Amadeus Business Intelligence Terms

The following additional terms apply to the use of the above-referenced Services. These terms are an integral part of the Agreement.  To the extent of a conflict between the terms below and the terms of the MSSA, the terms below will prevail.  These Amadeus Business Intelligence Terms may be updated from time to time.

1.       “BI Services” means:

1.1.    Demand360®. Demand360 is a business intelligence solution that provides Customer access to information and reports on forward-looking and historical demand for its markets, hotels and its competitive sets (“Demand360”).

1.2.    Agency360®. Agency360 is a business intelligence solution that analyses travel agent booking data across booking channels. It provides comprehensive, data driven insights into past, current, and forward-looking travel agency bookings by market share, revenue, and room nights across Customer’s competitive sets (“Agency360”).

1.3.    RevenueStrategy360™. RevenueStrategy360 is a business intelligence solution that provides rate data and forward-looking market-level occupancy data (“RevenueStrategy360”).

1.4.    Rate360®and Price Position™. Rate360 and Price Position are business intelligence solutions that provide comprehensive market-level and hotel rate data (“Rate360”).

1.5.    Travel Insight Services. Travel Insights is a business intelligence solution that can include market-level historical and forward-looking demand data across booking channels for hotel and alternative accommodations, and key performance indicators of air travel regarding searches, schedules, bookings, and traffic (“Travel Insights”).

1.6.    Data Feed Services. The Data Feed Services are data transfers of the underlying Demand360, Agency360, RevenueStrategy360 and Travel Insight services licensed by Customer to Customer’s system or designated third party system.

Certain BI Services may be licensed at the property level or corporate level.

2.       Support and Training:

2.1.    Amadeus will provide Customer support services via email, phone and live chat.

2.2.    Product training is available via the Amadeus Learning Universe on the Amadeus Service Hub.

2.3.    Amadeus may provide additional product training for an additional fee.

3.       License Use Restrictions.

3.1.    Customer agrees that it will not, nor will it allow or enable any third party, including Customer Properties that do not have active property edition subscriptions, to use or access any version of the BI Services.

3.2.    Customer may not share or disclose, in writing, orally or via any other manner the BI Services or any information in or data derived from the BI Services with Customer Properties that do not have active property edition subscriptions, including employees of Customer Properties.  Furthermore, Customer may not share any information in or data derived from the BI Services regarding one property with any of its other properties.

3.3.    Customer may only use the information obtained through the BI Services for the benefit of Customer and may not share that information with competing or any non-affiliated hotels.

3.4.    Customer must report any activity to Amadeus that reflects or suggests an improper use of any BI Service.

3.5.    Customer must promptly notify Amadeus of any change in ownership or management of a Customer Property. Customer is prohibited from using the BI Services for any purpose not expressly authorized in these terms and conditions. Customer may not (i) derive or ascertain the identity or non-public data of any third-party hotel from the information available via the BI Services; or (ii) develop or create or permit, assist or enable a third party to develop any product or service that competes with the BI Services.

3.6.    A breach of this Section 3 and Section 4 below is a carve-out to any liability cap or other limitation set forth in the limitation of liability section of the MSSA.

3.7.    In order to receive Demand360® Services, Customer must have an active data agreement in place with Amadeus under which Customer or its designated agent is providing data to Amadeus (“Data Agreement”). If the Data Agreement expires or terminates, Amadeus in its sole discretion may terminate the Demand360 Services.

3.8.    With respect to RevenueStrategy360 and Rate360, Amadeus may at any time in its sole discretion, temporarily block or limit the number, frequency, or scope of rate data shop requests from Customer if such requests are deemed excessive or negatively impacting Amadeus systems, customers or business partners. Various criteria in rate shopping data requests may be deemed excessive, including intraday, daily, weekly, monthly, or other frequency of requests, number of competitors in each request, number of sources in each request, number of arrival dates in each request.

3.9.    With respect to corporate level services (e.g., Demand360 Enterprise Edition):

3.9.1.Customer may not provide access, use or any content, information, data or data derived from the BI Services to Customer Properties or management companies.

3.9.2.Customer will configure its access rights and operations so that:              Users and any other individuals authorized to access the BI Services data directly or indirectly may only (i) view data for a specific Customer Property one at a time; and (ii) view data related to a Customer Property if the Customer Property has provided prior written consent for such User to access its data (a copy or other evidence of which should be provided to Amadeus if requested); and              Users cannot compare BI Services data of one Customer Property with another Customer Property (unless the Customer Properties are part of the same group of hotels with common ownership or management group and such comparison would not cause a violation of the Competitive Set Policy.) For avoidance of doubt, BI Services data for a specific Customer Property includes data about that Customer Property’s competitive position, the hotels in its Competitive Set and the data regarding its Competitive Set.

4.       Competitive Set.

4.1.1.Customer must comply with the following Competitive Set Policy, which is designed to ensure BI Services are used in a manner consistent with the intended purpose of supporting Customer’s ability to optimize its business operations within the competitive environment:

4.1.2.Customer must supply all relevant information for a valid competitive set to Amadeus within 7 days of the Agreement Effective Date or Amadeus may select a competitive set at its reasonable discretion.

4.1.3.Amadeus owns all competitive set information.

4.1.4. Amadeus, at its sole discretion, may reject or disable any competitive set if, in its reasonable judgment, it believes or has reason to believe in its sole discretion that a competitive set violates or may violate the Competitive Set Policy or any applicable law, regulation or regulatory guidance.

