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Terms & Conditions

TERMS AND CONDITIONS IFH-TRAINING BY DESIGN

Payment
IFH invoices 100 percent of the total amount ten days prior to the training. The invoice is payable within ten days and without any deduction.  All fees are subject to additional VAT according to German Tax Law for hotels located within Germany (actual 19 percent). For hotels outside of Germany the tax laws presently exempt them from VAT. If the German Tax Authorities decide to revoke the VAT waiver presently granted, then IFH reserve the right to charge the hotel any back dated taxes imposed by the German Government, even after the project has been completed. VAT is shifted to recipient according to article 44 and 196 of the European VAT-Directive.

Alternative date
Cancellation is not possible after signature. In exceptional cases an alternative date can be agreed on upon trainer availability up to 60 days prior to the original training date. Alternative dates cannot be claimed.

Contract period, cancellation and termination rights
Withdrawal is no longer possible after the signing. The duration of the agreement is binding on both sides defined by the end of the project. The right to terminate for good cause remains unaffected. Cancellations must be made in writing. The agreement is automatically terminated after order fulfillment.

Data protection
IFH commits to treat the documents, provided by the Principal for the purposes of preparation, confidentially and not to pass them on to third parties. All training content and documents for the participants are the intellectual property of IFH. Reproductions are only possible after approval by IFH.

Enticement of IFH-Employees
If the Principal hires an IFH-employee during the course, and up to one year after completion, of the project then the Principal will be liable to pay IFH a grievance payment of € 10,000.00 per employee.

Effectiveness, jurisdiction, governing law
With your signature and stamp the offer is automatically turned into a legally binding contract. In the event that any parts of the agreement become invalid, the validity of all other parts of the agreement remain. Jurisdiction for this agreement is Frankfurt/Main. The law of the Federal Republic of Germany applies.

Date of the terms and conditions: March 2011

TERMS AND CONDITIONS IFH-QUALITY PERFORMANCE BENCHMARKING

Payments
The set-up fee will be invoiced prior to the start of the project. Travel expenses are invoiced directly after each coaching. The investment for the training calls is to be paid monthly by the Principal for the duration of the contract. The hotel will receive the relevant invoice monthly, by the first of each month. The amount of the invoice is always to be paid within ten days and without any deduction. All rates stated are excluding VAT. German tax law presently exempts hotels outside of Germany from VAT. If the German Tax Authorities decide to revoke the VAT waiver presently granted, then IFH reserves the right to charge the hotel any back dated taxes imposed by the German Government, even after completion of the project. VAT is shifted to the recipient in accordance with article 44 and 196 of the European VAT Directive.

Right of cancellation and termination
Cancellation is no longer possible after signing the agreement for the agreed period of time. The agreement may be terminated three months before the end of the contract period as stated. The agreement is renewed automatically for the same time frame as indicated, unless it is not terminated by the customer or IFH in writing. Then, IFH will continue the project until the final end. Until that date, the agreed rates per month are due. The duration of the agreement is mutually binding for at least twelve months after project start. The agreed rates will increase without any notice in subsequent years by maximum five percent.

Data protection
IFH commits not to pass on any data of the Principal, which has been made available to IFH through the co-operation, to third parties. The storage, processing and use of personal details shall be subject to the Data Protection Act. The Principal guarantees that all employees included in this activity agree to the telephone conversations being recorded. The telecommunications law and the Data Protection Act will thus be complied with. IFH recommends this being established in writing. The Principal guarantees that it will have the relevant declarations of agreement by the time the order is commenced. These declarations of consent may be presented to IFH at any time upon request. In the event of a dispute, the Principal will defend IFH in the event an employee asserts any claims with regards to the telecommunications law or the Data Protection Act. IFH commits to treat the documents, provided by the Principal for the purposes of preparation, confidentially and not to pass them on to third parties. The rights to the EDP-based evaluation data shall remain with IFH. All documents are the intellectual property of IFH. Copying shall only be possible following written authorization by IFH.

Data transmission
Test results and the recordings of the training calls shall be made available to the Principal by IFH immediately after being recorded, on a password-protected website. To access this data the Principal will require an audio player program with associated sound card.
 
Call schedule
The exact time of the individual training calls shall only be known to IFH. IFH commits to keep the call schedules confidential and not to inform the employees of the instructing hotel. IFH evaluates all calls as soon as an employee in the participating hotel has answered the telephone.

