Travel Partner Agreement

Version 2026-10. This is the agreement a travel partner accepts when registering for the Villa Tracker platform.

Download the Travel Partner Agreement (PDF)

This Travel Partner Agreement (this "Agreement") is entered into by and between Villa Tracker A.G., a Swiss company, of Mettlenstr. 16, CH-3780 Gstaad, Switzerland ("VillaTracker"), and the travel agency, travel agent, travel designer, concierge company or other company registering for the platform (the "Agent").

The Agent wishes to gain access to VillaTracker's network of exclusive private properties for the purpose of making short-term, long-term and sabbatical reservations and bookings for its own clients, using the database, services and platform of VillaTracker. VillaTracker represents a worldwide network of exclusive high-end private properties. The parties wish to cooperate on a non-exclusive basis.

1. Definitions

  • Software means the VillaTracker online software for agents, currently at login.villatracker.com.
  • Property means any chalet, villa, house, apartment or other property made available on the Software, and Owner means its owner or property manager.
  • Renter means the Agent's client for whom a Property is booked.
  • Booking Value or Client Price means the rental price of a booking as displayed on the Software for the Agent to quote to the Renter. It does not include taxes, cleaning fees, security deposits or extra services.
  • Commission means 10% of the Booking Value, unless otherwise agreed in writing for a specific booking.
  • Net Price means the Booking Value less the Commission, i.e. 90% of the Booking Value.

2. VillaTracker's undertakings

During the Term, VillaTracker shall:

  • At VillaTracker's reasonable discretion, make Properties available on the Software in a way that enables the Agent to browse, present to its own Renters, reserve (hold) and book any available Property.
  • Keep Property details and the information required for the booking process updated and available, including presentation materials, calendar availability, rates, and each Property's own terms and conditions.
  • Enable the Agent to present Properties to its Renters unbranded.
  • Reasonably instruct and support users in the proper use of the Software.
  • Display for each Property both the Client Price and the Net Price. The Commission is thereby granted to the Agent up front: the Agent quotes the Client Price to its Renter and pays VillaTracker only the Net Price.
  • In the event that a Renter pays VillaTracker the Client Price directly, pay the Agent the Commission within 30 days after the Renter's check-out, against the Agent's invoice.
  • Use reasonable commercial efforts to ensure that the information on VillaTracker's calendar is accurate. Actual availability is subject to final confirmation by VillaTracker, and written confirmation must be obtained before a reservation is deemed final.
  • On a case-by-case basis, allow a hold on a Property for 24 to 48 hours while the Renter finalises the decision. A hold is placed in the Renter's name and referenced to the Agent.
  • Act as the merchant of record for every booking made under this Agreement.

3. Agent's undertakings

During the Term, the Agent shall:

  • Refrain from allowing unauthorised personnel or third parties to use or access the Software. Login information is disclosed only to employees who need it, and the Agent is responsible for all activity under its login.
  • Internal use only. Treat all information, prices, photos, videos, descriptions, availability and Owner details on the Software as confidential and for internal use only. Property information may be shared with a Renter only privately, through proposals created on the Software, and never published or redistributed online. All rights in such content remain with VillaTracker and the Owners.
  • Not quote any Property to a Renter below the Client Price. The Agent may add its own service fee, provided it is shown to the Renter as the Agent's fee and not as part of the Property's price.
  • Before a booking, pass to the Renter the Property's terms and conditions, including house rules, payment schedule, cancellation and refund policy and security deposit; describe the Property accurately using only the information on the Software; and recommend that the Renter takes out travel insurance.
  • At VillaTracker's request, provide the names and details of prospective Renters, and provide correct guest names, numbers and arrival details for every booking.
  • Security deposits. Collect and handle the security deposit as required by that Property's terms, and settle it with the Renter.
  • Hold any licence, registration or bond required for its business, provide accurate company details on registration, and notify VillaTracker within 14 days of any change to them.

4. Payment

VillaTracker is the merchant of record. The Agent collects payment from the Renter and pays VillaTracker the Net Price, plus any taxes, cleaning fees and extra services applicable to the booking. Taxes, cleaning fees and extra services are charged on top of the Booking Value; the Commission applies to the Booking Value only.

