Customer Care. (a) During the Term, (i) *** (ii) Decolar shall provide commercially reasonable cooperation, at Expedia’s request, to facilitate Expedia’s customer care and support; and (iii) Decolar shall provide first line support to customers of Expedia Travel Solutions in accordance with (x) the best industry standards (including but not limited to its practices in relation to standard greetings, scripts, response times and escalation procedures) and (y) the terms of this Agreement. (b) Decolar shall use its commercially reasonably efforts to transition its customer care platform to the Voyager Tool as soon as reasonably practicable, and in no event more than six months (the “Implementation Deadline”), after the date of this Agreement (the “Voyager Implementation”); provided that any delay in the Voyager Implementation that occurs primarily as a result of any action or inaction by Expedia or its Affiliates shall result in the extension of the Implementation Deadline. Subject to Section 6.5 with respect to the use of the Voyager Tool, Decolar will be responsible for and shall provide, all support to End Users for customer care and support issues related to Expedia Travel Products and will be solely responsible for any liability to End Users as a result of such customer care and support; provided that Decolar shall not, at any time, have the ability to engage in any activities with respect to Expedia Travel Products that result in the issuance of any End User “accommodations”, such as cancellations outside of the cancellation window or goodwill coupons and credits, discounts, refunds, and similar accommodations (“Goodwill Modifications”), without the prior written consent of Expedia. Expedia will provide second line consultative support for customer care and support issues with respect to the Expedia Travel Products, including Goodwill Modifications, at Decolar’s sole cost and expenses. Without limiting the generality of the foregoing, Decolar will as soon as reasonably practical: (a) transmit to End Users booking Expedia Travel Products, without substantial revision, deletion or change of any sort, all information transmitted by Expedia or its Affiliates to Decolar for re-delivery to such End Users (e.g., booking confirmation e-mails and other customer support communications), provided that such information need not contain any of Expedia’s or its Affiliates’ branding, Marks and Materials; and (b) transmit to Expedia all communications, without substantial revision, deletion or change of any sort, received by Decolar or its Affiliates from such End Users relating to Expedia Travel Products (e.g., booking requests and other customer service inquiries), other than Highly Sensitive Customer Personal Data (other than to the extent necessary to facilitate an Expedia-Sourced Travel Booking). The Parties acknowledge and agree that this Agreement is intended to create a white label service that does not reveal Expedia’s or its Affiliates’ branding, Marks and Materials to End Users. Decolar will be responsible for any liability to End Users as a result of the customer care and support for Expedia *** Represents material which has been redacted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, as amended. Travel Products booked through the Decolar Platform and/or a Decolar Travel Solution, including all Goodwill Modifications and costs associated with any debit memo, replacement room nights, charge backs, and cancellation fees. Expedia shall be responsible for all liability to the extent caused by information created by Expedia or its Affiliates that is transmitted to Decolar by Expedia’s second-line support or by the Voyager Tool.
Appears in 2 contracts
Sources: Lodging Outsourcing Agreement (Despegar.com, Corp.), Lodging Outsourcing Agreement (Despegar.com, Corp.)
Customer Care. (a) During the Term, (i) *** (ii) Decolar shall provide commercially reasonable cooperation, at Expedia’s request, to facilitate Expedia’s customer care and support; and (iii) Decolar shall provide first line support to customers of Expedia Travel Solutions its End-Users (or to Decolar Partners, if applicable) regarding the Bookings made through the Decolar Platform in accordance with (x) the best industry standards (including but not limited to its practices in relation to standard greetings, scripts, response times and escalation procedures) and (y) the terms of this AgreementGood Industry Practice.