4.1.5. Amadeus may terminate the applicable Service Order if it is not possible to create a valid competitive set.

4.1.6.Amadeus reserves the right to limit the total number of competitive sets maintained by Amadeus as part of the “Multiple Comp Set Capability” as well as mandate a maximum number of competitive sets.  The current maximum is three (3) competitive sets.

5.       Third Party Services.

5.1.    To the extent that Customer is a subscriber of Demand360 Services and utilizes a third party for data extraction to Amadeus, such third-party service is not covered under this Agreement and Customer is required to enter into an agreement with such third party.

5.2.    If Customer instructs Amadeus to send Customer data to a third party (i.e., Customer’s designated revenue management system) or receive data from a third party (i.e., a property management system), Customer understands and agrees that Amadeus does not have any liability or responsibility for such third parties.

5.3.    Customer understands and agrees that all liability for any data, acts and omissions of such third parties are pursuant to the agreement between Customer and each third party.

6.       Additional Terms.

6.1.    If applicable, Customer will pay for all third-party mitigation charges incurred by Amadeus in defending against distributed denial of services (DDOS) attacks that are specifically directed toward Customer.

7.       Chatbot Terms of Use.

7.1.   The following Terms of Use (“Terms”) are intended to inform users of the limitations and usage guidelines of the artificial intelligence chatbot feature made available to you by Amadeus (“Chatbot”).  The Chatbot is an automated system that is designed to answer questions from users.  The user is defined as the person using the Chatbot.  Please read these terms of use carefully before engaging with the Chatbot. You acknowledge that you are agreeing to these Terms on behalf of yourself and your organization, and you represent and warrant that you have the authority to bind your organization to these Terms.  If you do not agree with these Terms, do not access or use the Chatbot.  If you use the Chatbot, you will be deemed to have accepted the Terms on behalf of yourself and your organization.

7.2.   Use of the Chatbot.  By using the Chatbot, the user agrees:  (i) not to post, send or share defamatory, offensive, intimidating, illegal, racist, discriminatory, obscene or inappropriate content in any form through the Chatbot, (ii) not to use the Chatbot to conduct illegal or immoral activities, (iii) not to attempt to compromise the security of the Chatbot or access confidential information related to the underlying service, (iv) not to copy, frame or mirror, distribute, modify any part of the Chatbot or any of the content or information made available in connection therewith; (v) not to reverse engineer or attempt to reverse engineer, decompile or attempt to extract the source code of the Chatbot or any part that composes it.

7.3.    Disclaimer.  While we strive to provide accurate information through the Chatbot, we do not guarantee the accuracy or the completeness of the information provided. The Chatbot may, at times, provide information that is inaccurate. Therefore, we encourage you to verify any information provided by the Chatbot before taking any action or making any decisions based on the information received.  The Chatbot may contain errors, design flaws or other problems.  We provide no guarantee for the uninterrupted accessibility of the Chatbot.  The Chatbot, including all content, applications, software, functions, materials, and information, is provided “as is,” “with all faults” and without any warranties of any kind, express or implied. Amadeus, and its affiliates and licensors, disclaim all warranties with respect to the chatbot feature, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, and informational content. We expressly reserve the right to modify, add or delete individual or all Chatbot functionalities without notice, or to discontinue the Chatbot temporarily or permanently.   Neither we more or officers, directors, employees, affiliates or our respective representatives accept any liability regarding the information provided and cannot be held liable for any actions, losses, or damages resulting from the use of the Chatbot.  Neither Amadeus, nor its respective affiliates, or licensors warrant or make any representations regarding the operation of the Chatbot, the use, validity, accuracy or reliability of, or the results of the use of the materials available through the Chatbot. Neither Amadeus, nor its affiliates, or licensors warrant that the chatbot, software, materials, products, or services will be uninterrupted or error-free or that any defects in software, materials, products, or services will be corrected.  We reserve the right to modify or revise these terms at any time without prior notice. Your continued use of the Chatbot following any such changes constitutes your acceptance of the revised terms.

7.4.   Reservation of Rights.  The Amadeus business intelligence platform where the Chatbot feature resides, is protected by law, including, but not limited to, intellectual property law.  Chatbot contents, including, without limitation; text, pictures, graphics, source code, and other files as well as the selection and arrangement thereof are intellectual property of Amadeus or its licensors and all rights are reserved. The intellectual property, trademarks, service marks, trade names, and logos, including, but not limited to, page headers, custom graphics, button icons, and scripts (collectively, the “Marks”) used and displayed in the Chatbot are registered and unregistered trademarks, service marks and/or intellectual property of Amadeus Hospitality, Inc. or its licensors, and users may not copy, imitate or use the Marks, in whole or in part, for any purpose other than using the Chatbot to retrieve information already visible through its business intelligence services and only for so long as it has an active agreement for the applicable business intelligence service with Amadeus.  We reserve all rights, title, and interest in and to the Chatbot, the information therein and the data collected therefrom, and all related intellectual property rights thereto. No rights are granted to users hereunder.

7.5.   Feedback.  Be aware that Chatbot conversations may be viewed by our teams. Do not share in your conversation through the Chatbot any personal information, sensitive information or otherwise information you do not wish Amadeus to view as the information you share through the Chatbot is not considered Confidential Information under the terms of your Agreement with Amadeus.  You hereby grant Amadeus a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate any suggestions, enhancement requests, recommendations, or other information or feedback provided in or in connection with the Chatbot, including user data or utilization data, provided by users.  De-identified information may be shared with all who participate in the Chatbot. By using the Chatbot, user consents to the collection, processing, disclosure, and transfer of user data for the above stated purposes.