Hotel Services Agreement [Addendum No. 1] - HotelView Corp.
HOTELVIEW CORPORATION Contract #________
A Subsidiary of Visual Data Corporation
HOTEL SERVICES AGREEMENT
ADDENDUM I - PERFORMANCE PAYMENT PLAN
The Hotel and Company agree that the balance of the annual Service Fee will be
paid by the Hotel as the Company and its member Travel Agencies provide room
revenues for the Hotel. The Hotel and Company further agree to the following
terms and conditions in addition to those contained in the Hotel Services
Agreement:
1. DEFINITIONS.
Unless otherwise expressly provided herein or in the Agreement or the
context otherwise requires, the following terms used in this Addendum
have the following meanings:
a. "GUEST DEPARTURE DATE" means the day at which a customer
completes their stay at the Hotel.
b. "ISSUE DATE" means the date the Vignette is included in the
Library, which shall not exceed ninety (90) days from the
Effective Date.
c. "RESERVATION SYSTEM" means the automatic electronic reservation
booking system used by Travel Agencies to reserve airline, hotel,
rental car and other travel related services, and by Hotels to
receive said reservations.
d. "SERVICE FEE BALANCE" means balance of payment owed to the
Company from the Hotel as consideration for the services provided
by the Company to the Hotel, which shall be paid from the net
amount received from the Travel Agents for the Hotel's rooms,
less all applicable taxes and commissions paid to the Travel
Agents by the Hotel or its affiliates.
2. ADDITIONAL RESPONSIBILITIES OF THE COMPANY.
a. In addition to the responsibilities set forth in this Agreement,
the Company agrees to accept payments based on performance in
lieu of cash for services rendered under this Agreement.
b. Furthermore, the Company is responsible for providing monthly
statements to the Hotel evidencing bookings made by its member
Travel Agencies.
3. ADDITIONAL RESPONSIBILITIES OF THE HOTEL.
a. In addition to the responsibilities otherwise set forth in this
Agreement, the Hotel shall make all room types available.
b. As the Hotel receives revenues produced by the travel agents,
Hotel Agrees to pay the Company all amounts received, except as
otherwise stated in Addendum II, less the Travel Agent commission
and applicable taxes, until the total amount of the Service Fee
is paid in full. Thereafter, the Hotel is not liable to pay any
other fees to the Company, in connection with the HotelView
Library, for the term of this Agreement.
<PAGE>
c. The Hotel shall take such necessary actions to release to the
Company all booking information relevant for the Company to
properly collect from the Hotel amounts due pursuant to the terms
of this Agreement and Addendum. This includes authorizing the
Reservation System or any other third party tracking/collection
system to release the Company all relevant booking information.
4. CONSIDERATION.
a. In consideration for the Company's services, pursuant to the
terms of this Addendum, Hotel agrees the Service Fee balance is
as follows:
================================
Service Fee Balance
================================
$
================================
5. PAYMENT TERMS.
a. All payments due to the Company from the Hotel shall be due
thirty (30) days from Guest Departure Date.
b. All amounts due not paid by the Hotel within forty-five (45) days
of the date of Guest Departure Date shall be past due, at which
time the Company shall be entitled to take all reasonable
collection actions, including the use of a collection agency or
an attorney, with Hotel fully liable and solely responsible for
all costs and expenses associated therewith, including attorneys
fees and costs. If Hotel fails to render payment within sixty
(60) days of the Guest Departure Date, the Hotel shall be deemed
to be in default and Company shall have the right to terminate
the Hotel Services Agreement and this Addendum pursuant to
Section 5 of the Agreement.
THE PARTIES AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN AND IN THE HOTEL
SERVICE AGREEMENT.
Accepted by HOTELVIEW CORPORATION:
For the HOTEL:_________________ 1600 South Dixie Highway, Suite 3A
(Name of Hotel) Boca Raton, FL 33432
By:___________________________ By:_________________________________
Name:_________________________ Name:_______________________________
Title: _______________________ Title:______________________________
Date:_________________________ Date:_______________________________
2