Criteria set
The defined criteria set can be changed only after a period of three months and with a period of seven working days to the end of the month. Modifications may be made earlier, however only to the end of the month as well. Please note that criteria sets of hotel groups cannot be changed by individual properties being part of the hotel group. All changes and modifications require the order and approval by the Principal’s Head office.

Kick-off workshop/Coaching days
Kick-off workshops and coaching sessions are scheduled with at least four weeks lead time. The defined date of a workshop or coaching session can be altered 14 days in advance free of charge. Cancellation is not possible. In the event of an alteration less than 14 days before the date defined, IFH will charge higher travel costs and/or higher expenses due to i. e. flight cancellations to the customer. For tele-coaching sessions IFH requires two weeks lead time.

Coaching sessions
All coaching sessions that have not been claimed during the contracted period will expire at the end of each project-year.

Enticement of IFH-Employees
If the Principal hires an IFH-employee during the course, and up to one year after completion, of the project then the Principal will be liable to pay IFH a grievance payment of € 10,000.00 per employee.

Effectiveness, jurisdiction, governing law
With your signature and stamp the offer is automatically turned into a legally binding contract. In the event that any parts of the agreement become invalid, the validity of all other parts of the agreement remain. Jurisdiction for this agreement is Frankfurt/Main. The law of the Federal Republic of Germany applies.

Date of the terms and conditions: March 2011

TERMS AND CONDITIONS
IFH-GENERAL SALES AGENT

Payment
The Principal will be invoiced on the 1st of each current month. The invoice for additional charges will be sent out afterwards. The invoice will be due for payment ten days after receipt. The complete amount should be transferred via bank transfer in Euro to the IFH bank account: Dresdner Bank IBAN: DE02 5008 0000 0420 1231 00 SWIFT: DRES DE FF
Bank charges arising from the transfer will be the responsibility of the Principal. Should the amount not be paid within 21 days after the due date of the invoice, IFH will charge a delayed payment fee of two percent of the total amount of the invoice. The Principal will guarantee the payment. All fees are subject to additional VAT according to German Tax Laws for hotels located within Germany (actual 19 percent). For hotels outside of Germany the tax laws presently exempt them from VAT. If the German Tax Authorities decide to revoke the VAT waiver presently granted, then IFH reserves the right to charge the hotel any back dated taxes imposed by the German Government even after completion of the project.

Commission
IFH will receive a commission based payment in addition to the monthly project fee. This commission is based on actual materialized business. The commission structure is as follows:

Commission Segment Amount

Commission

Segment

Amount

8.0 %

Tours & Groups Leisure and Transient Individual Leisure Bookings (IT/FIT)

Commission due for each room night that is materialized

10.0 %

Meeting, Convention, Incentive or Company Group bookings

Commission due for each room night that is materialized as well as all revenues generated on Room Rental and defined Food and Beverage (Theme Nights).

10.0 %

Transient Individual Corporate Bookings

Commission due for each room night that is materialized



General commission handling
Each individual hotel will be responsible for tracking the produced room nights and to forward these automatically via an Excel database to IFH at the end of each completed month. The monthly production statistics will then be cross checked by IFH directly with the tour operator/booker. Should the tour operator, corporate booker or PCO use a local ground handler to place the booking at a specific hotel or set of hotels, where the hotel itself can no longer track the origin of the booking, then IFH will be responsible for obtaining the materialized booking statistics directly from the initiating tour operator, booker or PCO. Should IFH neglect to obtain the statistics for these booking IFH automatically forfeits its claim for the commission on these bookings. The Principal must provide an up-to-date list of all existing tour operator agreements for operators based in the German speaking region which includes the current ACTUAL production for 2010/2011, total room nights presently booked for the future. It will be at the discretion of each individual hotel to decide whether IFH will assume responsibility for an existing tour operator. If IFH is to take ownership of an existing tour operator then the total materialized in 2010 and presently forecasted production for 2011 will form the basis for business that will not be commissionable. The higher amount will be the base rate. The contracted room nights for existing customers will be used to set the basis for commissionable bookings for 2010/2011. Bookings generated out of the segment Individual (IT/FIT) and Tours & Groups (Leisure) and Transient Individual Leisure (FIT/IT) The total commission will be due for each room night materialized where the contract agreement for a specific hotel was acquired by IFH, regardless of the channel used to place the booking. IFH will be entitled to the full agreed commission even if the booking was made via a Travel Agent, Central Reservation Office (CRO), Global Distribution System (GDS) or via an Internet Distribution System (IDS). The same applies for tour operators bookings if IFH has taken over ownership of this client.

