Terms and Conditions
PROVIDER TERMS AND CONDITIONS
Published Date: 27 April 2026
Version: 1.0
This Provider Terms and Conditions Agreement (the “Agreement”) is entered into between:
Katanbooking Ltd., a company incorporated in the Republic of Cyprus, having its registered office at 82 Akropoleos, 2nd Floor, Akropoli, 2012 Nicosia, Cyprus, and registered with the Cyprus Registrar of Companies and Intellectual Property under registration number HE 435484 ("Katanbooking");
and
the legal entity or individual that accepts this Agreement and is approved to offer Services through the Katanbooking Platform (the "Provider").
This Agreement, together with any applicable schedules, appendices, policies, guidelines, or addenda referenced herein (collectively, the “Agreement Documents”), governs the relationship between Katanbooking and the Provider in connection with the Provider’s use of the Katanbooking Platform.
Definitions used in this Agreement are set out in Exhibit A (the “Definitions”). Unless the context requires otherwise, capitalised terms shall have the meanings given in Exhibit A or elsewhere in this Agreement.
The Provider acknowledges that any contract for the purchase of Services is formed directly between the Provider and the Customer (the “Provider–Customer Contract”). Katanbooking provides the Platform and related intermediary services and does not become a party to the Provider–Customer Contract.
The Katanbooking Platform may be accessed and used by Providers and Customers across multiple jurisdictions. Katanbooking may, from time to time, issue territory-specific addenda, schedules, or regulatory provisions to address local legal or operational requirements. Where applicable, such documents shall form an integral part of this Agreement and shall prevail to the extent required by Applicable Law.
This Agreement is prepared and executed in the English language. Any translation is provided for convenience only. In the event of any inconsistency between the English version and a translated version, the English version shall prevail.
By accessing or using the Katanbooking Platform, or by listing Services on the Platform, the Provider agrees to be bound by this Agreement.
1. The Katanbooking Platform
Katanbooking owns and operates an online marketplace and related digital infrastructure (the “Katanbooking Platform”) through which Providers may present, offer, administer, and manage their Services to Customers.
For the limited purposes expressly set out in this Agreement, the Provider appoints Katanbooking as its authorised online booking and payment collection intermediary in respect of Bookings made through the Katanbooking Platform. This appointment is limited to transactions initiated or concluded through the Katanbooking Platform and does not restrict the Provider’s ability to offer or sell Services through other lawful channels, subject to the non-circumvention provisions of this Agreement.
This limited appointment authorises Katanbooking to display, market, and promote the Provider’s Services; facilitate the formation and administration of Provider–Customer Contracts; arrange the collection and processing of Customer payments through authorised Payment Processing Partners; and facilitate communications, Booking changes, cancellations, refunds, and other Booking-related adjustments in accordance with this Agreement.
Except for the limited authority expressly granted under this Agreement, Katanbooking has no authority to make additional representations or warranties on behalf of the Provider, assume obligations in the Provider’s name, or materially amend the Provider’s Services, Service Listings, Retail Prices or Provider-specific operational conditions without the Provider’s consent.
Notwithstanding the foregoing, the Provider expressly authorises Katanbooking, through the automated booking process of the Katanbooking Platform, to facilitate and effect the formation of Provider–Customer Contracts on the Provider’s behalf strictly on the basis of the Service Listing, availability, Retail Price, cancellation conditions and other terms submitted or approved by the Provider through the Platform.
Such authority does not permit Katanbooking to make any representation, warranty or contractual commitment on behalf of the Provider beyond the terms submitted or approved by the Provider or otherwise expressly authorised under this Agreement.
The Katanbooking Platform facilitates transactions whereby:
- Customers may book Services offered by Providers; and
- authorised third parties, such as travel agencies, concierge services, accommodation partners, or other distribution partners, may arrange, book, or facilitate access to Services for themselves or on behalf of end customers, in accordance with this Agreement.
Katanbooking does not itself perform, deliver, or fulfil any Services. All Services are provided exclusively by the Provider, who remains solely responsible for their proper performance.
The Provider is responsible, at its own cost and risk, for procuring, maintaining, and operating all hardware, software, internet access, and technical systems necessary to access and use the Katanbooking Platform in a secure and reliable manner.
2. Provider Dashboard and Account Access
Katanbooking makes available to the Provider a dedicated administrative interface within the Katanbooking Platform (the “Provider Dashboard”), which enables the Provider to create, update, and manage its Provider Content. This may include, without limitation, descriptions of Services and activities, pricing, schedules, availability, operational parameters, and other information relevant to the offering and fulfilment of Services.
2.1. Provider Account
In order to access and use the Provider Dashboard, the Provider must establish and maintain an active provider account (the “Provider Account”). The Provider shall provide Katanbooking with all information and documentation reasonably required to create, verify, and maintain the Provider Account, including, where applicable:
- evidence of valid insurance coverage in accordance with Section 11 of this Agreement;
- documentation confirming the Provider’s legal existence, registration, licensing, or other authorization to lawfully offer the Services;
- accurate and complete payment, payout, and banking details;
- information and documentation required for identity verification, fraud prevention, and compliance with applicable anti-money laundering or similar regulatory requirements; and
- any additional operational or compliance-related information reasonably requested by Katanbooking.
The Provider acknowledges that completion of all required onboarding, verification, and compliance procedures with Katanbooking’s designated payment service providers is a mandatory condition for receiving any payouts.
Katanbooking may suspend or disable payout functionality until such requirements have been fully satisfied.
The Provider shall ensure that all information submitted through the Provider Account remains true, complete, and current at all times and shall promptly update such information via the Provider Dashboard if any changes occur.
Where the Provider fails to provide required information, provides inaccurate or outdated information, or does not comply with verification or compliance requirements, Katanbooking may, acting reasonably, suspend, restrict, or limit the Provider’s access to the Katanbooking Platform until such deficiencies are remedied.
The Provider shall not be entitled to publish, activate, or make available any Services on the Katanbooking Platform until all required verification and onboarding procedures have been successfully completed.
2.2. Access Credentials and Account Security
The Provider is responsible for safeguarding access to its Provider Account and for ensuring that all credentials used to access the Provider Dashboard are protected against unauthorised use. This includes implementing appropriate internal controls and, where available, using enhanced security features such as multi-factor authentication.
The Provider shall ensure that access to the Provider Account is granted only to individuals who are duly authorised by the Provider and who require such access for legitimate operational purposes. The Provider shall not knowingly permit any unauthorised person to access or use the Provider Dashboard or related functionalities.
All activity carried out through the Provider Account shall be deemed to have been performed by the Provider. The Provider shall remain fully responsible for all actions, omissions, and transactions conducted via its Provider Account, whether or not such activity was authorised by the Provider, except to the extent that the unauthorised activity resulted from Katanbooking’s breach of its security obligations under this Agreement, a vulnerability of the Katanbooking Platform, Katanbooking’s gross negligence or wilful misconduct, or Katanbooking’s failure to act within a reasonable time after receiving the Provider’s notice of a suspected or actual compromise of the Provider Account.
The Provider shall promptly notify Katanbooking in writing upon becoming aware of any actual or suspected loss, compromise, or misuse of access credentials, or of any unauthorised access to or activity within the Provider Account. Such notice shall include, to the extent reasonably practicable, relevant details of the incident and the steps taken by the Provider to mitigate its effects.
Where Katanbooking reasonably determines that continued access to the Provider Account may pose a risk to the security of the Katanbooking Platform, Customers, or transaction integrity, Katanbooking may temporarily suspend or restrict access to the Provider Account until the issue has been adequately addressed.
Katanbooking may also suspend, delay, or withhold payouts where the Provider fails to comply with account, verification, or compliance requirements. The Provider shall be solely responsible for any consequences arising from inaccurate, incomplete, or outdated information, including but not limited to service disruption, Customer claims, refunds, or regulatory consequences.
3. Offering and Sale of Services via the Katanbooking Platform
3.1. Service Listings
In order to make a Service available through the Katanbooking Platform, the Provider shall create and maintain a corresponding service listing using the Provider Dashboard (each, a “Service Listing”). Each Service Listing shall be prepared with due care and shall, at a minimum:
- comply with Katanbooking’s applicable platform rules, content standards, and activity policies, including any limitations relating to regulated, restricted, or higher-risk activities;
- clearly describe all conditions relevant to participation, including age limits, skill or certification requirements, health or physical restrictions, and any inherent risks associated with the Service;
- contain all material operational information necessary for Customers to make an informed booking decision, such as meeting location, start time, duration, language options, included and excluded equipment, and any transport-related requirements;
- include any mandatory safety information or instructions required under Applicable Law or industry practice; and
- be accurate, complete, and not misleading, and be kept up to date on an ongoing basis.
Information of particular importance to Customers shall be clearly highlighted in the designated sections of the Platform intended for such disclosures.
Katanbooking may, acting reasonably, edit, suspend, restrict, or remove any Service Listing that does not comply with this Agreement, applicable platform policies, or Applicable Law.
3.2. Availability and Capacity
The Provider is responsible for ensuring that all availability, scheduling, and capacity information made available through the Provider Dashboard reflects the Provider’s actual ability to perform the Services at the relevant times. Any failure to maintain accurate availability information shall remain the Provider’s responsibility, including any resulting Customer complaints, refund obligations, reputational impact, or other consequences arising from overbooking, unavailability, or scheduling errors.
3.3. Pricing and Charges
The Provider determines, at its own discretion, the retail price at which its Services are offered through the Katanbooking Platform (the “Retail Price”). The Retail Price shall be stated as a final price to the Customer and shall include all mandatory taxes, charges, and non-optional costs required for participation in the Service. The Provider shall not require Customers to make any additional mandatory payments at the time of Service delivery that were not clearly disclosed at the time of booking through the Platform.
For the initial operational phase of the Katanbooking Platform, the Provider shall apply a single fixed price per unit (e.g., per participant or item). Dynamic pricing, tiered pricing, or discount-based pricing structures are not permitted unless explicitly enabled by Katanbooking.
Optional goods or services (including, without limitation, equipment, upgrades, photographs, or additional experiences) may be offered by the Provider only where such items are genuinely optional, clearly identified, and not a condition of participation in the booked Service.
All such optional goods or services that are known or reasonably foreseeable at the time of listing must be offered and processed exclusively through the Katanbooking Platform where such functionality is available. The Provider shall not request, accept, or facilitate any off-platform payments in connection with such add-ons.
Katanbooking may suspend or restrict any Service Listing that does not comply with this requirement.
3.4. Booking and Contractual Relationship with Customers
Where a Customer completes a Booking through the Katanbooking Platform:
- a legally binding contract for the provision of the Services is formed directly between the Provider and the Customer (the “Provider–Customer Contract”);
- Katanbooking acts solely as an authorised online booking and payment collection intermediary in connection with the Booking and does not become a party to the Provider–Customer Contract; and
- Katanbooking is authorised to facilitate and administer the Booking in accordance with this Agreement, including by facilitating communications, collecting and processing payments through Payment Processing Partners, processing Booking changes and cancellations, and issuing refunds where permitted or required under this Agreement, the applicable booking terms, or Applicable Law.
Katanbooking reserves the right, acting reasonably, to decline or interrupt the booking process prior to contract formation where this is necessary to address suspected fraud, compliance concerns, technical errors, or other circumstances that may adversely affect the Platform, Customers, or the Provider.
For Bookings that require Provider confirmation, the Customer’s submission of a Booking request constitutes an offer to enter into a Provider–Customer Contract.
The Provider’s approval of the Booking request constitutes conditional acceptance only and remains subject to successful payment by the Customer within the payment window displayed through the Katanbooking Platform.
For the calendar year 2026, the payment window shall be three (3) hours from the moment of the Provider’s approval.
The Provider–Customer Contract shall be formed only when:
(a) the Provider has approved the Booking request;
(b) the Customer has successfully completed payment within the applicable payment window; and
(c) the Katanbooking Platform has issued the final Booking Confirmation.
If payment is not successfully completed within the applicable payment window, the Booking request shall automatically lapse, no Provider–Customer Contract shall be formed, and the Provider shall have no obligation to reserve the requested availability.
Katanbooking reserves the right to modify the duration of the payment window for future periods, provided that the applicable period is displayed through the Platform.
3.5. Collection and Processing of Customer Payments
For the purpose of facilitating transactions concluded through the Katanbooking Platform, the Provider authorises Katanbooking to arrange the collection of payments from Customers in connection with Bookings made for the Provider’s Services. Katanbooking may, for operational, technical, or regulatory reasons, utilise one or more third-party payment service providers or authorised intermediaries to process Customer payments and to remit the amounts successfully received to the Provider. Such entities may receive payments directly from Customers in connection with Bookings made via the Platform.
The Provider acknowledges that, once a Customer has validly completed a payment through the Katanbooking Platform or through a payment flow designated by Katanbooking, the Customer’s payment obligation towards the Provider in respect of the relevant Booking shall be deemed satisfied. The Provider shall not seek additional payment from the Customer for the booked Services, except as expressly permitted under this Agreement.
Payments collected via the Katanbooking Platform shall be treated, for contractual purposes, as payments made to the Provider, and the Provider shall perform the Services in accordance with the applicable Provider–Customer Contract. Katanbooking may bear the standard transaction fees charged by payment processors in connection with the receipt of Customer payments. Where applicable, Katanbooking may apply currency conversion or foreign exchange charges to Customers in accordance with the payment flow presented at checkout.
All Bookings made through the Katanbooking Platform require full prepayment by the Customer at the time of booking. Partial payments or deferred payment arrangements are not supported unless explicitly authorised by Katanbooking.
3.6. Post-Booking Adjustments
From time to time, Customers may request minor corrections shortly after completing a Booking. Subject to availability and operational feasibility, Katanbooking may facilitate limited adjustments to a Booking, such as changes to the scheduled date, start time, language, or number of participants, provided that such request is made within a short period following the original Booking. Any such adjustment shall not result in additional charges to the Customer or to the Provider, unless otherwise expressly agreed.
3.7. Payment Failures, Chargebacks, and Disputes
In the event that a payment related to a Booking is reversed, rejected, or otherwise fails before the Service has been delivered, Katanbooking may cancel the affected Booking and shall notify the Provider accordingly. Where a payment dispute or chargeback is initiated after the Service has been performed, Katanbooking may request the Provider to supply relevant information, documentation, or evidence relating to the Booking and Service delivery within a reasonable timeframe. Such information may be forwarded to the relevant payment processor or financial institution as part of the dispute resolution process.
