I have received a new contract. Apart from 15% commission there are many issues that I have concern. This is the email I have sent them. Has anybody signed up to this contract? I urge caution. No urge total boycott of Expedia. Any takers?
Hi Christine,
I refer to your phone call and was surprised to learn that Wotif was experiencing financial problems which resulted in it's sale. Goes to show that we mere mortals do not know what is happening behind the scenes.
Just some quick notes on the New Contract.
Room, Rate and Availability
1 b I have difficulty with this as this would be uncompetitive practice and we could run foul ACCC rules. Can you assure me that this is a valid clause. I make this observation in light of this article http://www.accomnews.com.au/industry/154-news-in-brief/4981-ban-likely-for-ota-rate-parity-deals

1 c What would be the situation where error is made by Expedia? We are in a remote area, and our office closes 9-10 PM. Who will bear the costs where a guest ignores the check-in times?

1 d I have major concern with is clause. What if the complaint is frivolous and invalid? Who will adjucate? There has been cases frivolous claims and demand for reimbursement or a bad review on trip advisor? There has also been complaints at checkout of matter that could have been fixed overnight if brought to our attention. There are numerous such issues and this clause does not cover it. You are waving a big stick with this one.

1 e Should we have a need to offload distress inventory at the last minute on our website, would I be contravening this clause?

1 b I have an issue this clause. At present we do not charge a credit card surcharge on Master or Visa but impose surcharge on all other cards including Amex and Diners. It is common practice to do so and accepted by Reserve Bank of Australia. This clause this clause there fore is ultra vires

1 d We are licenced to display AAA star rating only.

1 e Where Expedia offers a lower rate by discounting, we may than be in breach of BPG with other OTA. What then?

4 a In a situation where the last room is sold at the front office just as the booking is taken by Expedia, what happens then?

4 b I have difficulty with cancellation with no penalty for after check in.

4 c Where a guests agrees to receive communication from us, I see a conflict with clause.

4 e Will Expedia guarantee that it will comply with Australian Tax Laws and hold us indemnified from any claims for any transaction made by Expedia?

4 f What is OFAC?

4 g Will Expedia also provide a similar insurance to protect the property from any claims as per h?

4 i As this contract is entered into in Australia, shouldn't Australian Law apply?

Generally I feel the Contract is unfair and may contravene ACCC guidelines (attached). I am seeking counsel and will revert to you.