Hotel Featuring in Tour IT Catalogues and Brochures
The principal commits to reward IFH with € 300.00 per hotel feature per year for new listings in tour operators’ catalogues or brochures. This will exclude all operators with whom a hotel is already featured.

Bookings generated out of the segment Meeting Convention
The total commission will be due for each room night materialized as well as room rental, food and beverage (only special F&B Events are commissionable; there will be no commission on regular breakfast, lunch or dinner) where the contract for a specific hotel or hotels was acquired by IFH®, regardless of the channel used to place the booking.

Bookings generated out of the segment Transient Individual Corporate
The total commission will be due for each room night materialized where the corporate agreement (LCR or COR) for a specific hotel or hotels was acquired by IFH, regardless of the channel used to place the booking. A list of companies handled and visited by IFH will be sent to each hotel. An individual code will be given to each company. Companies will book at the Principal using their individual code to obtain the agreed rates. The commission will be paid for all room nights generated and identified through these individual codes. The monthly production report will be guaranteed by the Principal.

Payment of Commission
The consolidated invoice for all due commission payments will be sent to the Principal. The invoice is due for payment upon receipt. If the booking has materialized and the source is identified as being one of the Principal’s accounts, then UMACO will guarantee commission payment if the hotels fail to pay. The Principal guarantees that all due commissions will be paid to IFH® by the respective hotels on time as long as the claimed commissions are supported by all the necessary documents and proof of materialization.
 
Commission payments after Project completion
Upon completion of the project all business that is on the books and that has been generated by IFH, will be due to commission upon materialization. Any business booked after completion of the project that was contracted by IFH, regardless of the arrival date, will be due commission upon materialization.

Commission payments
All commission payments will be based on the basic room rate (exclusive of local taxes and service charges).

Additional Charges
Should the Principal request any services outside of those outlined in this contract, then these will be charged separately by IFH. These could include road shows, mailings or advertising activities. The Principal agrees to arrange up to two Familiarization Trips with potential bookers per year. The Principal commits to provide rooms as well as food and beverage and will take responsibility for organizing a social activity for the people attending.
Should the Principal require a member of the project team to attend an internal meeting, the Principal will be responsible for transportation, accommodation and meals. The costs for the pre-project site visit for three IFH project team members including flights, accommodation and meals will be the responsibility of the Principal.

Acting on legal behalf
IFH will act as a representative for the Principal and will work on their behalf. The formal contracting of business with all legally binding responsibilities will remain between the Principal and the booker. IFH will forward all contracts to the Principal for approval and signature. IFH has no authorization to sign any legally binding contracts directly with a booker. The Principal will define the persons authorized to sign contracts in writing with IFH prior to the start of the project.

Reporting
The Principal (all GMs and Head Office) will receive a sales report by the 5th of each month. This report will outline all of the activities completed on the Principal’s behalf by IFH. This report will include the contacts made, complete addresses, activities completed and a brief summary of all sales calls. The Principal is entitled to receive detailed information on a specific client upon request.

Communication of GSA Office Details
The Principal commits to include the address and telephone number of the GSA office on all relevant promotional collateral produced by the Principal after commencement of the project.

Commitment
The Principal commits and shall be held responsible, towards any third parties contracted by IFH, that all details (conditions, dates, availability and rates) that have been communicated to this third party by IFH are in line with those communicated in writing by the Principal to IFH. In case of discrepancy, IFH will be held responsible towards the third party and the Principal’s responsibilities will not be engaged.
 
Enticement of IFH-Employees
If the Principal hires an IFH-employee during the course, and up to one year after completion, of the project then the Principal will be liable to pay IFH a grievance payment of € 10,000.00 per employee.

Effectiveness, jurisdiction, governing law
With your signature and stamp the offer is automatically turned into a legally binding contract. In the event that any parts of the agreement become invalid, the validity of all other parts of the agreement remain. Jurisdiction for this agreement is Frankfurt/Main. The law of the Federal Republic of Germany applies.

Date of the terms and conditions: March 2011