The Provider acknowledges that Katanbooking’s obligation to remit amounts in respect of a Booking is contingent upon the successful settlement and retention of the corresponding Customer payment. Katanbooking does not guarantee Customer payment and does not act as a guarantor of Customer solvency. Accordingly, where a chargeback or other payment failure occurs:
- no payout shall be due to the Provider in respect of the affected Booking;
- no commission shall be payable to Katanbooking in respect of that Booking; and
- any amounts previously remitted to the Provider in connection with the affected Booking may be deducted or set off against future payouts.
Katanbooking and any payment service providers or intermediaries engaged by it do not become parties to the Provider–Customer Contract and shall not be liable to the Provider for losses arising from Customer non-payment, payment reversals, or payment disputes.
Customers are encouraged to submit service-related complaints through the Katanbooking Platform within seven (7) calendar days following completion of the Service in order to facilitate prompt investigation. This period does not limit any mandatory rights or statutory limitation periods available under Applicable Law. Katanbooking shall have the right to investigate and resolve such complaints and may issue refunds where appropriate in accordance with this Agreement and Applicable Law.
3.8. Cancellations, Force Majeure, and Non-Attendance
All cancellations of Bookings shall be initiated and processed exclusively through the Katanbooking Platform or through Katanbooking customer support. The Provider shall not independently accept or process cancellations directly from Customers.
(a) Cancellations Within the Free Cancellation Period. Where a Customer cancels a Booking within the applicable free cancellation window indicated at the time of booking, the Customer shall be entitled to a full refund, which shall be processed by Katanbooking.
(b) Cancellations After the Free Cancellation Period. Where a cancellation is requested after the free cancellation window has expired, and no exceptional or mitigating circumstances are identified, the Booking shall, for payment purposes, be treated as a Completed Booking. Where the Provider authorises or recommends a full or partial refund, or where Katanbooking determines, acting reasonably, that exceptional or mitigating circumstances apply, Katanbooking may process a full or partial refund to the Customer.
The Provider shall not independently process the cancellation, issue a direct refund or make a payment to the Customer in relation to a Booking made through the Katanbooking Platform. All such cancellations and refunds must be processed through Katanbooking or the applicable Payment Processing Partner.
Katanbooking may issue a refund without the Provider’s consent where required by Applicable Law, the applicable Booking conditions, payment-provider rules or another provision of this Agreement.
(c) Force Majeure-Related Cancellations. If a Force Majeure Event prevents the Provider from performing the Services, or makes performance unlawful, objectively unsafe or reasonably impossible, the Provider shall promptly notify Katanbooking customer support and provide all reasonably available information concerning the effect of the Force Majeure Event on the affected Booking.
Where the Provider is unable to perform the Services as a result of a Force Majeure Event, the Customer shall be entitled to a full refund of the Retail Price and any refundable Katanbooking Service Fee, unless the Customer expressly accepts an alternative date, replacement Service, credit or another suitable arrangement.
Where the Services remain lawfully, safely and reasonably available, but the Customer claims that a Force Majeure Event materially prevents the Customer or a Participant from reasonably travelling to, attending or participating in the Services, Katanbooking may investigate and determine the appropriate resolution.
In making such determination, Katanbooking may take into account the nature, location and duration of the Force Majeure Event, whether the Services remained available, whether attendance or participation was objectively prevented or materially restricted, the applicable cancellation conditions, any unrecoverable costs reasonably incurred by the Provider, any alternative arrangement offered, and Applicable Law.
A Force Majeure Event affecting the Customer’s personal circumstances, travel arrangements or ability to attend shall not automatically entitle the Customer to a full refund where the Services remain lawfully, safely and reasonably available.
(d) Customer or Participant No-show. A Customer or Participant will be considered a no-show if they fail to attend the booked Service within thirty (30) minutes after the scheduled start time, unless a longer grace period is specified by the Provider through the Katanbooking Platform for the relevant Service.
For Services involving a fixed departure time, scheduled group commencement, mandatory check-in time, transport connection, or another operational requirement that cannot reasonably be delayed, the Customer or Participant may be treated as a no-show if they fail to attend by the applicable check-in, meeting, or departure time, provided that such requirement was clearly disclosed through the Katanbooking Platform before the Booking was completed.
A Customer or Participant may also be treated as a no-show where participation is refused because the Customer or Participant does not satisfy the participation requirements applicable to the booked Service, including, where applicable, minimum or maximum age, health or medical requirements, physical condition, required qualifications, licences, certifications, identification documents, or any other mandatory participation requirements that were clearly disclosed before the Booking was completed.
Where reasonably practicable and without compromising safety, delaying the Service, or disrupting other participants, the Provider shall make reasonable efforts to contact the Customer using the communication tools or contact details made available through the Katanbooking Platform. The Provider shall not be required to delay, interrupt, or otherwise adversely affect the performance of the Service solely for the purpose of contacting the Customer.
Failure to establish contact with the Customer shall not, by itself, prevent the Booking from being treated as a Customer no-show where the circumstances otherwise justify such classification under this Agreement.
Where a Customer or Participant is classified as a no-show, the Service shall be deemed to have been made available by the Provider, the Booking shall be treated as a Completed Booking for payment purposes, and no refund shall be due unless otherwise determined by Katanbooking in accordance with this Agreement or required by Applicable Law.
(e) Provider No-show or Failure to Deliver the Service. A Provider no-show occurs where the Provider or the Provider’s authorised representative, without a valid reason, fails to make the booked Service reasonably available at the agreed meeting point, location, date and scheduled start time.
A reasonable operational tolerance may be taken into account where appropriate to the nature and circumstances of the Service. However, no general thirty-minute grace period applies to the Provider.
No operational tolerance shall apply to Services involving a fixed departure, transportation connection, scheduled group commencement, mandatory check-in time, short-duration Service or another time-critical operational requirement that cannot reasonably be delayed.
Where requested by Katanbooking, the Provider shall provide appropriate evidence demonstrating when the Provider or its authorised representative arrived at the designated meeting point, the period during which the Provider remained available, any attempts made to contact the Customer, and any circumstances claimed to justify delay or non-performance.
Where Katanbooking determines that a Provider no-show or complete failure to deliver the Service occurred, the Booking shall be deemed not completed, the Customer shall be entitled to a full refund, and the incident shall constitute Provider non-performance for the purposes of Section 3.10.
Where the Service was partially performed, materially defective, substantially delayed or materially different from the confirmed Booking, Katanbooking may determine an appropriate full or partial refund based on the circumstances.
(f) Partial Cancellations. Where supported by the Katanbooking Platform, Customers may cancel a Booking in part (including, without limitation, reducing the number of participants). In such cases, the corresponding portion of the Retail Price may be refunded to the Customer, and the Provider agrees to accept such partial cancellations and adjustments as processed through the Platform. The Provider acknowledges that availability and capacity may be automatically adjusted accordingly.
3.9. Performance of Services
The Provider shall perform and deliver the Services in a professional manner, in accordance with the applicable Service Listing, and in line with generally accepted standards and best practices applicable to the tours, activities, and experiences industry. The Provider shall remain solely responsible for the performance of the Services.
The Provider may use its employees, guides, instructors, drivers, and regular contractors in the ordinary course of performing the Services, provided that the Provider remains fully responsible for their acts and omissions. The Provider may not assign, transfer, subcontract, or resell the performance of a confirmed Booking to an unrelated third-party service provider without Katanbooking’s prior written approval.
3.10. Provider Non-Performance and Consequences
Where the Provider cancels a Booking or otherwise fails to perform the Services in accordance with a confirmed Booking, Katanbooking shall be entitled to issue a full refund to the affected Customer. The Provider acknowledges that such failures materially undermine Customer trust, damage the reputation of the Katanbooking Platform, and result in measurable operational, support, and marketing costs.
Accordingly, where Katanbooking determines, acting reasonably, that the Provider’s cancellation or non-performance was not caused by circumstances beyond the Provider’s reasonable control (including a Force Majeure Event), the Provider shall be liable to Katanbooking for a service failure charge, payable as liquidated damages, in an amount equal to one hundred percent (100%) of the applicable Retail Price for each affected Booking.
The Parties expressly acknowledge and agree that: (a) the losses and costs arising from Provider non-performance are inherently difficult to quantify at the time of contracting; (b) the service failure charge represents a genuine, reasonable, and proportionate pre-estimate of the losses likely to be incurred by Katanbooking; and (c) the service failure charge is not intended to operate as a penalty.
Katanbooking may satisfy such amount by deducting the relevant sum from amounts otherwise payable to the Provider or, where no such amounts are due, by issuing an invoice to the Provider. Katanbooking may, at its discretion, waive or reduce the service failure charge where the Provider promptly offers an alternative Service of equivalent or higher quality and value, delivered on the same date, and such alternative is accepted by the affected Customer.
Nothing in this Section shall limit Katanbooking’s right to terminate this Agreement or to apply additional remedies under Section 14 where the Provider’s conduct constitutes a material breach.
Where the Provider has elected to operate under a request-based booking model and has specified a confirmation time window (SLA) through the Provider Dashboard, the Provider undertakes to confirm or decline each Booking request within such time window.
For the year 2026, the maximum confirmation time window (SLA) shall be six (6) hours from the moment a Booking request is submitted. Katanbooking reserves the right to modify the SLA in future periods, including applying different response times based on operational or commercial considerations.
If the Provider fails to respond within the applicable confirmation window without reasonable justification, such failure shall constitute a service reliability breach.
Accordingly, for each Booking request not confirmed or declined within the specified time window, Katanbooking shall be entitled to apply a reliability compensation charge equal to ten percent (10%) of the applicable Retail Price for the relevant Booking.
The Parties acknowledge and agree that: (a) such amount represents a genuine and reasonable pre-estimate of marketing costs, operational expenses, and reputational impact incurred by Katanbooking as a result of the Provider’s failure to timely respond; and (b) the reliability compensation charge is not intended to operate as a penalty.
Katanbooking may deduct the reliability compensation charge from amounts otherwise payable to the Provider.
3.11. Platform Integrity and Non-Circumvention
The Provider shall not take any action that is intended, or reasonably likely, to bypass, undermine, or circumvent the Katanbooking Platform in relation to any Customer whose interaction with the Provider originates from the Platform. For the purposes of this Section, a Customer shall be deemed to originate from the Platform if the Customer has discovered the Provider or its Services through the Platform, initiated contact via the Platform, or made, attempted to make a Booking through the Platform. This obligation shall apply for twelve (12) months following the Customer's most recent Booking or enquiry through the Katanbooking Platform, unless a longer period is required by Applicable Law.
Without limitation, the Provider shall not:
- encourage or induce a Customer to cancel, avoid, or modify a Booking made through the Katanbooking Platform for the purpose of re-booking directly with the Provider or any third party;
- offer pricing advantages, alternative payment methods, benefits, or incentives designed to shift the transaction away from the Platform;
- accept or request direct payment from a Customer in respect of Services introduced through the Platform, except where expressly authorised in writing by Katanbooking; or
- direct or encourage Customers to communicate, transact, or complete bookings outside the Platform for the purpose of avoiding the payment of Commission.
For the avoidance of doubt, Section 4.5 (Customer Payments Made Outside the Platform) does not permit or authorise off-platform transactions and applies solely as a remedial and enforcement mechanism where such transactions occur in breach of this Agreement.
Where the Provider engages in conduct that breaches this Section, Katanbooking may, without prejudice to any other rights or remedies available under this Agreement or Applicable Law: (a) treat the relevant transaction as if it had been completed through the Platform and apply the applicable Commission to the full Retail Price; (b) suspend, restrict, or terminate the Provider’s access to the Katanbooking Platform; and/or (c) pursue any additional contractual, equitable, or statutory remedies.
The Provider acknowledges that the obligations set out in this Section are reasonable and necessary to protect Katanbooking’s legitimate commercial interests, including its investments in marketing, technology infrastructure, customer acquisition, and platform operations.
As between the Parties:
(a) the Provider retains all rights, title, and interest in and to the Provider Content and Provider Marks;
(b) Katanbooking retains all rights, title, and interest in and to the Katanbooking Platform, Katanbooking Materials, Platform analytics, system-generated metadata, search and ranking data, Platform performance data, and aggregated or anonymised information generated through the operation of the Katanbooking Platform;
(c) each Party may retain, access, use, and disclose Booking records, transaction records, communications, and other operational records to the extent reasonably necessary to perform this Agreement, comply with Applicable Law, satisfy accounting, tax, audit, insurance, or regulatory obligations, establish, exercise, or defend legal claims, prevent fraud, or protect its legitimate business interests; and
(d) Personal Data shall not be regarded as owned by either Party and shall be processed solely in accordance with Applicable Data Protection Law and Section 13 of this Agreement.
The Provider shall not use any non-public Platform analytics, system-generated metadata, search or ranking data, Platform performance data, or aggregated or anonymised information made available by Katanbooking, whether directly or through artificial intelligence tools or automated systems, to develop, train, support, or operate a competing online marketplace or platform, except with Katanbooking’s prior written consent.
4. Payments and Commission
4.1. Commission Structure
In consideration for the intermediary and platform services provided by Katanbooking, the Provider shall pay Katanbooking a commission in respect of each Completed Booking. The commission shall be calculated as a percentage of the applicable Retail Price, at the rate specified in the Provider Account at the time the Booking is confirmed. The Provider acknowledges that commission terms may differ between Providers and agrees to treat such terms as confidential.
Baseline Commission. For the calendar year 2026, unless otherwise agreed in writing, the baseline commission rate shall be ten percent (10%) of the Retail Price for each Completed Booking made through the Katanbooking Platform. Katanbooking may apply higher commission rates to specific categories of Services, based on objective commercial criteria such as operational complexity, distribution costs, support requirements, or market conditions.
Katanbooking may also apply different commission rates to different Providers, categories of Services, booking models, distribution channels, or commercial arrangements, provided that the applicable commission rate is reflected in the Provider Account or otherwise agreed in writing.
Design Partners. Katanbooking may, at its sole discretion, designate certain Providers as “Design Partners” due to their participation in the development, testing, improvement, or early adoption of the Katanbooking Platform. Unless otherwise agreed in writing, Design Partners shall not be charged commission for Bookings made during the calendar year 2026. For the calendar years 2027 and 2028, Design Partners may receive a fifty percent (50%) reduction from the otherwise applicable commission rate. Design Partner status is granted by Katanbooking at its discretion and may be modified, suspended, or revoked in accordance with the applicable commercial arrangement.
Katanbooking reserves the right to revise its standard commission structure from time to time, including after 2026, provided that any such changes are communicated to the Provider in advance and apply only to Bookings made on or after the effective date of the revised rate.
Unless otherwise stated, the commission amount shall be deducted from the Retail Price collected in connection with the relevant Booking. Any change to the commission rate shall apply only to Bookings made on or after the effective date of such change, as reflected in the Provider Account.
