Competition Law in Tourism

510 COMPETITION LAW IN TOURISM the consumer for the reservation of lodgings, such as bookings desk, telephone and physical travel agencies. Single Reservation: Reservation of lodging made individually and not part of package of travel composed of other services besides lodging. Metasearch Sites: Websites that use data from other websites to produce results and thus allowing the consumer to compare rates offered in different Online Booking Channels. Clause Three – Obligations 3.1. As of the date of execution of this Agreement, Committed Party may not propose, demand or conclude contracts with lodging providers that contain any of the parity conditions set forth below. (a) That require from their lodging providers any obligation of tariff parity and/or booking conditions in relation to any other online booking channel, except for those of free access to the general public that are controlled, directly or indirectly, by the supplier or its economic group. This exception also includes charges publicly offered by such Online Booking Channels controlled by the lodging provider (or its economic group) through Metasearch Sites. (b) That require from their lodgings providers any obligation of rate parity and/or booking conditions in relation to any off-line booking channel, provided there is no disclosure of tariffs or more advantageous conditions in the free-access online booking channel to the general public of the supplier or its economic group. For the avoidance of doubt, this exception also includes the disclosure of Off-line Reservation Channel rates publicly offered by the lodging provider (or its economic group) through any sites, including Metasearch Sites. (c) That they require from their lodgings providers any obligation of parity of room availability. 3.2. Committed Party undertakes to communicate, in up to 60 (sixty) days, its lodgings suppliers of the obligations assumed in this instrument and, within 120 (one hundred and twenty) days, to amend all its current contracts in order to comply with the obligations set forth in item 3.1. 3.2.1 Committed Party shall keep records of communications and contractual changes arisen from the obligation contained in clause 3.2, throughout the term of this Term of Commitment to, if necessary, attest to CADE its compliance. 3.2.2. If, at any time during the term of this Term of Commitment, CADE requests documents evidencing the records referred to in clause 3.2.1.

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