This Agreement constitutes the entire understanding between the parties and supersedes any previous communications, representations or agreements, whether written or oral. Hotel and COMPANY (listed as HBC Event Services or HBC) have agreed to and have executed the Agreement by their authorized representative as of the dates on this contract. Any Hotel generated agreement shall be considered supplemental to this agreement regardless if Hotel agreement is executed following completion of this agreement. If Hotel generated agreement and this agreement conflict on any terms, the terms of the Hotel generated agreement shall not supersede the terms of this agreement.
Hotel Rates and Guarantee:
The rates, as established on the Rates and Block by Date grid above, are SELL Rates and therefore inclusive of established rebates and/or commission. All reservations will be guaranteed to the individual’s credit card. All individuals will be responsible for all charges incurred during their stay including, but not limited to, room & tax charges. HBC Event Services will issue an invoice for payment of rebates and/or commission due post departure. The Invoicing section below will apply to this Rate Type. The Hotel agrees that online rates for the same room type must be higher (not the same or lower) than the above listed group rate. This refers to your rates with flexible cancellation through your official website and other third parties and we do not compare our group rates to your prepaid nonrefundable rates. If HBC Event Services or a group/event participant can provide proof of an offer (online or otherwise) for a lower rate with the same concessions, the Hotel agrees to amend the contracted Rate for the entire group to honor the lower rate offered, and the amended Rate will remain subject to the established terms of rebates and/or commission. Please do not send the guest a confirmation email from your PMS, they receive a confirmation email from HBC Event Services upon booking their reservation. If the Hotel has participants or any guests of this Event booked outside of our contracted block Hotel agrees to apply these reservations collected directly as payable to HBC Event Services for all rebates and/or commission as defined above for this Event. All reservations made for this Event (whether booked directly in HBC contracted block or not) will be invoiceable and paid to HBC by Hotel, under the same terms and conditions, for all listed rebate and commission amounts, listed herein. The Hotel agrees that online rates will not have more favorable cancellation policies, amenities, or packages. In the event that the Hotel offers better cancellation policies, amenities or packages for the same room/ rate types online then the Hotel will honor those same policies for our group bookings through the contracted blocks.
Reservations Booking Method:
Reservations will be made directly with HBC Event Services for all group/event participants of this event as based on the established allotment and Hotel agrees to direct any inquiries received to HBC Event Services at 5053460522 or [email protected]. Hotel agrees to apply all reservations collected for group/event participants booked inside or outside our block as payable to HBC Event Services for rebates and/or commission as defined above.
BEFORE 11:59pm MST on the established Block Release Date listed above:
HBC Event Services and the Hotel mutually agree, as described in the Reservation Terms and Reservation Procedures of this agreement, that this room block will be made exclusively available to HBC Event Services for all group/event participants for this event. Hotel agrees to remove and exclusively hold aside the allotted nightly rooms outlined in the Rates and Block by Date grid from Hotel’s general availability.
Changes to the Block Release Date:
Hotel reserves the right to extend and maintain online availability for this event by adjusting and/or reinstating the Block Release Date (only to a future date) at any time via the Group Block Extranet link provided by HBC Event Services. All activity of changes to the Block Release Date, no matter the executing party, will be immediately notified by email to the Hotel and mutually agreed upon execution as an addendum to this agreement. In the event that the Hotel needs to update the Block Release Date to any date prior to its current setting, Hotel must contact HBC Event Services with this request although this cannot be guaranteed and all potential changes are at the sole discretion of HBC Event Services. At such time, all current reservations captured and team hold block requests still in process by HBC Event Services must be honored by Hotel.
