KoomBana Bay is a local marketing and communication agency, specialized in tourism promotion. We help tour operators, hotels and organinzations active in tourism to communicate with travel professionals and tourists. The contractant acknowledges that this contract is an effort agreement.
The contractant will provide all texts and information concerning his offer / service in the format, criteria and technical specifications as worked out by KoomBana Bay. – The contractant accepts that KoomBana Bay has the right to refuse or adapt certain information (for instance not to offend people). – KoomBana Bay, it’s partners and the participating clients have the right to use the information of the contractant freely on their own website, on the website of third parties or in their own publications. – The contractant will give up to date information. – The contractant is liable for the information that will be published on the website, newsletters, … (not limitative). He commits to give no misleading information.
The contractant will provide visual content (pictures, images, illustrations, videos, …) according to the technical specifications of KoomBana Bay. – These pictures, images, illustrations, videos, … must be recent and show the reality. The contractant will avoid to create false expectations. – The contractant guarantees the visual content (images, pictures, illustrations, video’s, …) are without copyright and author rights.
If a client or third party has a complaint concerning the presentation, the contractant will resolve the matter quickly and efficiently. The contractant will hold KoomBana Bay free from liability. – If the client or third party still wishes to hold KoomBana Bay liable, the contractant will reimburse KoomBana Bay for the claim, increased with the costs made by KoomBana Bay to defend its case.
KoomBana Bay aims at a smooth cooperation. However KoomBana Bay will never be liable for a failure/rupture/cancellation of the publication/distribution/etc., absence of the available service provider by illness, force majeure, strikes, Internet problems, any changes or disappearance of partners, etc.
Timing is only given as an indication.
The contractant will deal with this contract confidentially and will not show it to third parties.
All invoices made by KoomBana Bay for this agreement are payable within 15 days. – Without payment of the invoice within the fixed date, KoomBana Bay will have the right to remove the training/information of the contractant without damage claim. – On top of the non paid amounts there will be an interest of 8%, starting on the non respected expiry date. The charging of the above mentionned interest will be calculated without any formal notice.
In case of a contractual failure of KoomBana Bay loss profit and commercial damage are excluded. Koombana Bay can only be held liable in cases of fraud and anyhow the amount of indemnity is limited to 50 % of the paid invoice related with this project. In no event KoomBana Bay can be held responsible for indirect damages (such as brand awareness, lost profit, lost opportunity, …)
In case of disputes the Belgian law applies. Only the courts of Ghent have jurisdiction.
The attachments and further practical information are part of this contract.