All payments, other than local taxes payable on arrival, must be received by VillaTracker in full before the Renter's arrival, according to the following schedule, unless the booking confirmation states otherwise:

Booking madePayment to VillaTracker
2 months or more before arrival50% within 2 business days of booking; 50% no later than 2 months before arrival
Less than 2 months before arrival100% within 2 business days of booking

Payments can be made by bank transfer or credit card. All credit card costs and all bank and wire transfer charges are borne by the Agent, and VillaTracker must receive the full amount due. If a payment is not received on time, VillaTracker may cancel the booking under the Property's cancellation terms after notice to the Agent.

5. Cancellations and refunds

  • Requests to change or cancel a booking must be made to VillaTracker in writing.
  • Cancellation fees and refunds are according to the terms and conditions of each Property, which may differ and are shown before booking. Any refund is made to the Agent, on the amount the Agent paid, and the Agent settles any refund with its Renter.
  • If an Owner cancels or a Property cannot be delivered as booked, VillaTracker will offer a comparable alternative or a full refund of the amounts paid for that booking.

6. Booking confirmation

A booking of a Property will not be confirmed until VillaTracker has issued written confirmation and has received payment in accordance with Section 4.

7. Registration and approval

Access to the Software is subject to VillaTracker's review of the Agent (due diligence). VillaTracker may request documents, references or a call, and may approve or decline any Agent at its discretion without giving reasons. VillaTracker may suspend the Agent's access at once in case of breach of this Agreement, fraud or misuse of the Software.

8. Data protection

Each party shall process personal data of Renters in accordance with the data protection laws applicable to it, including the Swiss Federal Act on Data Protection and, where applicable, the EU General Data Protection Regulation. The Agent confirms that it has the Renter's permission to share the Renter's details with VillaTracker and the Owner for the purpose of the booking.

9. Liability

  • VillaTracker acts as an intermediary between the Agent and the Owner. The Owner is responsible for the Property and the services provided at it. VillaTracker shall not be liable for the acts or omissions of Owners, Renters or other third parties, or for any indirect or consequential loss.
  • VillaTracker's total liability for any booking is limited to the amount the Agent paid VillaTracker for that booking.
  • The Agent shall indemnify VillaTracker against any claim arising from the Agent's breach of this Agreement or from incorrect information given by the Agent to a Renter.

10. Term and termination

This Agreement comes into force on the Effective Date and remains in force for 5 years (the "Initial Term"), after which it renews automatically for additional periods of 1 year each. During the Term, either party may terminate by serving at least 15 days' written notice. VillaTracker may terminate with immediate effect in case of a material breach by the Agent. Bookings confirmed before termination are completed on their agreed terms.

11. General provisions

  • Non-circumvention. Neither party will solicit or attempt to circumvent the other in any transaction contemplated by this Agreement. During the Term and for 5 years thereafter, details, names and contact information of Renters, potential Renters and Owners must be kept confidential by both parties, except Property addresses, which may be disclosed to Renters once they confirm a booking. VillaTracker shall not approach the Agent's Renters directly to sell to them.
  • Non-solicitation. During the Term and for 1 year after termination, neither party will solicit any officer or employee of the other party to leave their employment.
  • Notices. Other than routine communications, notices must be in writing and are deemed given on delivery in person, on the 4th business day after courier, on the date sent by email during normal business hours, or on the 7th business day after registered mail.
  • No joint venture. This Agreement does not create a partnership, joint venture, employment or agency relationship. Each party is an independent entity.
  • Sales. The sale of properties is not covered by this Agreement and requires a separate written agreement.
  • Governing law. Swiss law applies, and the competent courts in Saanen, Berne, Switzerland have sole and exclusive jurisdiction.
  • Severability. If any provision is held contrary to law, the remaining provisions are unaffected.
  • No waiver. No delay or omission to exercise a right is a waiver of it. All waivers must be in writing and signed.
  • Entire agreement. This Agreement supersedes all prior negotiations and understandings on its subject matter.
  • Amendment. VillaTracker may update this Agreement on at least 30 days' notice by email. Continued use of the Software after that period constitutes acceptance; bookings already confirmed keep the terms in force when they were made.
  • Electronic acceptance. This Agreement may be accepted electronically by the Agent on the Software at registration, which has the same legal effect as a handwritten signature.

Contact

Villa Tracker (Smiling House Ltd)
Mettlenstr. 16
3780 Gstaad
Switzerland
Phone / WhatsApp: +41 79 489 70 21
Email: info@villatracker.com