4.2. Provider Paid Features and Subscription Fees
Katanbooking may introduce optional paid features, premium tools, subscription plans, or additional provider-facing services from time to time. Any such fees shall be communicated to the Provider in advance and shall apply only where the Provider elects to use, subscribe to, or otherwise accept the relevant paid feature or service, unless otherwise required under a separate written arrangement.
4.3. Payouts to Provider
Amounts payable to the Provider in respect of a Booking shall become due only after:
- the relevant Service has been performed or the scheduled Service date has passed; and
- the corresponding Customer payment has been successfully settled and retained by Katanbooking or its designated payment processor.
In addition, payouts shall be conditional upon the Provider having completed all onboarding, verification, and compliance requirements imposed by Katanbooking or its designated payment service providers, including Stripe or any replacement payment service provider used by Katanbooking from time to time.
Subject to the successful settlement and retention of the corresponding Customer payment, and provided that no unresolved Customer complaint, payment dispute, chargeback, fraud investigation, or other valid payment hold is pending, Katanbooking shall remit the net amount due to the Provider to the Provider’s verified payout account no earlier than fourteen (14) calendar days following the Service Date, including a seven (7) calendar day Customer complaint period and up to a further seven (7) calendar days for review and processing by Katanbooking.
Where a Customer complaint, payment dispute, chargeback, fraud investigation, or any other matter requiring review is initiated before the payout becomes due, Katanbooking may suspend the payout until the relevant matter has been fully investigated and resolved. The payout shall become due only after the relevant investigation has been completed and the final outcome has been determined.
Katanbooking may temporarily withhold or delay a payout where settlement has not yet been completed or where there is a reasonable basis to believe that the relevant transaction is subject to elevated risk, including suspected fraud, chargebacks, or Customer non-payment. Any withheld amounts shall be released once the underlying issue has been resolved and settlement is final.
Payouts shall be processed no more frequently than once per week, in accordance with Katanbooking’s applicable payout schedule and the operational rules of its designated payment processing partners.
4.4. Payment Processing Costs and Adjustments
Katanbooking shall be responsible for standard transaction costs charged by its appointed payment processors or authorised intermediaries in connection with transferring payout amounts to the Provider’s designated payout account. The Provider shall remain responsible for any charges imposed by its own financial institution in connection with the receipt of such funds, including any fees applied by intermediary or correspondent banks.
Katanbooking may deduct or apply a set-off against amounts otherwise payable to the Provider in respect of:
- refunds issued to Customers;
- costs incurred for replacement or alternative services provided to Customers;
- chargebacks or payment reversals; and
- any other amounts that the Provider is obliged to reimburse or pay to Katanbooking under this Agreement.
4.5. Customer Payments Made Outside the Platform
Where, in breach of this Agreement, a Customer makes a payment directly to the Provider in relation to Services that were introduced, booked, or otherwise facilitated through the Katanbooking Platform, whether by cash, bank transfer, card payment, or other means, such payment shall be deemed to relate to a Booking originating from the Platform. In such circumstances, the Provider shall remain fully liable to pay Katanbooking the applicable Commission calculated on the full Retail Price and shall remit such Commission to Katanbooking within five (5) Business Days following receipt of the Customer’s payment.
The Provider shall promptly notify Katanbooking in writing of any such off-platform payment and shall, upon reasonable request, provide supporting documentation sufficient to verify the amount received, the date of payment, and the identity of the Customer.
Nothing in this Section shall be construed as permitting or legitimising off-platform payments. Any such payment shall constitute a material breach of this Agreement and may result in suspension or termination of the Provider’s access to the Katanbooking Platform, without prejudice to any other rights or remedies available to Katanbooking.
4.6. Taxes and Fiscal Compliance
(a) Taxes Relating to the Services. The Provider bears sole responsibility for identifying, calculating, charging, declaring, and paying all taxes, duties, levies, and governmental charges arising in connection with the offering and performance of the Services to Customers, including value added tax (VAT) where applicable. Taxes applicable to the Services shall be determined by reference to the Retail Price and shall apply in accordance with the rules governing the place of supply under Cyprus VAT Law and any other relevant Applicable Law. For clarity, Katanbooking does not assume, and shall not be deemed to assume, any responsibility for the Provider’s tax obligations in relation to the Services, including VAT on the Retail Price, income taxes, or any other direct or indirect taxes imposed on the Provider.
For the avoidance of doubt, VAT and any other applicable indirect taxes relating to the Services shall be calculated on the full Retail Price charged to the Customer, irrespective of whether the relevant amount is collected directly by the Provider or is collected through Katanbooking or an authorised Payment Processing Partner acting in accordance with the limited payment collection authority granted under this Agreement.
(b) VAT Status and Invoicing Obligations. The Provider is solely responsible for assessing whether it is required to register for VAT in Cyprus or in any other jurisdiction and for complying with all obligations relating to VAT registration, invoicing, reporting, and payment. Where required by Applicable Law or upon a lawful request from a Customer, the Provider shall issue VAT-compliant receipts or tax invoices in respect of the Services and shall ensure timely reporting and remittance of all applicable taxes to the competent tax authorities.
The Provider represents and warrants that all information provided regarding its VAT status is accurate and up to date and shall promptly notify Katanbooking of any changes.
(c) Tax Handling Through the Platform. Where the Provider requests Katanbooking to technically facilitate the collection of applicable taxes through the Katanbooking Platform, the Provider shall inform Katanbooking of the relevant tax rates and cooperate in good faith to implement an appropriate technical and reporting arrangement. Where Katanbooking is required by Applicable Law to collect, deduct, or withhold VAT or other taxes in connection with the Services, Katanbooking may do so and shall notify the Provider accordingly.
Any tax-related collection, deduction, withholding, or remittance carried out or facilitated by Katanbooking under this Section shall be performed solely in Katanbooking’s capacity as an online platform and payment collection intermediary and shall not, by itself, be interpreted as Katanbooking acting as the supplier, reseller, or merchant of record in respect of the Services for VAT or other tax purposes.
Nothing in this Agreement shall be interpreted as making Katanbooking the supplier, reseller, principal, or merchant of record in respect of the Services. The Provider shall at all times remain the supplier of record and the person responsible for the supply of the Services to the Customer.
(d) Provider Assistance and Verification. Upon reasonable request, the Provider shall, within five (5) Business Days, provide Katanbooking with information or documentation reasonably necessary to verify tax compliance, which may include:
- a valid Cyprus VAT registration number (where applicable);
- VAT-compliant invoices issued to Katanbooking, where required by law;
- evidence of tax reporting or payment, such as VAT returns or payment confirmations; and
- any other information reasonably required to demonstrate compliance with applicable tax obligations.
Katanbooking reserves the right to suspend payouts where reasonably necessary to mitigate tax, regulatory, or financial risk.
(e) Commission and VAT (VAT-Inclusive Model). The commission payable to Katanbooking for its intermediary and platform services under this Agreement shall be VAT-inclusive, unless Applicable Law requires otherwise. Katanbooking shall be solely responsible for determining, accounting for, reporting, and remitting any VAT included within such commission to the relevant tax authorities. For the avoidance of doubt:
- the Provider shall not be required to pay any additional VAT on top of the agreed commission percentage; and
- the total economic cost of the commission to the Provider shall not exceed the agreed commission percentage of the Retail Price.
(f) Withholding Taxes. All amounts payable to Katanbooking under this Agreement shall be paid without deduction or withholding for taxes. Where withholding is required by Applicable Law, the Provider shall bear such tax and shall ensure that Katanbooking receives the full amount that would have been payable in the absence of such withholding.
(g) Regulatory Disclosure. Katanbooking may disclose information relating to the Provider’s transactions, tax status, or identity to competent tax or governmental authorities where such disclosure is required by Applicable Law or pursuant to a lawful request.
(h) Non-Compliance. A failure by the Provider to comply with the obligations set out in this Section may result in measures including, without limitation, the suspension or removal of Services from the Katanbooking Platform, withholding of payouts, or the exercise of any other rights or remedies available to Katanbooking under this Agreement or Applicable Law.
Providers are encouraged to seek independent tax advice regarding their obligations under applicable law.
4.7. Transaction Records and Statements
Katanbooking shall keep commercially reasonable internal records relating to Bookings, payments, refunds, commissions, Applicable Taxes, and other financial amounts arising under this Agreement. Such records may include, where relevant, transactions or Services identified by Katanbooking as subject to commission obligations under this Agreement, including transactions completed outside the Katanbooking Platform in violation of the anti-circumvention provisions.
Platform records maintained by Katanbooking shall be presumed to be accurate unless the Provider provides reasonably reliable evidence demonstrating a material error. Where such evidence is provided, the Parties shall cooperate in good faith to investigate and correct the relevant records where appropriate.
Upon the Provider’s written request, and not more than once per calendar quarter, Katanbooking shall make available to the Provider a consolidated transactional summary (the “Statement”) covering the applicable reporting period. The Statement may include, by way of non-exhaustive example: (a) the number of Completed Bookings facilitated through the Katanbooking Platform during the reporting period; (b) amounts received via the Platform on the Provider’s behalf; (c) amounts paid or transferred to the Provider through the Platform; (d) commissions retained by Katanbooking in respect of Platform-facilitated Bookings (inclusive of any applicable VAT); (e) bookings, Services, or payments reasonably identified by Katanbooking as having occurred outside the Platform but subject to commission obligations under this Agreement; (f) commissions already remitted by the Provider in respect of such transactions; and (g) any commission balances outstanding as of the end of the reporting period.
For clarity, payouts to the Provider are processed independently and on a rolling basis in accordance with this Agreement and are not conditional upon the preparation or delivery of a Statement. Statements are provided solely for reconciliation, accounting, tax compliance, and dispute management purposes and, where applicable, shall constitute the commercial record or commission invoice issued by Katanbooking for the relevant period.
If the Provider does not raise a written objection to a Statement within thirty (30) days of its availability, specifying reasonable supporting details, the Statement shall be deemed accepted for reconciliation and accounting purposes. Any claim or dispute relating to amounts reflected in a Statement must in any event be brought within one (1) year from the date on which the relevant amount became due, or, where multiple amounts are concerned, from the due date of the earliest such amount.
4.8. Accrual of Payments and Minimum Disbursement Amount
For administrative, technical, or payment processing efficiency, Katanbooking or its authorised Payment Processing Partner may defer the transfer of amounts payable to the Provider until the aggregate net amount payable reaches one hundred euro (EUR 100.00), or the equivalent in the applicable payout currency (the “Minimum Disbursement Amount”).
Amounts accumulated below the Minimum Disbursement Amount shall not be considered overdue, shall not accrue interest, and shall become payable only once the Minimum Disbursement Amount has been reached. Notwithstanding the foregoing, upon the Provider’s written request, Katanbooking shall process a payout below the Minimum Disbursement Amount, subject to technical feasibility, compliance requirements, and any applicable processing costs or deductions.
Upon termination or expiry of this Agreement for any reason, Katanbooking shall, subject to any applicable rights of set-off, refund, chargeback, or withholding under this Agreement or Applicable Law, remit to the Provider any accrued but unpaid amounts, irrespective of whether the Minimum Disbursement Amount has been met.
4.9. Temporary Payment Withholding
Katanbooking or its authorised Payment Processing Partner may temporarily withhold, delay, or suspend payouts otherwise due to the Provider under this Agreement where the Provider has failed to submit, maintain, or update any mandatory information, documentation, declarations, or confirmations required pursuant to Section 2.1 (Provider Account Requirements) or Section 4.6 (Taxes), or where such action is reasonably required by the applicable Payment Processing Partner or Applicable Law.
Any such withholding shall be limited to the period of the relevant non-compliance and shall be applied solely for compliance, verification, or risk management purposes. Amounts withheld under this Section shall not be considered overdue, shall not accrue interest, and shall be released promptly once the Provider has remedied the relevant deficiency to Katanbooking’s reasonable satisfaction, subject to any other applicable rights of set-off, chargeback, or withholding under this Agreement or Applicable Law.
If the Provider fails to cure the relevant non-compliance within a reasonable period following written notice from Katanbooking, Katanbooking may apply any accrued amounts toward outstanding amounts owed by the Provider under this Agreement, including commissions, refunds, or other payment obligations.
4.10. Katanbooking Platform Service Fee
Katanbooking may, in addition to the Retail Price determined by the Provider, charge Customers a separate service or platform fee for access to and use of the Katanbooking Platform and related services (the “Katanbooking Service Fee”).
The Katanbooking Service Fee shall be charged exclusively to the Customer and shall not form part of the Retail Price payable to the Provider.
Katanbooking shall determine whether the Katanbooking Service Fee is retained or refunded in accordance with the General Terms applicable to the Customer, the circumstances of the relevant Booking and Applicable Law.
Any refund of the Katanbooking Service Fee shall be borne by Katanbooking and shall not reduce the Retail Price otherwise payable to the Provider, except where the underlying Retail Price is also refundable under this Agreement, the applicable Booking conditions or Applicable Law.
The Provider acknowledges and agrees that the application, amount, structure, and timing of any Katanbooking Service Fee shall be determined by Katanbooking based on legitimate commercial, operational, technical, financial, or risk-related considerations. Any such fee shall not form part of the Retail Price set by the Provider and shall not reduce or otherwise affect the Retail Price payable to the Provider for the Services.
The Provider further acknowledges that Katanbooking’s decision to apply or not apply a Katanbooking Service Fee may vary over time, by market, booking channel, Customer segment, or other objectively relevant criteria, and is not intended to distort competition between Providers offering comparable Services on the Platform.
The Provider remains free at all times to discontinue participation in the Katanbooking Platform in accordance with this Agreement if it considers the application of any Katanbooking Service Fee commercially unacceptable.
4.11. Regulatory Reporting (DAC7 Compliance)
(a) Regulatory Status. The Provider acknowledges that Katanbooking may qualify as a “Reporting Platform Operator” under applicable European Union legislation, including Council Directive (EU) 2021/514 (“DAC7”), as implemented into Cyprus law and any other applicable jurisdiction. Accordingly, Katanbooking may be legally required to collect, verify, retain, and report certain information relating to Providers and their activities on the Platform.
(b) Information Requirements. The Provider shall, upon onboarding and thereafter upon reasonable request, provide accurate, complete, and up-to-date information necessary for regulatory reporting purposes. Such information may include, without limitation:
- full legal name / registered business name;
- residential address or registered office;
- country of tax residence;
- Tax Identification Number (TIN) and issuing jurisdiction;
- VAT identification number, where applicable;
- company registration number and place of incorporation (for legal entities);
- date of birth (for individual providers);
- bank account details used for receiving payouts;
- details of beneficial owners or controlling persons, where required by Applicable Law.