(b) Decolar shall use its commercially reasonably efforts to transition its customer care platform to the Voyager Tool as soon as reasonably practicable, and in no event more than six months (the “Implementation Deadline”), after the date of this Agreement (the “Voyager Implementation”); provided that any delay in the Voyager Implementation that occurs primarily as a result of any action or inaction by Expedia or its Affiliates shall result in the extension of the Implementation Deadline. Subject to Section 6.5 with respect to the use of the Voyager Tool, Decolar will be responsible for and shall provide, all support to End Users for customer care and support issues related to Expedia Travel Products and will be solely responsible for any liability to End Users as a result of such customer care and support; provided that Decolar shall not, at any time, have the ability to engage in any activities with respect to Expedia Travel Products that result in the issuance of any End User “accommodations”, such as cancellations outside of the cancellation window or goodwill coupons and credits, discounts, refunds, and similar accommodations (“Goodwill Modifications”), without the prior written consent of Expedia. Expedia HBX will provide second second-line consultative support for customer care and support issues with respect to the Expedia Travel ProductsHBX Lodging Products booked via the HBX API in accordance with Good Industry Practice. HBX acknowledges that it has direct contact with the Lodging End-Providers and shall act as intermediary with the relevant Lodging End-Providers to address End-User’s claims and requests. In such sense, including Goodwill ModificationsHBX shall use Commercially Reasonable Efforts to ensure that Lodging-End Providers accept liability and indemnify, at when reasonably applicable, from and against any claims of Decolar’s sole cost End-Users arising from the provision of their services. Therefore, Decolar hereby commits, that in case the claim and/or request occurs while End-User is at destination, Decolar shall make its best Commercially Reasonable Efforts so that the request shall be filed by the End-User directly with the Lodging End-Provider. If the claim and/or request occurs after the check-out date, HBX will be contacted by Decolar to review the claim with the Lodging End-Provider. In all cases, Decolar shall contact HBX before offering a resolution to the End-User. To that end, HBX shall collaborate with Decolar as reasonably requested by ▇▇▇▇▇▇▇. Both Parties agree to consistently review the customer operations process if needed, to mutually optimize whatever is agreed. Notwithstanding the foregoing and expenses. provisions in section 13, HBX’s total aggregate liability for any claims of Decolar’s End-Users arising from the provision of the services of HBX and/or of the Lodging End Providers shall not exceed the Cap (as defined in section 14 herein below).
(c) Without limiting the generality of the foregoing, Decolar will as soon as reasonably practicalwill: (a) transmit to End Users booking Expedia Travel ProductsEnd-Users, without substantial revision, deletion or change of any sort, all information transmitted by Expedia HBX or its Affiliates to Decolar for re-delivery to such End End-Users (e.g., booking Booking confirmation e-mails and other customer support communications), provided that such information need ) including but not contain any of Expedia’s or its Affiliates’ branding, Marks limited the terms and Materials; conditions applicable to the HBX Lodging Products and (b) transmit to Expedia HBX all communications, without substantial revision, deletion or change of any sort, received by Decolar or its Affiliates from such End End-Users relating to Expedia Travel HBX Lodging Products if needed (e.g., booking Booking requests and other customer service inquiries), other than Highly Sensitive Customer Personal Data (other than to the extent necessary to facilitate an Expedia-Sourced Travel Booking). The Parties acknowledge and agree that this Agreement is intended to create a white label service that does not reveal Expedia’s or its Affiliates’ branding, Marks and Materials to End Users. Decolar will be responsible for any liability to End Users as a result of the customer care and support for Expedia *** Represents material which has been redacted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, as amended. Travel Products booked through the Decolar Platform and/or a Decolar Travel Solution, including all Goodwill Modifications and costs associated with any debit memo, replacement room nights, charge backs, and cancellation fees. Expedia shall be responsible for all liability to the extent caused by information created by Expedia or its Affiliates that is transmitted to Decolar by Expedia’s second-line support or by the Voyager Tool.
Appears in 1 contract
Sources: Lodging Outsourcing Agreement (Despegar.com, Corp.)
Customer Care. (a) During the Term, (i) [*** *]; (ii) Decolar shall provide commercially reasonable cooperation, at Expedia’s request, to facilitate Expedia’s customer care and support; and (iii) Decolar shall provide first line support to customers of Expedia Travel Solutions in accordance with (x) the best industry standards (including but not limited to its practices in relation to standard greetings, scripts, response times and escalation procedures) and (y) the terms of this Agreement.
