. The copyright of published self made objects belongs to the author of each web site. It is not allowed to use or duplicate such pictures, graphics and texts in any other electronic or printed publications without the explicit approval of the author.