(c) Verification. Katanbooking reserves the right to verify the information provided by the Provider using reasonable means, including public registers, VAT databases, identity verification tools, or requests for supporting documentation.
(d) Ongoing Obligation. The Provider shall promptly notify Katanbooking of any changes to the information supplied under this Section and ensure that all data remains accurate throughout the term of this Agreement.
(e) Regulatory Reporting. The Provider expressly acknowledges and agrees that Katanbooking may disclose the collected information, as well as data relating to transactions, revenues, and payouts, to competent tax or governmental authorities where required by Applicable Law.
(f) Failure to Provide Information. Where the Provider fails to provide requested information, provides inaccurate data, or does not cooperate with verification procedures, Katanbooking may suspend payouts, restrict access to the Platform, or terminate this Agreement to the extent permitted by Applicable Law.
(g) No Tax Advisory Role. Katanbooking does not provide tax advice. Providers remain solely responsible for understanding and complying with their own tax obligations in all relevant jurisdictions.
Katanbooking shall bear no liability for any penalties, damages, or losses incurred by the Provider as a result of inaccurate or incomplete information supplied for regulatory reporting purposes.
5. Customer Relations
5.1. Customer Communications
The Provider shall use the communication tools and messaging functionalities made available through the Katanbooking Platform for matters related to the Services offered through the Platform, including both pre-booking and post-booking communication. Such communication must remain directly connected with the Provider’s Services and shall not be used for any purpose that bypasses, undermines, or circumvents the Platform.
All communications with Customers must be conducted in a professional and lawful manner and must remain strictly limited to operational, logistical, or service-related matters arising from Services booked through the Katanbooking Platform.
5.2. Communication via the Katanbooking Platform
The Provider shall review messages received via the communication tools provided through, or forwarded by, the Katanbooking Platform on a regular basis and, in any event, at least once per calendar day.
The Provider shall use reasonable efforts to respond to Customer inquiries within the following timeframes:
- where a Customer contacts the Provider more than seven (7) days prior to the scheduled start of the Services — within forty-eight (48) hours;
- where a Customer contacts the Provider between two (2) and seven (7) days prior to the scheduled start of the Services — within twenty-four (24) hours;
- where a Customer contacts the Provider less than two (2) days prior to the scheduled start of the Services — as soon as reasonably practicable and, in any case, prior to commencement of the Services.
The Provider shall respond to inquiries or requests submitted directly by Katanbooking within twenty-four (24) hours, unless a shorter response time is reasonably required due to urgency.
The Provider shall not use the communication tools made available through the Katanbooking Platform, nor any information obtained via the Platform, to: (i) send unsolicited commercial, promotional, or marketing communications; (ii) contact Customers for purposes unrelated to a Booking or the delivery of the Services, including recruitment or solicitation for third-party platforms, products, or services; (iii) arrange, accept, or facilitate bookings or payments outside the Katanbooking Platform; (iv) request or accept payment for Services outside the Platform; or (v) transmit any Prohibited Content.
The Provider acknowledges that communications exchanged via the Katanbooking Platform may be stored and reviewed by Katanbooking for compliance, security, customer support, and dispute resolution purposes. Katanbooking may restrict, remove, or block any communication that it reasonably determines to be in breach of this Agreement.
5.3. Invoices
Upon request by a Customer, the Provider shall provide the Customer with an invoice for the Services via the communication tools available through the Katanbooking Platform. Such invoice shall comply with all applicable tax and legal requirements.
5.4. Service Standards and Business Conduct
The Provider shall perform the Services and interact with Customers in a professional, diligent, and commercially reasonable manner, consistent with generally accepted standards of business conduct applicable to the relevant industry.
The Provider shall not intentionally offer Customers who originate from the Katanbooking Platform prices or booking terms that are materially more favourable for the same Services where the purpose or effect is to encourage such Customers to complete the same Booking outside the Katanbooking Platform.
Nothing in this Section shall prevent the Provider from offering:
(a) promotions generally available to the public;
(b) loyalty programme benefits;
(c) membership or closed-group discounts;
(d) promotional campaigns of limited duration;
(e) prices reflecting materially different inclusions, cancellation policies, payment terms, bundled services, distribution costs, or commercial arrangements; or
(f) discounts required under agreements with other authorised distribution partners.
The Provider acknowledges that Katanbooking may make available, from time to time, written guidelines, policies, or onboarding materials relating to ethical conduct, responsible tourism, sustainability, and compliance standards, including principles relating to human rights, labor practices, environmental protection, sustainable development, and the prevention of bribery and corruption (collectively, the “Responsible Business Guidelines”).
During the term of this Agreement, the Provider shall conduct its business, and shall ensure that any persons acting under its direction or control (including employees, contractors, guides, instructors, and supply chain participants), conduct business in a manner consistent with the Responsible Business Guidelines and all applicable laws and regulations.
Failure by the Provider to comply with this Section shall constitute a material breach of this Agreement and may result in suspension or termination of the Provider’s access to the Katanbooking Platform in accordance with the termination provisions of this Agreement.
5.5. Tickets
The Provider shall honour and accept all valid tickets or booking confirmations issued through the Katanbooking Platform, including tickets presented in printed form or displayed electronically on mobile phones, tablets, or other electronic devices.
The Provider shall not refuse, invalidate, or otherwise challenge a Customer’s or Participant’s right to receive the Services solely on the basis of the format in which a valid ticket or booking confirmation is presented.
5.6. Customer-Provided Participant Information
Where the Platform requires Customers to provide participant information in connection with a Booking, including without limitation age, height, weight, health-related limitations, swimming ability, skill level, certification status, or other information relevant to safe participation in the Services, the Provider shall be entitled to rely on such information for the purpose of preparing and delivering the Services.
The Customer is responsible for ensuring that all participant information submitted through the Platform is accurate, complete, and not misleading. If the Provider reasonably determines that the information provided by the Customer is inaccurate, incomplete, or materially inconsistent with the participation requirements disclosed in the relevant Service Listing, the Provider may refuse to deliver the Services to the affected participant where necessary for safety, legal, operational, or insurance-related reasons.
In such circumstances, the Booking may be treated in accordance with the applicable cancellation, no-show, or refund provisions of this Agreement and the applicable booking terms. Katanbooking may, acting reasonably, determine whether any refund is due, taking into account the nature of the inaccurate or incomplete information, the Provider’s disclosed participation requirements, and the circumstances of the refusal.
5.7. Personnel Conduct
The Provider is solely responsible for the conduct, actions, and omissions of all individuals acting on its behalf in connection with the provision of the Services, including employees, contractors, guides, instructors, and other representatives. The Provider shall ensure that neither it nor any person acting under its direction or control engages in any discriminatory, abusive, or harassing conduct toward any Customer or other individual, including on the basis of race, nationality, ethnic origin, religion, belief, gender, gender identity, sexual orientation, age, marital status, medical condition, or physical or mental disability, in accordance with Applicable Law.
5.8. Customer Requests, Complaints, and Refunds
The Provider shall promptly handle, investigate, and respond to all Customer requests, inquiries, complaints, or refund requests relating to the Services, including complaints concerning the Provider’s personnel. Where the Provider fails to provide a substantive response to a Customer complaint within three (3) Business Days, Katanbooking may, without prejudice to any other rights or remedies: (i) issue a full refund to the Customer; (ii) provide customer support assistance directly to the Customer; (iii) act as an intermediary between the Provider and the Customer for the purpose of resolving the issue; and/or (iv) respond to the Customer on behalf of the Provider through the Katanbooking Platform, customer service channels, or other reasonable communication means.
Before issuing any refund, arranging replacement services, or charging the Provider in connection with an alleged deficiency in the Services, Katanbooking shall, except where immediate action is reasonably required to protect Customer safety, comply with Applicable Law, prevent fraud, reduce the risk of chargebacks, or avoid other material harm, use reasonable efforts to:
(a) notify the Provider of the complaint;
(b) provide the Provider with a reasonable opportunity to submit comments and supporting evidence; and
(c) consider all reasonably available information before making its decision.
In making its decision, Katanbooking shall act reasonably, in good faith, and taking into account:
(i) the applicable Service Listing; (ii) the Booking details; (iii) the evidence provided by the Customer and the Provider; (iv) Customer protection considerations; (v) Applicable Law; and (vi) the legitimate interests of both Parties.
Katanbooking shall notify the Provider of the outcome of the investigation and the principal reasons for any refund, deduction, replacement service cost, or other financial adjustment affecting the Provider.
In the event of the Provider’s failure to comply with the service standards set out in Section 5.4, or where Katanbooking reasonably determines that there has been a material irregularity, deficiency, or non-conformity in the Services or a Service Listing, Katanbooking may, at its discretion: (a) issue a full or partial refund to the Customer; and/or (b) arrange for the provision of alternative or replacement services of an equivalent or higher standard and deduct the cost of such replacement services from amounts payable to the Provider.
Where a partial refund is granted, the amount payable to the Provider, together with any applicable Commission retained by Katanbooking, shall be reduced proportionately.
Nothing in this Section shall prevent Katanbooking from taking immediate interim measures where reasonably necessary to protect Customers, preserve evidence, comply with Applicable Law, or prevent fraud or payment losses.
5.9. Reviews and Feedback
Following the completion of a Booking, Customers may be invited to submit feedback and reviews relating to the Services and the Provider through the review functionality made available on the Katanbooking Platform. The purpose of the review system is to collect genuine, relevant, and experience-based feedback regarding the quality, reliability, and overall performance of the Services and the Provider. Reviews submitted through the Katanbooking Platform may be visible to other users of the Platform. All review content submitted via the Katanbooking Platform is made available to Katanbooking on an exclusive basis for use, display, publication, modification, and distribution in connection with the operation, promotion, and improvement of the Platform, subject to Applicable Law.
The Provider shall not use, reproduce, publish, or distribute any reviews obtained from the Katanbooking Platform where such reviews contain Customer Personal Data, except to the extent expressly permitted by Applicable Law. The Provider acknowledges that reviews are submitted by Customers and reflect their individual opinions and experiences, and that Katanbooking does not independently verify the accuracy, completeness, or factual correctness of any review content. The Provider shall not interfere with, manipulate, or attempt to influence the review system in any manner, including by submitting reviews relating to its own Services, arranging for third parties to submit reviews on its behalf, offering incentives for positive reviews, or discouraging Customers from submitting honest feedback.
6. Marketing
6.1. Katanbooking Marketing Activities
Katanbooking may, at its sole discretion, promote, advertise, and market the Services and Service Listings made available through the Katanbooking Platform and shall bear the costs associated with its own marketing and promotional activities. For marketing and promotional purposes, Katanbooking may use the Provider Content and Provider Marks in online and offline materials, including digital advertising, email campaigns, and paid search or performance-based advertising, subject to the terms of this Agreement.
Katanbooking may promote, feature, or distribute Services and Service Listings through the Katanbooking Platform and authorised third-party channels. Any discount funded solely by Katanbooking shall be applied by reducing the Commission otherwise payable to Katanbooking and shall not reduce the amount payable to the Provider. The ranking and visibility of Services and Providers shall be determined in accordance with Section 6.6.
Katanbooking does not guarantee any minimum level of visibility, ranking position, traffic, or number of Bookings for any Service or Provider.
6.2. Provider Branding and Representation
The Provider shall offer and perform the Services under its customary business name and brand and shall remain solely responsible for the provision and quality of the Services. The Service Listing and any Provider Content shall not state, suggest, or imply, directly or indirectly, that: (i) Katanbooking provides, operates, or performs the Services; (ii) Katanbooking has inspected, tested, certified, or verified the quality or suitability of the Services; or (iii) Katanbooking endorses, guarantees, or otherwise assumes responsibility for the Provider or the Services.
The Provider acknowledges that Katanbooking acts solely as an intermediary platform and marketing channel and does not assume any role as a service provider.
6.3. Provider Communications
The Provider shall refrain from engaging, directly or indirectly (including through any affiliate, partner, or agent), in any marketing, advertising, promotional, or similar communications directed at a Customer unless the Customer has provided prior and lawful consent to receive such communications. Without limitation, the Provider shall not include any marketing, advertising, or promotional content in booking confirmations, service confirmations, operational messages, or any other communications sent to Customers in connection with the Services.
The Provider acknowledges that the transmission of communications in violation of this Section may constitute a material breach of this Agreement and may also result in non-compliance with applicable data protection and privacy laws, including the General Data Protection Regulation (GDPR). Where the Provider responds to a Customer review through the Katanbooking Platform, such response shall comply with the applicable review response guidelines, policies, or rules made available by Katanbooking from time to time.
6.4. Platform Development, Marketing, and Additional Distribution Channels
The Provider acknowledges that Services and Service Listings may be marketed, displayed, or made available through additional distribution channels authorised by Katanbooking, including Distribution Partners, Travel Agencies, accommodation or concierge partners, search engines, mapping services, directories, recommendation systems, digital assistants, affiliate channels, APIs, embedded booking tools, and other third-party websites, applications, or services. Bookings generated through such authorised channels shall be treated as Bookings made through the Katanbooking Platform and shall be subject to this Agreement, including the applicable Commission and payment provisions.
Katanbooking may share Provider Content and information relating to the Provider and the Services with third parties for the purposes of promoting the Services, expanding distribution, and developing, improving, or operating the Katanbooking Platform. Such third parties may include distribution partners, technology providers, and service partners, to the extent reasonably necessary to enable marketing, discovery, integration, or technical development of the Platform and its interfaces with third-party products or services.
By way of example, Katanbooking may share relevant data in order to: (i) promote or display the Services through mapping services, directories, search engines, recommendation systems, or digital assistants; and/or (ii) design, implement, and maintain technical integrations or interfaces between the Katanbooking Platform and third-party platforms, applications, or services.
Any sharing of Provider Content or data pursuant to this Section shall be conducted in accordance with Applicable Law, including data protection and privacy requirements. Katanbooking may also use Provider Content, aggregated transaction data, and interaction data for the purposes of analytics, performance optimization, personalization, and the development, training, and improvement of recommendation systems, machine learning models, and other automated decision-making tools, provided that such use is conducted in compliance with Applicable Law.
6.5. Platform Visibility and Cooperation Disclosure
The Provider agrees to make reasonable efforts to inform Customers that the Services are available for booking through the Katanbooking Platform. Such information may be displayed, where appropriate, on the Provider’s official website, social media pages, booking pages, or at physical locations where the Services are offered, provided that any such display: (i) does not suggest exclusivity or priority over other sales channels; (ii) does not imply that Katanbooking provides or guarantees the Services; and (iii) complies with Applicable Law and the Provider’s own branding guidelines.