AFTER 11:59pm MST on the established Block Release Date listed above:
HBC Event Services will release rights to Hotel of exclusive hold on all of the unused portion of the nightly allotted room inventory upon consumption of the submitted rooming list. HBC Event Services will continue to accept requests from group/event participants and Hotel agrees to accept new reservations & changes requested by HBC Event Services as based on current general availability. Reservations booked after the established Block Release Date are still subject to all terms and conditions in this agreement. If HBC Event Services requests additional rooms from the Hotel of the same room types listed in this agreement, and the Hotel has them available, the Hotel agrees to provide them to HBC Event Services and honor the group NET room rates listed in this agreement and all other terms in this agreement. All new reservations or additional nights should continue to be processed by HBC or be subject to applicable invoicing as outlined in Invoicing below.
Within hotel cancellation Policy:
Within the hotel cancellation policy, the Hotel can begin to directly accept and process changes and cancellations to include in the established group block and be subject to the established terms for applicable MARKUP amounts payable to HBC Event Services.
Invoicing:
When payments on rebate and/or commissions are due, HBC Event Services will provide a post-event rooming list for reconciliation prior to invoicing. Hotel shall have up to 4 business days to submit reconciliations: adjustments, additions, and cancellations. Upon receipt of reconciliations, HBC Event Services will generate and send the formal invoice(s) for payment of rebates and/or commission. If Hotel does not submit reconciliations to HBC Event Services within 4 business days from receipt of post-event rooming list, then the invoice shall be generated and due in full. Hotel agrees to pay all invoices within 30 days of the guest departure or be subject to finance charges equal to 1.5% monthly. Any collection fees incurred by HBC in the collection of past due amounts including, but not limited to, attorney’s fees, expenses, and court costs shall be the sole responsibility of the Hotel.
Cancellations:
Hotel agrees to honor all reservations confirmed by HBC based on the above terms. Unless cancelled by HBC Event Services or the guest directly, all Hotel rooms booked hereunder shall be held for guest arrival until scheduled checkout time the morning following the scheduled arrival date. The Cancellation Policy, as stated above, will be advertised on HBC’s booking site as specified herein. All cancellation penalties incurred will be solely enforced and collected by the Hotel directly from the guest. A guest reducing their length of stay or checking out early is NOT considered a room cancellation. Hotel agrees only to charge individual guests for one night plus tax for cancelling after the Individual Cancellation Policy (for the first night of their reservation). All time-stamped room cancellations requests need to be honored by Hotel based on the terms within the Hotel cancellation/modification policy. The host organization is sometimes forced to cancel an age group/ gender or division of an event. If this happens, the affected teams or individuals that can no longer participate will be able to cancel their reservations without penalty. If at any point in time a guest has a documented injury, medical condition, illness, or death of an immediate family member that prevents them from checking in, Hotel will waive all cancellation fees (if applicable) entirely.
Overbookings:
Should an overbooking occur, and any reservation not be honored by Hotel, any and all obligation for displacement will be the sole responsibility of the Hotel. In the event of an overbooking, it is the Hotel’s obligation to displace every other possible room in the Hotel to resolve the overbooking, regardless of room or reservation type, for all other types of guests/ groups not associated with the Event before displacing HBC’s guests as soon as reasonably possible. In the case an overbooking cannot be resolved onsite at the Hotel, the Hotel must locate and transport a guest(s) to the alternative lodging of equal or better quality that is amenable to the guest and approved in writing by HBC prior to displacement. Hotel will cover all costs associated with such displacement including transportation costs, any additional hotel fees, MARKUP amounts payable to HBC Event Services, and any premium on the nightly rate should the rate be higher than the Hotel NET Rate listed in this agreement. The Hotel that overbooks must also compensate the guest(s) one night’s room plus tax as well as any difference in rate per night for the entire duration of their stay at the selected alternative lodging. If alternative lodging is not available, Hotel shall be solely responsible for any financial or legal ramifications including the minimum value of overbooking to HBC and guest(s) as described above.