(b) Decolar shall use its commercially reasonably efforts to transition its customer care platform to the Voyager Tool as soon as reasonably practicable, and in no event more than six months (the “Implementation Deadline”), after the date of this Agreement (the “Voyager Implementation”); provided that any delay in the Voyager Implementation that occurs primarily as a result of any action or inaction by Expedia or its Affiliates shall result in the extension of the Implementation Deadline. Subject to Section 6.5 with respect to the use of the Voyager Tool, Decolar will be responsible for and shall provide, all support to End Users for customer care and support issues related to Expedia Travel Products and will be solely responsible for any liability to End Users as a result of such customer care and support; provided that Decolar shall not, at any time, have the ability to engage in any activities with respect to Expedia Travel Products that result in the issuance of any End User “accommodations”, such as cancellations outside of the cancellation window or goodwill coupons and credits, discounts, refunds, and similar accommodations (“Goodwill Modifications”), without the prior written consent of Expedia. Expedia will provide second line consultative support for customer care and support issues with respect to the Expedia Travel Products, including Goodwill Modifications, at Decolar’s sole cost and expenses. Without limiting the generality of the foregoing, Decolar will as soon as reasonably practical: (a) transmit to End Users booking Expedia Travel Products, without substantial revision, deletion or change of any sort, all information transmitted by Expedia or its Affiliates to Decolar for re-delivery to such End Users (e.g., booking confirmation e-mails and other customer support communications), provided that such information need not contain any of Expedia’s or its Affiliates’ branding, Marks and Materials; and (b) transmit to Expedia all communications, without substantial revision, deletion or change of any sort, received by Decolar or its Affiliates from such End Users relating to Expedia Travel Products (e.g., booking requests and other customer service inquiries), other than Highly Sensitive Customer Personal Data (other than to the extent necessary to facilitate an Expedia-Sourced Travel Booking). The Parties acknowledge and agree that this Agreement is intended to create a white label service that does not reveal Expedia’s or its Affiliates’ branding, Marks and Materials to End Users. Decolar will be responsible for any liability to End Users as a result of the customer care and support for Expedia *** Represents material which has been redacted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, as amended. Travel Products booked through the Decolar Platform and/or a Decolar Travel Solution, including all Goodwill Modifications and costs associated with any debit memo, replacement room nights, charge backs, and cancellation fees. Expedia shall be responsible for all liability to the extent caused by information created by Expedia or its Affiliates that is transmitted to Decolar by Expedia’s second-line support or by the Voyager Tool.
Appears in 1 contract
Sources: Lodging Outsourcing Agreement (Despegar.com, Corp.)
Customer Care. (a) During the Term, (i) [*** *]; (ii) Decolar shall provide commercially reasonable cooperation, at Expedia’s request, to facilitate Expedia’s customer care and support; and (iii) Decolar shall provide first line support to customers of Expedia Travel Solutions in accordance with (x) the best industry standards (including but not limited to its practices in relation to standard greetings, scripts, response times and escalation procedures) and (y) the terms of this Agreement.
(b) Decolar shall use its commercially reasonably efforts to transition its customer care platform to the Voyager Tool as soon as reasonably practicable, and in no event more than six months (the “Implementation Deadline”), after the date of this Agreement (the “Voyager Implementation”); provided that any delay in the Voyager Implementation that occurs primarily as a result of any action or inaction by Expedia or its Affiliates shall result in the extension of the Implementation Deadline. Subject to Section 6.5 with respect to the use of the Voyager Tool, Decolar will be responsible for and shall provide, all support to End Users for customer care and support issues related to Expedia Travel Products and will be solely responsible for any liability to End Users as a result of such customer care and support; provided that Decolar shall not, at any time, have the ability to engage in any activities with respect to Expedia Travel Products that result in the issuance of any End User “accommodations”, such as cancellations outside of the cancellation window or goodwill coupons and credits, discounts, refunds, and similar accommodations (“Goodwill Modifications”), without the prior written consent of Expedia. Expedia will provide second line consultative support for customer care and support issues with respect to the Expedia Travel Products, including Goodwill Modifications, at Decolar’s sole cost and expenses. Without limiting the generality of the foregoing, Decolar will as soon as reasonably practicalpracticable: (a) transmit to End Users booking Expedia Travel Products, without substantial revision, deletion or change of any sort, all information transmitted by Expedia or its Affiliates to Decolar for re-delivery to such End Users (e.g., booking confirmation e-mails and other customer support communications), provided that such information need not contain any of Expedia’s or its Affiliates’ branding, Marks and Materials; and (b) transmit to Expedia all communications, without substantial revision, deletion or change of any sort, received by Decolar or its Affiliates from such End Users relating to Expedia Travel Products (e.g., booking requests and other customer service inquiries), other than Highly Sensitive Customer Personal Data (other than to the extent necessary to facilitate an Expedia-Sourced Travel Booking). The Parties acknowledge and agree that this Agreement is intended to create a white label service that does not reveal Expedia’s or its Affiliates’ branding, Marks and Materials to End Users. Decolar will be responsible for any liability to End Users as a result of the customer care and support for Expedia *** Represents material which has been redacted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 406 under the Securities Act of 1933, as amended. Travel Products booked through the Decolar Platform and/or a Decolar Travel SolutionPlatform, including all Goodwill Modifications and costs associated with any debit memo, replacement room nights, charge backschargebacks, and cancellation fees. Expedia shall be responsible for all liability to the extent caused by information created by Expedia or its Affiliates that is transmitted to Decolar by Expedia’s second-line support or by the Voyager Tool.
Appears in 1 contract
Sources: Lodging Outsourcing Agreement (Despegar.com, Corp.)