The form, placement, and content of such information shall remain subject to the Provider’s reasonable discretion, and nothing in this Section shall be construed as requiring the Provider to promote Katanbooking as its primary or exclusive booking channel.
6.6. Ranking and Visibility
The order, prominence, and visibility in which Providers, Services, and Service Listings are displayed on the Katanbooking Platform may be determined by a combination of the following main parameters:
(a) relevance to the Customer’s search query, location, requested dates, selected language, categories, and filters;
(b) current availability, booking capacity, and the Provider’s ability to accept and fulfil the Booking;
(c) pricing and the overall value offered to Customers;
(d) Service quality, Customer reviews, complaint history, cancellation and no-show rates, response rate, reliability, and previous Booking performance;
(e) the completeness, accuracy, relevance, and quality of the Service Listing and Provider Content;
(f) booking popularity, conversion, Customer engagement, and other aggregated performance indicators;
(g) verification status, safety, legal and regulatory compliance, insurance status, and operational readiness;
(h) participation in promotional campaigns, special collections, seasonal campaigns, or visibility programmes; and
(i) technical, operational, geographic, or commercial considerations relevant to the Customer experience and the effective operation of the Platform.
As a general principle, relevance to the Customer’s search criteria, availability, service quality, reliability, compliance status, and the quality and completeness of the Service Listing are expected to have greater importance than the remaining parameters. The precise relative importance of the parameters may vary depending on the Customer’s search, the type and location of the Service, the applicable market, the selected Platform feature, and the availability of relevant data.
Katanbooking may adjust ranking and visibility in order to prevent fraud, manipulation, artificial review activity, misleading listings, unlawful conduct, safety risks, or attempts to circumvent the Platform.
At the Published Date of this version of the Agreement, Providers cannot directly purchase a higher organic ranking position through payment of an additional fee or acceptance of an increased Commission. Design Partner status and a reduced Commission do not, by themselves, result in preferential ranking.
Katanbooking may introduce optional paid promotional placements or visibility programmes in the future. Where a Provider may influence visibility or ranking through direct or indirect remuneration, including payment, an increased Commission, acceptance of additional commercial obligations, or participation in a promotional programme, Katanbooking shall clearly describe the availability and principal effects of that arrangement before the Provider elects to participate. Paid or sponsored placements shall be identified where required by Applicable Law.
Katanbooking does not disclose the detailed operation of its algorithms, source code, individual weighting formulas, fraud prevention systems, or information that would enable manipulation of ranking.
7. Compliance with Laws and Regulations
The Provider shall perform and deliver the Services in full compliance with all applicable laws, regulations, rules, and industry standards governing its business and the provision of the Services (collectively, “Applicable Law”). Without limitation, the Provider is responsible for compliance with laws and regulations relating to, as applicable: (i) fire prevention, occupational safety, and public safety; (ii) consumer protection and fair commercial practices; (iii) information, disclosure, and consultation requirements; (iv) licensing, registration, permits, and authorisations required to operate the Services; (v) health, sanitation, and hygiene standards, including any laws, regulations, or governmental measures relating to communicable diseases, public health emergencies, or similar matters; and (vi) any other legal or regulatory requirements applicable to the Services or the Provider’s business activities.
The Provider shall maintain, at its own cost, appropriate and valid insurance coverage for the duration of this Agreement, including public liability insurance and any other insurance required under Applicable Law or reasonably necessary for the safe performance of the Services. Such insurance shall be maintained at levels customary for the relevant industry and shall remain valid and in force at all times while the Services are offered through the Katanbooking Platform.
Upon reasonable request by Katanbooking, the Provider shall, within five (5) Business Days, provide copies of all relevant licences, permits, registrations, approvals, certifications, or other authorisations relating to the Provider or the Services, together with reasonable documentation evidencing compliance with Applicable Law. In the event of any actual or alleged non-compliance relating to the Services, the Provider shall promptly and fully cooperate, at its own cost and expense, with any investigation, audit, inquiry, or proceeding conducted by competent governmental authorities, regulators, or industry bodies, and shall take all reasonable corrective actions required to remedy such non-compliance.
The Provider shall be solely responsible for any consequences arising from non-compliance with Applicable Law, including any fines, penalties, claims, damages, losses, or enforcement actions imposed by Customers, authorities, or third parties. The Provider shall bear all costs associated with remedying such non-compliance.
Where Katanbooking reasonably determines that the Provider or any of its Services may be in breach of Applicable Law or may expose the Platform, Customers, or third parties to legal, regulatory, or safety risks, Katanbooking may suspend, restrict, or remove the relevant Service Listings and/or the Provider’s access to the Platform until such risks have been adequately addressed.
8. Intellectual Property
8.1. Provider Content
The Provider grants to Katanbooking a non-exclusive, worldwide, fully paid-up, and royalty-free licence, with the right to sublicense through multiple tiers, to use the Provider Content in any media or format, whether now existing or developed in the future, for purposes related to the operation, promotion, distribution, and development of the Katanbooking Platform. Such licence includes the right to host, store, reproduce, copy, adapt, translate, localise, modify, create derivative works from, display, perform, transmit, distribute, and otherwise make use of the Provider Content, including: (i) on or through the Katanbooking Platform; (ii) in online or offline marketing, promotional, or informational materials; and (iii) in any other manner reasonably contemplated by this Agreement or agreed between the Parties.
Nothing in this Section shall be construed as obligating Katanbooking to use, display, promote, or otherwise exploit any Provider Content, and Katanbooking may determine, at its sole discretion, whether and how such content is used in connection with the Platform.
The Provider represents and warrants that it owns, or otherwise has all necessary rights, permissions, and authorisations to provide the Provider Content to Katanbooking and to grant the licence set out in this Section. The Provider remains solely responsible for the accuracy, completeness, and legality of the Provider Content and shall not submit any content that is unlawful, misleading, or otherwise prohibited under this Agreement or Applicable Law.
Katanbooking may, acting reasonably and in good faith, remove or restrict access to any Provider Content that it determines may violate this Agreement or Applicable Law. Alternatively, Katanbooking may request that the Provider correct, update, or replace such Provider Content within a reasonable period specified by Katanbooking. To facilitate access to the Services by Customers speaking different languages, Katanbooking may translate, localise, or otherwise adapt the Provider Content, in whole or in part, including through automated or assisted translation tools. The Provider acknowledges that Katanbooking does not guarantee the accuracy, quality, or completeness of any translations or adaptations. If the Provider becomes aware of any inaccuracy or inconsistency in a Service Listing or other Provider Content, whether arising from translation or otherwise, the Provider shall notify Katanbooking without undue delay.
The Provider acknowledges that, in the ordinary course of operating and expanding the Katanbooking Platform, Katanbooking may sublicense or otherwise make available the Provider Content to distribution partners, technology partners, or other third parties for purposes consistent with this Agreement.
8.2. Provider Marks
The Provider grants to Katanbooking a non-exclusive, worldwide, fully paid-up, and royalty-free licence, with the right to sublicense through one or more tiers, to use the Provider’s trademarks, trade names, logos, and other brand identifiers (“Provider Marks”) solely for the purpose of marketing, promoting, and presenting the Services in connection with the Katanbooking Platform. Any use of the Provider Marks by Katanbooking shall inure exclusively to the benefit of the Provider. Except for the licence expressly granted under this Agreement, no ownership rights, goodwill, or other proprietary interests in the Provider Marks are transferred to or acquired by Katanbooking.
8.3. Reservation of Provider Rights
As between the Parties, all rights, title, and interest in and to the Provider Content and the Provider Marks, together with all related worldwide intellectual property rights, shall remain vested in the Provider or its respective licensors. Any rights not expressly granted to Katanbooking under this Agreement are reserved by the Provider and its licensors.
8.4. Katanbooking Materials
All content, software, databases, interfaces, designs, documentation, and other materials made available by Katanbooking, together with the Katanbooking Platform and any associated trademarks, logos, and branding (collectively, the “Katanbooking Materials”), and all worldwide intellectual property rights therein, are and shall remain the exclusive property of Katanbooking or its licensors. Except as expressly permitted under this Agreement or with Katanbooking’s prior written consent, the Provider shall not, during or after the term of this Agreement, use, copy, store, reproduce, adapt, translate, modify, distribute, display, perform, transmit, or otherwise exploit any Katanbooking Materials for any purpose.
8.5. Platform Protection and Use Restrictions
The Provider shall not, directly or indirectly: (i) access, extract, collect, or harvest data or content from the Katanbooking Platform through the use of automated tools, scripts, robots, crawlers, scrapers, or similar technologies; (ii) interfere with, bypass, disable, circumvent, or attempt to defeat any technical, security, or access-control measures implemented to protect the Katanbooking Platform or its users; (iii) attempt to analyse, derive, decompile, disassemble, reverse engineer, or otherwise seek to obtain the source code, underlying structure, or trade secrets of any software, systems, or technologies used to operate the Katanbooking Platform; or (iv) engage in any activity that materially interferes with, degrades, disrupts, or threatens the stability, performance, integrity, or proper functioning of the Katanbooking Platform.
8.6. Artificial Intelligence and Automated Processing
The Parties acknowledge that artificial intelligence, machine learning, and automated processing technologies are increasingly used in digital platforms and online marketplaces. Katanbooking may apply artificial intelligence technologies, automated tools, and algorithmic processes to analyze, classify, adapt, enhance, translate, moderate, edit, personalise, or otherwise process Provider Content and related data. Such use may include, without limitation, automated translation, content optimisation, content moderation, data analytics, recommendation systems, and personalisation of user experiences on the Katanbooking Platform.
The Provider acknowledges and agrees that the application of artificial intelligence and automated processing may result in modifications, adaptations, or transformations of the Provider Content (“Content Modifications”). Katanbooking does not warrant the accuracy, completeness, or suitability of any Content Modifications and shall not be liable for any errors, omissions, or inaccuracies arising from the use of such technologies.
The Provider hereby grants Katanbooking the right to use existing and future-developed artificial intelligence technologies and automated processes for the purposes described in this Section, including the right to use, retain, analyse, and derive data, insights, and outputs generated through the application of such technologies to Provider Content. Such data and outputs may be used by Katanbooking to operate, maintain, improve, develop, and enhance the Katanbooking Platform, its services, artificial intelligence models, algorithms, and automated systems, subject to Applicable Law.
For the avoidance of doubt, Katanbooking may generate, use, retain, and commercialise aggregated and anonymised data derived from Provider Content, Bookings, and Platform interactions, provided that such data does not identify the Provider or any individual Customer and is used in compliance with Applicable Law.
8.7. Use of Artificial Intelligence by the Provider
The Provider shall not use any artificial intelligence tools, automated systems, scripts, bots, or data processing technologies in a manner that:
(a) extracts, copies, scrapes, harvests, or replicates any content, data, listings, pricing, customer information, or other materials from the Katanbooking Platform;
(b) attempts to analyse, reconstruct, reverse-engineer, or infer the Platform’s algorithms, ranking logic, pricing structures, recommendation systems, or operational models;
(c) generates, supports, or contributes to the development of any competing marketplace, platform, or service based on data or insights obtained from the Katanbooking Platform;
(d) identifies, collects, stores, or uses Customer data, including contact details or behavioural data, for off-platform marketing, communication, or booking purposes;
(e) generates or sends automated or AI-assisted messages intended to redirect Customers away from the Katanbooking Platform or to facilitate off-platform transactions;
(f) interferes with, manipulates, or attempts to influence search rankings, availability, pricing visibility, or Customer decision-making processes on the Platform.
The Provider remains fully responsible for all Provider Content, including any content generated or assisted by artificial intelligence tools, and shall ensure that such content is accurate, lawful, non-misleading, and compliant with this Agreement.
Any breach of this Section shall constitute a material breach of this Agreement and may result in immediate suspension or termination of the Provider’s access to the Platform, without prejudice to any other rights or remedies available to Katanbooking.
9. Representations and Warranties
9.1. Mutual Representations
Each Party represents and warrants to the other that: (i) it is duly organised, validly existing, and in good standing under the laws of its jurisdiction of incorporation or establishment, and the individual executing this Agreement on its behalf has full authority to bind such Party; and (ii) this Agreement constitutes a legal, valid, and binding obligation of such Party, enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency, or similar laws affecting creditors’ rights generally.
9.2. Provider Representations and Warranties
The Provider represents and warrants to Katanbooking that:
(i) it owns, or otherwise holds all necessary rights, licences, consents, and authorisations to submit the Provider Content and to grant the rights and licences contemplated under this Agreement;
(ii) the Provider Content, and the use thereof by Katanbooking as permitted under this Agreement, does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights, privacy rights, or other proprietary or personal rights of any third party, nor violate Applicable Law;
(iii) all information included in any Service Listing or otherwise provided in connection with the Services is, and shall remain, accurate, complete, and not false, misleading, or deceptive;
(iv) the Services shall be performed in a safe, professional, and competent manner and in full compliance with Applicable Law, applicable regulatory requirements, and generally accepted industry safety standards. The Provider shall be solely responsible for the safety of the Services and shall be responsible for any injury, damage, or loss suffered by Customers or Participants to the extent caused by the Provider’s acts or omissions, breach of the Provider–Customer Contract, negligence, wilful misconduct, or failure to comply with Applicable Law;
(v) the Provider holds and shall maintain, for the duration of this Agreement and until all Bookings have been fully performed or completed, all licences, registrations, permits, approvals, certifications, and authorisations required under Applicable Law in connection with the Provider’s business and the provision of the Services; and
(vi) all individuals engaged by the Provider in the provision of the Services (including employees, contractors, guides, instructors, and other representatives) possess, and shall continue to possess, the necessary skills, training, experience, qualifications, licences, and permits required to perform the Services in accordance with Applicable Law and recognised industry best practices.
9.3. Disclaimers
To the maximum extent permitted by Applicable Law, and except as expressly stated in this Agreement, neither Party makes any representations or warranties of any kind, whether express, implied, statutory, or otherwise, with respect to the activities, services, or arrangements contemplated herein. Without limitation, all implied warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or warranties arising out of course of dealing, course of performance, or usage of trade, are hereby expressly disclaimed. This disclaimer applies, without limitation, to any use of artificial intelligence technologies, automated processing tools, or algorithmic systems.
The Katanbooking Platform, the Katanbooking Materials, and any content, functionality, or services made available through the Platform are provided “as is” and “as available”, without warranty of any kind. Katanbooking does not warrant that: (i) the Platform will meet the Provider’s specific requirements or expectations; (ii) access to or operation of the Platform will be uninterrupted, timely, secure, free from viruses or other harmful components, or error-free;
(iii) any content made available through the Platform will be accurate, complete, current, or free from defects or unauthorised alterations.