Force Majeure:
The performance of this agreement is subject to termination without liability upon the occurrence of any circumstance beyond the control of either party that results in the Event’s cancellation – such as acts of God, war, inclement weather, acts of terrorism, government regulations, pandemics, epidemics, endemics, outbreaks, government actions resulting from a pandemic, epidemic, endemic or outbreak, disaster, strikes, civil disorder, or curtailment of transportation facilities to the extent that such circumstance makes it illegal or impossible for the Hotel to provide, or for groups in general to use, the Hotel facilities. The ability to terminate this agreement without liability pursuant to this clause is conditioned upon the delivery of the written notice to the other party setting forth the basis for such termination as soon as reasonably practical – but in no event longer than ten days after learning of such basis. Should the Event be cancelled due to a cause beyond the Host Organization’s reasonable control then the associated guests shall not incur any cancellation penalties.
Damage Clause:
In the unlikely event that damage to any Hotel property, property rented for groups entertainment or other purposes, occurs as a result of any guest related to Group, Group does not agree to assume any liability or expense and the Hotel may not charge Group’s Master Account or directly bill Group for all such charges. Should any damage occur, the hotel is responsible to identify the individual who is responsible for such actions and hold this individual accountable or take actions against these individuals only. The hotel shall indemnify, defend and hold harmless HBC and its officers, directors, partners, affiliates, members, and employees from and against all demands, claims, damages to persons and/or property, losses, and liabilities, including reasonable attorney fees (collectively “Claims”) arising out of or cause by attendee's negligence or intentional misconduct.
Excused non-performance due to labor dispute:
Notwithstanding anything in this Agreement to the contrary, if performance hereunder would foreseeably involve HBC Event Services in or subject it to the effects of a boycott, strike, lockout, picketing or other labor dispute and HBC Event Services therefore withholds, delays, or cancels performance, it shall have no liability therefrom, provided that HBC Event Services may not withhold, delay or cancel performance based upon a labor dispute involving its own employees. In the event of a cancellation under this Section, neither HBC Event Services nor its members shall have any future obligation under this Agreement, and any deposits or other payments made to the Hotel by HBC Event Services or its members to reserve rooms or other space for use, and/or for services to be provided, shall promptly be refunded to HBC Event Services or its members. This Section shall supersede all other provisions of this Agreement and shall be construed and enforced in accordance with the laws of the State of New Mexico.
Notification of Labor Dispute:
The Hotel agrees to notify HBC Event Services in writing within ten (10) days after it becomes aware of any labor relations dispute involving the Hotel and its employees including, but not limited to, union picketing, the filing of an Unfair Labor Practice charge by a union, the expiration of a negotiated labor contract, an existing or impending strike or lockout or any other matter which could reasonably be construed as a labor management relations dispute.
Signers and Assignments:
Signers of this agreement attest that they are authorized, as invested by the respective business, to sign on behalf of the business and this agreement shall remain valid until the Term of this agreement is satisfied. Signer further authorizes to cause Hotel and HBC to perform in accordance with the terms set forth herein. Changes to employment, including termination of employment of signer, will not affect this agreement or the responsibilities inherent in both Hotel and HBC. Both Hotel and HBC agree to perform the responsibilities and obligations to this agreement. This agreement may be assigned solely by HBC with written notice to Hotel. Hotel may not assign this agreement without written consent from HBC, and any attempted assignment without written consent from HBC shall be null and void.
Consent from HBC will not be unreasonably withheld. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors. This Agreement shall be binding on and be for the benefit of HBC and Hotel and their successors and/or assignees. Hotel shall, during the term of this Agreement, notify HBC in writing of any change in ownership (i.e., control) of Hotel.
This Agreement will be subject to the laws of the State of New Mexico, Bernalillo County with respect to the validity, interpretation, or performance, or of any rights or obligations of the parties, or of any litigation arising out of the breach or enforcement of this Agreement. In the event of any court proceeding, the losing party agrees to pay any and all reasonable attorney’s fees, the judgment, and interest equal to 1.5% monthly starting the 61st day from guest checkout.