Katanbooking does not assume responsibility for the accuracy, completeness, or reliability of Customer-related data or information provided by third parties. The Provider acknowledges that Katanbooking does not guarantee any minimum number of Bookings, sales volume, revenues, or business results.
Without limitation, Katanbooking does not verify and does not guarantee the accuracy, completeness, or reliability of any participant information provided by Customers, including information relating to age, health condition, physical ability, certifications, or other participation requirements. The Provider remains solely responsible for assessing whether a Customer or Participant meets the requirements for participation in the Services.
Katanbooking does not guarantee the financial ability, solvency, or payment performance of any Customer and shall not be liable for any losses arising from Customer non-payment, payment failures, or payment disputes.
Katanbooking reserves the right, at any time and in its sole discretion, to modify, update, suspend, enhance, restructure, or discontinue any aspect of the Katanbooking Platform, including its content, features, layout, algorithms, or functionality, without prior notice, to the extent permitted by Applicable Law.
10. Indemnification
10.1. General Indemnity
Each Party (the “Indemnifying Party”) shall defend, indemnify, and hold harmless the other Party and its directors, officers, employees, agents, and affiliates (the “Indemnified Party”) from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, penalties, fines, settlements, costs, and expenses of any kind (including reasonable legal, accounting, and professional fees) arising out of or relating to a Covered Claim.
For purposes of this Agreement, a “Covered Claim” means any third-party claim arising from or relating to: (a) a breach of this Agreement by the Indemnifying Party; (b) a violation of Applicable Law by the Indemnifying Party; or (c) the negligence, wilful misconduct, or unlawful acts or omissions of the Indemnifying Party or any person acting on its behalf.
10.2. Provider-Specific Indemnification
Without limitation to the general indemnity set out above, the Provider shall defend, indemnify, and hold harmless Katanbooking and its affiliates, directors, officers, employees, and agents from and against any and all claims arising out of or relating to: (i) the performance, non-performance, or improper performance of the Services; (ii) any personal injury, illness, death, or property damage suffered by any Customer, Participant, or third party in connection with the Services; (iii) any failure by the Provider to comply with applicable safety, health, or regulatory requirements; and (iv) any act or omission of the Provider’s personnel, contractors, guides, or representatives.
For the avoidance of doubt, such indemnification shall include any refunds issued to Customers, costs of replacement or alternative services, chargebacks, payment disputes, and any related operational, customer support, or administrative costs incurred by Katanbooking as a result of the Provider’s acts or omissions.
10.3. Defence and Control
The Indemnifying Party shall assume the defence of any Covered Claim at its own expense promptly upon written notice of such claim, using legal counsel reasonably acceptable to the Indemnified Party, and shall bear all costs associated with such defence. The Indemnifying Party shall have primary control over the defence and settlement of the Covered Claim, provided that: (i) the Indemnified Party may participate in the defence at its own expense; and (ii) no settlement shall be entered into without the Indemnified Party’s prior written consent if such settlement would impose any admission of liability, obligation, or restriction on the Indemnified Party, or otherwise adversely affect its rights, which consent shall not be unreasonably withheld.
10.4. Provider Content Infringement Claims
In the event of any third-party claim alleging that the Provider Content infringes or misappropriates any intellectual property, privacy, or proprietary rights (a “Provider Content Infringement Claim”): (a) the Provider shall keep Katanbooking reasonably informed of the status and handling of such claim; and (b) if the Provider fails to resolve, or to make reasonable and material progress toward resolving, the Provider Content Infringement Claim within fifteen (15) days following receipt of notice, Katanbooking may, at its option, assume control of the defence of such claim at the Provider’s expense, using counsel and defence strategies reasonably acceptable to the Provider.
The Provider may participate in the defence and any settlement discussions at its own expense and shall have the right to approve any settlement that includes an admission of liability, financial obligation, or other binding commitment on the Provider, such approval not to be unreasonably withheld.
11. Insurance
During the term of this Agreement, and thereafter until all outstanding or previously accepted Bookings have been fully performed or otherwise resolved, the Provider shall maintain adequate insurance coverage appropriate to the nature of its business and the Services. Such insurance shall include, at a minimum, comprehensive general liability insurance covering bodily injury, personal injury, property damage, and other risks customarily insured against in the relevant industry, written on an occurrence basis, or an equivalent liability insurance basis providing substantially similar protection, to the extent commercially available on reasonable terms in the Provider’s jurisdiction, and with coverage limits reasonably appropriate in light of the Services, the Provider’s location, and prevailing industry standards.
Where motor vehicles are used in connection with the performance of the Services, the Provider shall maintain automobile liability insurance with coverage limits and scope no less than those required by compulsory law in the jurisdiction where the Services are provided.
The Provider acknowledges that such insurance shall respond to and cover indemnification claims brought under this Agreement. Upon reasonable request, the Provider shall use reasonable efforts to name Katanbooking and its affiliates as additional insureds under the applicable insurance policies, to the extent commercially available on reasonable terms in the Provider’s jurisdiction and permitted by the insurer.
To the extent commercially available on reasonable terms in the Provider’s jurisdiction, such insurance shall be primary and non-contributory with respect to any insurance maintained by Katanbooking and shall respond before any insurance or self-insurance maintained by Katanbooking is called upon.
The Provider shall provide Katanbooking, through the Provider administration interface or otherwise in writing: (a) details of the insurance carrier(s) and applicable policy expiry dates; and (b) updated insurance information promptly upon renewal, replacement, lapse, or material modification of any required policy.
Upon reasonable request, the Provider shall provide copies of relevant insurance certificates, policy excerpts, or other evidence of coverage, together with confirmation of payment of applicable premiums.
Failure by the Provider to maintain valid and adequate insurance coverage in accordance with this Section shall constitute a material breach of this Agreement. Katanbooking may suspend, restrict, or remove the Provider’s Service Listings and/or access to the Platform until satisfactory evidence of compliant insurance coverage has been provided.
For the avoidance of doubt, the Provider shall not be deemed in material breach of this Section solely because a particular insurance endorsement, additional insured status, or primary and non-contributory wording is not commercially available on reasonable terms in the Provider’s jurisdiction, provided that the Provider maintains liability insurance that is reasonably appropriate for the nature and risk profile of the Services and complies with the mandatory insurance requirements of Applicable Law.
12. Limitation of Liability
Katanbooking shall be liable to the Provider only to the extent required by Applicable Law and solely for: (i) damages arising from Katanbooking’s wilful misconduct or gross negligence;
(ii) damages resulting from injury to life, body, or health caused by Katanbooking’s negligence; and (iii) damages arising from Katanbooking’s material breach of this Agreement.
For the purposes of this Section, a “material obligation” is an obligation whose performance is essential to the proper execution of this Agreement and upon whose compliance the Provider may reasonably rely. In cases of breach of a material obligation caused by simple negligence, Katanbooking’s liability shall be limited to damages that were reasonably foreseeable and typical for this type of agreement at the time of entering into the Agreement.
To the maximum extent permitted by Applicable Law, any further liability of Katanbooking is excluded. Without limitation, Katanbooking shall not be liable for:
- damages resulting from temporary interruptions, limitations, or unavailability of the Katanbooking Platform due to maintenance, updates, force majeure events, or other circumstances beyond Katanbooking’s reasonable control;
- loss of data, except to the extent of the typical costs of restoring such data that would have been incurred had reasonable and customary backup measures been implemented; or
- any acts or omissions of third parties, including distribution partners, payment providers, or other service providers integrated with or connected to the Katanbooking Platform.
Without limitation, Katanbooking shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of revenue, loss of business, loss of goodwill, or business interruption, even if Katanbooking has been advised of the possibility of such damages.
The Provider’s sole and exclusive remedy with respect to any acts or omissions of a distribution partner shall be to terminate this Agreement in accordance with the applicable termination provisions.
To the maximum extent permitted by Applicable Law, Katanbooking’s total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the greater of: (a) EUR 1,000; or (b) the total amount of Commission actually received by Katanbooking from the Provider during the twelve (12) months immediately preceding the event giving rise to the claim.
The limitations and exclusions of liability set out in this Section shall not apply to liability arising from fraud, fraudulent misrepresentation, wilful misconduct, or any liability that cannot be excluded or limited under Applicable Law.
Nothing in this Section shall limit or exclude the Provider’s liability under this Agreement, including its indemnification obligations, compliance with Applicable Law, or responsibility for the performance and safety of the Services.
13. Data Protection
13.1. Personal Data and Data Protection Compliance
With respect to the processing of Customer Personal Data, Katanbooking and the Provider each act as independent data controllers within the meaning of applicable data protection laws, including the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
Where either Party processes special categories of Personal Data within the meaning of Article 9 of the GDPR in connection with the Services, that Party shall ensure that such processing is carried out only where a valid legal basis and any additional conditions required by Applicable Data Protection Law have been satisfied.
Customer Personal Data collected by Katanbooking may be disclosed or made available to the Provider solely to the extent reasonably necessary for the performance of the Services and the fulfilment of Bookings, and only in accordance with Applicable Law and any lawful data transfer mechanisms. The Provider shall process Customer Personal Data strictly in compliance with all applicable data protection and privacy laws and regulations, including GDPR, and solely for purposes permitted under this Agreement. Such processing includes, without limitation, accessing, collecting, recording, storing, using, transmitting, and deleting Customer Personal Data.
The Provider shall not use Customer Personal Data for any purposes unrelated to the performance of the Services or the fulfilment of Bookings, including for independent marketing, customer solicitation, database building, or any activity intended to bypass or circumvent the Katanbooking Platform, unless the Customer has provided a separate, lawful, and verifiable consent in accordance with Applicable Law.
The Provider shall implement and maintain appropriate technical and organisational measures designed to protect Customer Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or unauthorised access. Upon reasonable request by Katanbooking, the Provider shall provide information or documentation demonstrating that it has established and maintains adequate technical and organisational measures governing the processing and protection of Customer Personal Data in accordance with this Section.
The Provider shall notify Katanbooking of any actual or suspected Personal Data Breach affecting Personal Data processed in connection with this Agreement without undue delay and, where reasonably practicable, within twenty-four (24) hours after becoming aware of the Personal Data Breach.
Where all relevant information is not available at the time of the initial notification, the Provider shall provide the available information without delay and shall supplement the notification as additional information becomes available. The notification shall include, to the extent known at the time:
(a) the nature of the Personal Data Breach;
(b) the categories and approximate number of affected Data Subjects;
(c) the categories and approximate number of affected Personal Data records;
(d) the likely consequences of the Personal Data Breach;
(e) the measures taken or proposed to address the Personal Data Breach and mitigate its possible adverse effects; and
(f) the name and contact details of the person responsible for coordinating the Provider’s response to the Personal Data Breach.
The Provider shall fully cooperate with Katanbooking in investigating, mitigating, documenting, and responding to the Personal Data Breach and shall promptly provide any additional information reasonably requested by Katanbooking.
The Provider shall retain Customer Personal Data only for as long as necessary to fulfil the purposes set out in this Agreement or as required under Applicable Law. Upon completion of the relevant Services and expiry of any applicable legal or regulatory retention periods, the Provider shall securely delete or anonymise such data, unless continued retention is required by law.
13.2. Payment Data Processing
The Provider authorises Katanbooking’s designated payment service providers and any other third parties engaged by Katanbooking for payment, financial, or operational purposes to process such data as is reasonably required to facilitate payments to and from the Provider, to operate payment flows, and to support the operation of the Katanbooking Platform, in accordance with Applicable Law.
13.3. Access to Data
Katanbooking has access to data provided by or on behalf of the Provider, including Provider Account information, Provider Content, Service Listings, pricing, availability, communications, verification and compliance information, transaction information, Booking data, payout information, and performance data generated through the Provider’s use of the Katanbooking Platform. Katanbooking may access and use such data for the operation, security, support, administration, improvement, analysis, marketing, compliance, fraud prevention, and development of the Platform, subject to this Agreement and Applicable Law.
The Provider shall have access through the Provider Dashboard or other tools made available by Katanbooking to data relating to its own Provider Account, Service Listings, availability, Bookings, Customer information reasonably necessary to perform the Services, communications, transactions, payouts, refunds, Commission, Statements, reviews, and such performance or analytical information as Katanbooking makes available from time to time.
The Provider shall not have access to Personal Data, confidential information, individual transaction information, or non-public performance information relating to other Providers or their Customers. Katanbooking may provide the Provider with anonymised or aggregated market, category, search, demand, or Platform performance information that does not identify another Provider or Customer.
Katanbooking may provide data to Payment Processing Partners, Distribution Partners, Connectivity Partners, technology and hosting providers, professional advisers, insurers, fraud prevention and verification providers, and competent governmental or regulatory authorities where necessary for the operation of the Platform, performance of this Agreement, compliance with Applicable Law, protection of legal rights, or another legitimate purpose described in this Agreement or applicable privacy documentation.
Where data sharing with a third party is not necessary for the operation of the Platform or the performance of this Agreement, and Applicable Law requires that the Provider be given a choice, Katanbooking shall provide an appropriate mechanism to opt out of such sharing.
Following termination, the Provider’s access to the Provider Dashboard and Platform data may be disabled. Upon written request made before termination or within thirty (30) days thereafter, Katanbooking shall, where technically feasible and legally permitted, provide the Provider with a reasonable export of the Provider’s own transactional and account data in a commonly used electronic format. Katanbooking may continue to retain and access data after termination where necessary for legal, regulatory, tax, accounting, fraud prevention, security, dispute resolution, archival, or enforcement purposes.
14. Term and Termination
14.1. Term
This Agreement shall enter into force on the Effective Date and shall continue in effect unless and until terminated in accordance with this Section 14. Except as expressly provided in this Agreement, the termination of this Agreement in accordance with its terms shall not, by itself, give rise to any liability of either Party to the other.
14.2. Termination Without Cause
Either Party may terminate this Agreement, in whole or in part (including in respect of specific Services or Service Listings), at any time and without cause, by giving the other Party not less than thirty (30) days’ prior notice. Termination may be initiated electronically through the relevant functionality made available in the Provider’s account on the Katanbooking Platform.
14.3. Termination for Cause
Either Party may terminate this Agreement with immediate effect by written notice to the other Party if the other Party commits a material breach of this Agreement and such breach: (a) is incapable of remedy; or (b) is capable of remedy but has not been cured within fifteen (15) days following receipt of written notice describing the breach in reasonable detail, or within such longer period as the non-breaching Party may expressly allow in writing.
Termination for cause may also be notified electronically through the Provider Account or by another durable medium. Any such notice shall identify the contractual ground for termination and, to the extent permitted by Applicable Law, the material facts and circumstances giving rise to the decision.
Where Katanbooking terminates the Provider’s access to the Katanbooking Platform in its entirety, Katanbooking shall ordinarily provide the Provider with at least thirty (30) days’ prior notice together with the statement of reasons.
The thirty (30) day notice period shall not apply where Katanbooking:
(a) is subject to a legal or regulatory obligation requiring it to terminate or restrict access in a manner that does not allow the relevant notice period;
(b) exercises a right of termination for an imperative reason recognised under Applicable Law;
(c) reasonably determines that immediate action is necessary to address fraud, unlawful activity, serious safety concerns, cybersecurity risks, falsified documentation, deliberate circumvention, or an imminent risk to Customers, the Platform, or Katanbooking’s legal or regulatory position; or
(d) can demonstrate that the Provider has repeatedly breached this Agreement.
14.4. Interim Measures and Platform Remedies
Without limiting its right to terminate this Agreement, where Katanbooking reasonably considers that the Provider is in breach of this Agreement, that Customer interests may be adversely affected, or that the integrity, security, or reputation of the Katanbooking Platform may be at risk, Katanbooking may implement one or more of the following proportionate measures: (i) issue a warning or request corrective action; (ii) remove, suspend, or restrict access to specific Service Listings or Provider Content; (iii) temporarily limit or suspend the Provider’s access to the Katanbooking Platform; (iv) cancel one or more Bookings and issue full refunds to affected Customers, irrespective of standard cancellation terms; (v) suspend the acceptance of new Bookings; and/or (vi) withhold, defer, or offset payouts in accordance with this Agreement.
Such measures may be applied individually or in combination and shall not be deemed exclusive of any other rights or remedies available to Katanbooking under this Agreement or Applicable Law. Where Katanbooking determines that the Services are associated with an unusually high level of chargebacks, suspected fraud, or other serious deficiencies, Katanbooking may temporarily disable the relevant Service Listings pending further review.
Katanbooking may apply a graduated enforcement framework, including warning, temporary restriction, suspension, and permanent ban. In cases of fraud, deliberate circumvention, falsified documentation, or serious safety violations, immediate termination and permanent exclusion from the Platform may apply. Re-registration after termination shall require Katanbooking’s prior written approval.
Where Katanbooking restricts or suspends the Provider’s access to the Katanbooking Platform, removes, restricts, suspends, or demotes a Service Listing, suspends the acceptance of new Bookings, or applies another measure materially affecting the Provider’s ability to offer Services, Katanbooking shall provide the Provider with a statement of reasons on a durable medium before or at the time the measure takes effect.
The statement of reasons shall identify the relevant contractual ground and, to the extent permitted by Applicable Law, the material facts and circumstances giving rise to the decision. Where prior disclosure would compromise an investigation, Platform security, fraud prevention, Customer safety, or compliance with Applicable Law, Katanbooking may provide the statement of reasons as soon as reasonably practicable after the measure takes effect.
Katanbooking shall not be required to disclose information where such disclosure is prohibited by Applicable Law, would undermine the detection or prevention of fraud or other unlawful activity, would create a material security or safety risk, or would disclose protected confidential information or Personal Data of another person.
14.5. Review of Restrictions, Suspensions, and Termination Decisions
The Provider may request an internal review of any restriction, suspension, removal, demotion, permanent ban, or termination decision in accordance with Section 17.2.
The submission of a complaint or review request shall not automatically suspend the relevant measure. Katanbooking may, however, suspend, modify, or withdraw the measure while the review is pending where it considers this appropriate.
Where Katanbooking determines that a restriction, suspension, removal, demotion, permanent ban, or termination was imposed in error or is no longer justified, Katanbooking shall reinstate the affected Provider Account, Service Listing without undue delay, subject to any technical, legal, safety, or compliance requirements.
14.6. Consequences of Termination
Upon termination of this Agreement for any reason, Katanbooking shall cease accepting new Bookings in respect of the Provider. This Agreement shall nevertheless continue to apply, to the extent necessary, to the resolution of all existing or outstanding Bookings (the “Remnant Bookings”), whether by completion or cancellation. Katanbooking may, at its discretion, cancel some or all Remnant Bookings and offer affected Customers either a full refund or alternative services of comparable value. Any Remnant Booking not cancelled shall be performed in accordance with its original terms and this Agreement.
Termination shall not affect any rights or obligations accrued prior to the effective date of termination. Provisions relating to payments and set-off, intellectual property, data protection, disclaimers, indemnification, limitation of liability, dispute resolution, and any other provisions which by their nature are intended to survive termination shall remain in force following termination.
Without limitation, Katanbooking may retain, withhold, or delay payouts following termination where reasonably necessary to address refunds, chargebacks, disputes, fraud risks, compliance requirements, or any outstanding obligations of the Provider under this Agreement.
Once all Remnant Bookings have been fully resolved, Katanbooking shall remove the Provider Content and Provider Marks from the Katanbooking Platform within a reasonable timeframe, subject to any continued use expressly permitted under this Agreement for legal, regulatory, archival, or compliance purposes.
Katanbooking may, following termination, deactivate or delete the Provider Account and associated data, subject to any retention obligations under Applicable Law or this Agreement.
The Provider’s obligations relating to non-circumvention, confidentiality, data protection, and any restrictions on the use of Customer data shall continue to apply following termination of this Agreement to the extent necessary to protect Katanbooking’s legitimate commercial interests.
15. Travel Agencies and Distribution Partners
Notwithstanding any other provision of this Agreement, certain Distribution Partners integrated with or accessible through the Katanbooking Platform may operate as travel agencies or similar intermediaries (each, a “Travel Agency”).
Where Services are sold or distributed through a Travel Agency, the Parties acknowledge and agree that the following arrangements may apply:
(i) the Travel Agency may act as the Customer or as an intermediary acting on behalf of one or more Customers in connection with the purchase of the Services, including by organising group bookings through the Katanbooking Platform;
(ii) such purchase may be subject, in whole or in part, to the applicable terms and conditions of the relevant Travel Agency. In the event of any conflict between the terms of this Agreement and the terms and conditions of a Travel Agency, the provisions of this Agreement shall prevail as between Katanbooking and the Provider, unless expressly agreed otherwise in writing;
(iii) the Travel Agency may collect payment from one or more Customers and shall be responsible for making payment for the relevant Booking, either directly through the Katanbooking Platform (including via designated payment service providers such as Stripe) or through other payment arrangements approved by Katanbooking;
(iv) the Travel Agency may, in connection with its role as Customer or intermediary acting on behalf of Customers, provide customer-facing services, including handling inquiries, issuing partial or full refunds, or arranging alternative services;
(v) for the purposes of this Agreement, the Retail Price shall be the price of the Services as determined by the Provider in the Service Listing, irrespective of whether the payment is made directly by a Customer or via a Travel Agency;
(vi) where this Agreement refers to amounts being “charged to Customers” or “collected from Customers,” such references shall include, where applicable, payments made by a Travel Agency acting as the Customer or on behalf of Customers.
For the avoidance of doubt, the involvement of a Travel Agency shall not relieve the Provider of its obligations under this Agreement with respect to the performance of the Services, compliance with Applicable Law, or cooperation in relation to Customer claims, disputes, or regulatory matters, except to the extent expressly stated herein.
16. Connectivity and Technical Integration
16.1. Connectivity Partners
Where the Provider elects to integrate with the Katanbooking Platform through a third-party connectivity, channel management, or integration provider (a “Connectivity Partner”), this Section shall apply.
The Provider acknowledges and agrees that Katanbooking may share the Provider’s Confidential Information and Booking-related information with the applicable Connectivity Partner to the extent reasonably necessary to enable the technical integration and operation of the Services.
The Provider shall be solely responsible for its relationship with the Connectivity Partner and shall ensure that: (i) Katanbooking is granted the right to access and use the Connectivity Partner’s application programming interface (“API”) to the extent required for the purposes of this Agreement; (ii) the Connectivity Partner provides adequate and timely technical support to ensure the proper and uninterrupted functioning of the API and related integrations; (iii) the Connectivity Partner does not impose any fees, charges, or other costs on Katanbooking in connection with such integration; (iv) the Connectivity Partner is bound by confidentiality obligations that protect Katanbooking’s Confidential Information at least to the same standard as set out in this Agreement; (v) the Connectivity Partner does not use any Confidential Information of Katanbooking, or any data transmitted between Katanbooking and the Provider through the API, for any purpose other than enabling the technical operation of the integration, and in particular does not use such information for competitive purposes, independent data analytics, or commercial exploitation; (vi) the Connectivity Partner implements and maintains appropriate technical and organisational safeguards, in line with industry best practices, to protect all data exchanged via the integration against loss, destruction, alteration, unauthorised access, or disclosure; and (vii) where required under Applicable Law, the Provider enters into an appropriate data processing or data protection agreement with the Connectivity Partner.
The Provider acknowledges that Katanbooking shall not be responsible or liable for any disruption, loss, or damage arising from or relating to connectivity failures, technical issues, or the acts or omissions of any Connectivity Partner. Where the Provider grants a Connectivity Partner access to manage or modify Provider Content or Booking-related data, the Provider shall remain fully responsible for ensuring that the Connectivity Partner complies with the Provider’s obligations under this Agreement.
Katanbooking reserves the right to suspend, restrict, or disable any integration with a Connectivity Partner where it reasonably determines that such integration poses a risk to the security, stability, performance, or integrity of the Katanbooking Platform, or where the Connectivity Partner fails to comply with the requirements set out in this Section.
In the event of any discrepancy between data maintained by the Provider (or its Connectivity Partner) and data reflected on the Katanbooking Platform, the data maintained within the Katanbooking Platform shall prevail for the purposes of Bookings, availability, and Customer-facing information.
16.2. Provider API Integration
Where the Provider elects to connect directly to the Katanbooking Platform using its own API or technical interface, the Provider hereby: (i) grants Katanbooking a non-exclusive right to access and use such API solely for the purposes of performing this Agreement; (ii) undertakes to provide reasonable technical support necessary to ensure the proper and reliable operation of the integration; and (iii) shall implement and maintain appropriate technical and organisational measures, consistent with industry best practices, to protect all data transmitted through its API against loss, unauthorised access, disclosure, or alteration.
The Provider shall be solely responsible for any errors, inaccuracies, or inconsistencies in Provider Content, availability, pricing, or Booking-related data transmitted via its API or through any Connectivity Partner, including any resulting Customer claims, refunds, or operational disruptions.
17. General Provisions
17.1. Non-Exclusive Relationship
The relationship between Katanbooking and the Provider is non-exclusive. The Provider remains free to offer its services through other sales channels or platforms, including those that may compete with the Katanbooking Platform. Likewise, Katanbooking may promote, list, or offer services that are similar to or competitive with the Provider’s Services, whether directly or through other providers.
Nothing in this Agreement shall be construed as creating any partnership, joint venture, franchise, employment, fiduciary, or general agency relationship between the Parties. Katanbooking’s limited role as an online booking and payment collection intermediary shall not confer upon Katanbooking any authority other than the authority expressly granted under this Agreement.
17.2. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Cyprus, excluding its conflict of laws principles.
Any dispute, controversy, or claim arising out of or in connection with this Agreement, including its validity, performance, breach, or termination (a “Dispute”), shall be resolved in accordance with the procedures set out in this Section 17.2.
17.2.1. Good Faith Negotiations
In the event of a Dispute, the Parties shall first seek to resolve the matter amicably through good faith negotiations. Each Party shall designate a duly authorised representative to participate in such discussions.
If the Dispute has not been resolved within thirty (30) Business Days from the date on which one Party notified the other Party of the Dispute in writing, either Party may proceed in accordance with Section 17.2.2.
17.2.2. Mediation (Optional Step)
If the Parties mutually agree, the Dispute may be submitted to mediation conducted by a neutral mediator under rules agreed by the Parties. Unless otherwise agreed in writing, the costs of mediation shall be shared equally between the Parties, and each Party shall bear its own internal costs and legal expenses. Failure to reach a settlement through mediation shall not prevent either Party from initiating legal proceedings in accordance with Section 17.2.3.
17.2.3. Jurisdiction and Litigation
Where a Dispute is not resolved through negotiation or, where applicable, mediation, the courts of the Republic of Cyprus shall have exclusive jurisdiction to settle such Dispute. The Parties expressly waive any objection to such courts on the grounds of venue, jurisdiction, or forum non conveniens, to the extent permitted by Applicable Law.
17.3. Amendments
Katanbooking may amend this Agreement by providing the proposed amended terms to the Provider on a durable medium, including through the Provider Dashboard or by electronic mail. The notice shall identify the proposed Amendment Effective Date.
Katanbooking shall ordinarily provide at least four (4) weeks’ prior notice before an amendment becomes effective. The notice period shall in any event be no shorter than fifteen (15) days. Katanbooking shall provide a longer notice period where this is reasonably necessary to allow the Provider to make technical, operational, or commercial adaptations required to comply with the amendment.
During the notice period, the Provider may terminate this Agreement by written notice. Notwithstanding Section 14.2, such termination may take effect no later than the day immediately preceding the Amendment Effective Date, unless the Provider selects an earlier lawful termination date.
The Provider may also reject the amendment by written notice submitted before the Amendment Effective Date. Unless otherwise agreed, such rejection shall be treated as notice of termination under the preceding paragraph, and the Agreement shall terminate before the rejected amendment takes effect.
If the Provider does not terminate or reject the amendment and continues to access or use the Katanbooking Platform on or after the Amendment Effective Date, the Provider shall be deemed to have accepted the amendment.
The notice period shall not apply, or may be shortened, where Katanbooking:
(a) is subject to a legal or regulatory obligation requiring an amendment in a manner that does not allow compliance with the applicable notice period; or
(b) is required to amend the Agreement urgently to address an unforeseen and imminent danger relating to fraud, malware, spam, data breaches, cybersecurity risks, Customer safety, or another material risk to the Platform, Providers, or Customers.
Katanbooking shall not apply amendments retroactively unless the retroactive application is required to comply with a legal or regulatory obligation or is clearly beneficial to the Provider.
Except as expressly provided in this Section, any individually negotiated amendment to this Agreement shall be valid only if made in writing and agreed by authorised representatives of both Parties. Electronic acceptance shall have the same legal effect as a handwritten signature to the extent permitted by Applicable Law.
17.4. Assignment
Neither Party may assign, transfer, or otherwise dispose of any of its rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of the other Party, such consent not to be unreasonably withheld, delayed, or conditioned. Notwithstanding the foregoing, and without the need for the other Party’s consent: (i) either Party may assign this Agreement in its entirety to an affiliate of that Party; (ii) either Party may assign this Agreement in connection with a bona fide merger, acquisition, internal reorganisation, or sale of all or substantially all of its business or assets.
Katanbooking may also delegate or assign any of its rights or remedies under this Agreement to an affiliate or related entity for the purposes of operating or enforcing this Agreement. Affiliate means any entity that directly or indirectly controls, is controlled by, or is under common control with Katanbooking Ltd., where "control" means the direct or indirect ownership of more than fifty percent (50%) of the voting rights or the power to direct the management and policies of such entity.
Any purported assignment made in violation of this Section shall be null and void. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns.
No assignment permitted under this Section shall relieve the assigning Party of its obligations under this Agreement prior to the effective date of such assignment.
17.5. Notices
Any notice or other communication required or permitted under this Agreement shall be made in writing and delivered by hand, recognised courier service, registered or certified mail, or electronic mail with confirmation of delivery.
In addition, Katanbooking may provide notices to the Provider through the Communication Tools or other notification mechanisms available on the Katanbooking Platform.
Notices shall be sent to the contact details specified by the relevant Party in this Agreement or as otherwise notified in writing from time to time.
Any notice sent by electronic means shall be deemed received on the date of transmission, provided that no delivery failure notification has been received by the sending Party.
17.6. Force Majeure
Neither Party shall be liable for any failure or delay in the performance of its obligations under this Agreement to the extent such failure or delay results from events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, epidemics or pandemics, governmental actions, labour disputes, failures of utilities or communications networks, or other comparable events (“Force Majeure Event”).
The affected Party shall promptly notify the other Party of the occurrence of a Force Majeure Event and shall be excused from performance of the affected obligations for the duration and to the extent of the impact of such Force Majeure Event.
If a Force Majeure Event continues for a period of fourteen (14) consecutive days or more and materially affects the performance of this Agreement, the unaffected Party may terminate this Agreement upon written notice, without liability.
For the avoidance of doubt, the occurrence of a Force Majeure Event shall not automatically relieve the Provider from its obligations to cooperate with Katanbooking in relation to Customer communications, refunds, or alternative arrangements, to the extent reasonably possible.
17.7. Interpretation and Severability
For the purposes of this Agreement: (a) the term “including” shall be construed as “including, without limitation”; and (b) general words shall not be interpreted restrictively by reason of their association with words denoting a particular category, class, or example.
Headings, captions, and section titles are included for convenience only and shall not form part of this Agreement nor affect its interpretation. If any provision of this Agreement is determined by a court or competent authority to be invalid, illegal, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to render it valid and enforceable, or, if such modification is not possible, severed from this Agreement. In either case, the remaining provisions shall continue in full force and effect.
The Parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely reflects the original intent and economic effect of the affected provision.
No presumption or rule of interpretation or construction shall apply against a Party solely because that Party drafted or proposed any provision of this Agreement, to the fullest extent permitted by Applicable Law.
17.8. Confidentiality
Each Party shall keep confidential and shall not disclose to any third party any Confidential Information received from the other Party, except: (i) as necessary for the performance of this Agreement or as otherwise expressly permitted herein; or (ii) where disclosure is required by Applicable Law, regulation, or a valid order of a court or competent governmental authority.
Katanbooking may disclose Confidential Information to its affiliates, subcontractors, service providers, or other related entities, provided that such recipients are bound by confidentiality obligations no less protective than those set out in this Agreement.
Each Party shall apply commercially reasonable safeguards to protect the Confidential Information of the other Party, which shall in no event be less stringent than the measures it applies to protect its own confidential information of a similar nature and importance.
17.9. Independent Contractors and Entire Agreement
The Parties are independent contractors. Nothing in this Agreement shall be deemed to create any partnership, joint venture, franchise, employment, fiduciary or general agency relationship between the Parties.
Katanbooking acts as an independent online platform operator and, for the limited purposes expressly stated in this Agreement, as the Provider’s authorised online booking and payment collection intermediary.
Neither Party has authority to make representations, incur obligations, enter into agreements or otherwise bind the other Party, except to the limited extent expressly provided in this Agreement.
For the avoidance of doubt, the Provider expressly authorises Katanbooking, through the automated booking process of the Katanbooking Platform, to facilitate and effect the formation of Provider–Customer Contracts strictly on the basis of the Service Listings, Retail Prices, availability, cancellation conditions and other terms submitted or approved by the Provider through the Platform.
Except as expressly provided in this Agreement, all rights and remedies set out herein are cumulative and in addition to any rights or remedies available at law, in equity, or otherwise.
This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior or contemporaneous oral or written agreements, negotiations, representations, or understandings between the Parties relating thereto.
Without limiting the foregoing, this Agreement shall prevail over and supersede any terms and conditions governing the use of the Provider’s systems, interfaces, or APIs, or those of any Connectivity Partner, to the extent of any inconsistency.
Any waiver of a breach of this Agreement shall be effective only if made in writing and shall not be deemed a waiver of any subsequent or continuing breach.
Each Party acknowledges that, in entering into this Agreement, it has not relied on any statement, representation, assurance, or warranty other than those expressly set out in this Agreement.
Except as expressly stated in this Agreement, this Agreement is not intended to confer, and shall not be construed as conferring, any rights or remedies upon any third party.
This Agreement may be translated into other languages for convenience. In the event of any inconsistency between the English version and any translated version, the English version shall prevail.
17.10. Provider Complaints and Review of Platform Decisions
The Provider may submit a complaint concerning:
(a) an alleged failure by Katanbooking to comply with this Agreement, Regulation (EU) 2019/1150, or other Applicable Law directly affecting the Provider;
(b) a technical issue directly affecting the Provider’s access to or use of the Katanbooking Platform;
(c) the restriction, suspension, removal, demotion, or termination of a Service Listing, Provider Account, integration, or other Platform functionality;
(d) a payout, refund, chargeback, Commission, fee, deduction, set-off, or Statement dispute;
(e) a ranking, visibility, search, recommendation, or promotional placement decision directly affecting the Provider; or
(f) any other measure taken by, or conduct of, Katanbooking directly relating to the provision of the Katanbooking Platform and directly affecting the Provider.
Complaints may be submitted free of charge through the Provider Dashboard or to the contact address designated by Katanbooking for Provider complaints.
The complaint should contain sufficient information to identify the relevant Provider Account, Booking, Service Listing, transaction, or Platform decision and should describe the grounds of the complaint and the outcome requested by the Provider.
Katanbooking shall consider complaints fairly, transparently, and within a reasonable period, taking into account their importance, complexity, and urgency. Equivalent complaints shall be treated consistently, subject to any material differences in the relevant facts and circumstances.
Katanbooking shall communicate the outcome of the complaint to the Provider individually, in plain and intelligible language, on a durable medium, and shall provide a brief explanation of its decision.
Where Katanbooking determines that a restriction, suspension, removal, demotion, or termination was imposed in error or is no longer justified, Katanbooking shall reinstate the affected Provider Account, Service Listing or functionality without undue delay, subject to Applicable Law and any necessary technical, security, safety, or compliance requirements.
The use of this internal complaint-handling procedure shall not prevent either Party from exercising any right to mediation, legal proceedings, or another remedy available under this Agreement or Applicable Law.
EXHIBIT A
DEFINITIONS
For the purposes of this Agreement, the following capitalised terms shall have the meanings set out below. Terms defined in the singular shall include the plural and vice versa, unless the context requires otherwise.
References in this Agreement to Services being provided to or received by a Customer shall, where applicable, be interpreted as referring to the Participant(s) for whom the Booking is made.
1. Applicable Law. Means all applicable laws, statutes, regulations, directives, ordinances, rules, codes of practice, regulatory guidance, and binding decisions of competent authorities, including those of the European Union and the Republic of Cyprus, as amended or replaced from time to time.
2. Booking. Means a reservation for Services made by a Customer through the Katanbooking Platform or through a booking channel designated or authorised by Katanbooking, whether confirmed instantly or subject to availability confirmation.
3. Business Days. Means any day other than a Saturday, Sunday, or public holiday in the Republic of Cyprus.
4. Commission. Means the percentage-based fee payable by the Provider to Katanbooking in consideration for the intermediary, marketing, distribution, and platform services provided under this Agreement, calculated by reference to the applicable Retail Price and as specified in the Provider Account at the time of confirmation of the relevant Booking.
5. Completed Booking. Means a Booking in respect of which:
(a) the scheduled Service date has passed; and
(b) the Service has either been duly performed by the Provider, or is deemed completed in accordance with this Agreement, including in cases of Customer no-show or late cancellation as specified herein.
6. Connectivity Partner. Means any third-party technology provider, channel manager, connectivity platform, or integration service used by the Provider to connect its systems to the Katanbooking Platform.
7. Confidential Information. Means all non-public, proprietary, or confidential information disclosed by one Party to the other in connection with this Agreement, whether in written, oral, electronic, or other form, including business information, pricing, technical data, Customer data, commercial terms, and transaction data, excluding information that is lawfully in the public domain or independently developed without reference to such information.
8. Covered Claim. Has the meaning given in Section 10.1 of this Agreement.
9. Customer. Means any individual or legal entity that accesses the Katanbooking Platform and books, attempts to book, or pays for Services offered by a Provider.
For the purposes of this Agreement, Services may be provided to one or more Participants designated by the Customer. The Customer shall be responsible for ensuring that all Participants comply with the terms and conditions applicable to the Services, for providing accurate and complete information in respect of all Participants, and for ensuring that such Participants are informed of and accept all relevant terms, conditions, requirements, and restrictions applicable to the Services.
For the avoidance of doubt, the Customer may also be a Participant where the Customer personally takes part in the Services. In other cases, the Customer may act on behalf of one or more Participants and provide information relating to such Participants instead of or in addition to their own information.
10. Customer Personal Data. Means any Personal Data (as defined under GDPR) relating to a Customer or Participant that is processed in connection with a Booking or the performance of Services.
11. Dispute. Has the meaning given in Section 17.2 of this Agreement.
12. Distribution Partner. Means any third party authorised by Katanbooking to distribute, market, or facilitate access to Services offered on the Katanbooking Platform, including Travel Agencies.
13. Effective Date. Means the date on which the Provider first accepts this Agreement electronically, activates its Provider Account, or otherwise begins using the Katanbooking Platform as an approved Provider, whichever occurs first.
14. Force Majeure Event. Means any event or circumstance beyond the reasonable control of a Party that prevents or materially delays the performance of its obligations, including acts of God, natural disasters, war, terrorism, civil unrest, epidemics or pandemics, governmental actions, labour disputes, or failures of utilities or communications networks.
15. Free Cancellation Period. Means the period prior to the scheduled Service date during which a Customer may cancel a Booking without charge, as specified in the applicable Service Listing at the time of booking.
16. Indemnified Party. Has the meaning given in Section 10.1 of this Agreement.
17. Indemnifying Party. Has the meaning given in Section 10.1 of this Agreement.
18. Katanbooking Materials. Has the meaning given in Section 8.4 of this Agreement.
19. Katanbooking Platform. Means the online marketplace, websites, mobile applications, APIs, tools, and related digital infrastructure operated by or on behalf of Katanbooking through which Providers offer and manage Services.
20. Minimum Disbursement Amount. Means the minimum aggregate payout threshold of EUR 100.00 (or the equivalent in the applicable payout currency), as described in Section 4.8 of this Agreement.
21. No-Show. Means either:
(a) the failure of a Customer or Participant to attend the booked Provider Service in accordance with Section 3.8 of these Terms; or
(b) the failure of a Provider, without prior cancellation or another valid reason, to make the booked Provider Service reasonably available at the agreed meeting point, location, date and time,
in each case as determined in accordance with Section 3.8 of these Terms.
22. Participant. Means any individual who takes part in or receives the Services booked through the Katanbooking Platform, whether or not such individual is the Customer who made or paid for the Booking.
23. Provider. Means the legal entity or individual that enters into this Agreement with Katanbooking and offers Services through the Katanbooking Platform.
24. Provider–Customer Contract. Means the legally binding contract formed directly between the Provider and the Customer through the Katanbooking Platform:
(a) for an instant Booking, upon successful payment by the Customer and issuance of the Booking Confirmation; or
(b) for a request-based Booking, after the Provider has approved the Booking request, the Customer has successfully completed payment within the applicable payment window, and the Katanbooking Platform has issued the final Booking Confirmation.
The Provider–Customer Contract is formed between the Provider and the Customer only. Katanbooking does not become a party to that contract.
25. Provider Account. Means the Provider’s registered account within the Katanbooking Platform used to access the Provider Dashboard and manage Services.
26. Provider Content. Means all information, materials, data, text, images, descriptions, schedules, pricing, and other content submitted or made available by the Provider in connection with its Services.
27. Provider Dashboard. Means the administrative interface within the Katanbooking Platform through which the Provider manages its Provider Account, Service Listings, availability, pricing, and related information.
28. Provider Marks. Means the trademarks, trade names, logos, and other brand identifiers of the Provider.
29. Responsible Business Guidelines. Means the ethical, sustainability, compliance, and responsible conduct guidelines referred to in Section 5.4 of this Agreement, as updated by Katanbooking from time to time.
30. Retail Price. Means the final price determined by the Provider and payable by the Customer for the Services, inclusive of all mandatory taxes, charges, fees and other non-optional costs payable to the Provider or required by the Provider as a condition of receiving or participating in the Services.
The Retail Price does not include:
(a) the Katanbooking Service Fee;
(b) genuinely optional goods, equipment, upgrades or additional services; or
(c) a governmental, municipal, venue, admission, permit or other independent third-party charge that cannot reasonably be collected or included by the Provider through the Katanbooking Platform, provided that such charge or the basis for its calculation was clearly disclosed before the Booking was completed.
31. Service Date. Means the scheduled date (and, where applicable, time) on which the Services are to be performed.
32. Service Failure Charge. Means the liquidated damages payable by the Provider to Katanbooking pursuant to Section 3.10 of this Agreement.
33. Services. Means the tours, activities, experiences, rentals, or other services offered by the Provider through the Katanbooking Platform.
34. Statement. Means the consolidated transactional summary made available by Katanbooking to the Provider in accordance with Section 4.7 of this Agreement.
35. Payment Processing Partner. Means any regulated payment service provider, financial institution, acquiring bank, payment processor, payout provider, or other authorised payment intermediary engaged by or on behalf of Katanbooking to facilitate Customer payment collection, payment processing, settlement, refunds, chargebacks, Provider payouts, or related financial operations in connection with the Katanbooking Platform.
36. Travel Agency. Means a Distribution Partner that operates as a travel agency or similar intermediary and acts as a Customer or on behalf of one or more Customers in connection with the booking or purchase of Services through the Katanbooking Platform, as further described in Section 15 of this Agreement.