Terms of Use

Dynamic Rate Solutions SARL

Partner Agencies and Connected Accounts

Last updated: 9 August 2026

Preamble

These Terms of Use (“Agency Terms”) govern access to and use of the Kinko platform (the “Booking Engine”, the “Extranet” and all related APIs and integrations, hereinafter the “Platform”) by any travel agency, tour operator, Channel Manager, OTA or other technical or commercial intermediary connected to the Platform (the “Partner Agency”) of Dynamic Rate Solutions SARL (“Kinko”, “we”).

These Agency Terms apply exclusively to Partner Agencies. Hotels and accommodations distributed on the Platform (“Accommodations”) are governed by the Kinko Terms of Sale, available at: http://localhost:3000/en/terms-of-sale. These Agency Terms are not intended to govern the relationship between Kinko and Accommodations.

These Agency Terms are distinct from and complementary to the Terms of Use applicable to end Travellers/Buyers on the Platform. In the event of a conflict between the two documents on a matter relating to the Partner Agency relationship, these Agency Terms prevail.

1. Purpose and scope
2. Definitions
3. The Kinko Platform
4. Access, registration and Partner Account
5. Partner Agency obligations
6. Transmitted data and content
7. Extranet, API connections and Connected Accounts
8. Free access for the Partner Agency
9. Data protection and confidentiality
10. Intellectual property
11. Service level, availability and support
12. Liability and warranties
13. Term, suspension and termination
14. Amendment of the Agency Terms
15. Governing law and jurisdiction
16. Contact details

1. Purpose and scope

1.1

These Agency Terms define the conditions under which Kinko makes the Platform available to the Partner Agency, as well as the reciprocal rights and obligations of the parties in connection with such use.

1.2

They apply to any travel agency, tour operator, Channel Manager, OTA or other intermediary connected to the Platform via an integration, an API or any other technical means provided by Kinko, for the purpose of searching for, distributing or managing Bookings relating to Accommodations listed on the Platform.

1.3

Accommodations using the Platform to manage and distribute their own inventory are not governed by these Agency Terms, but by the Kinko Terms of Sale available at http://localhost:3000/en/terms-of-sale.

1.4

Access to and use of the Platform by the Partner Agency implies full and unreserved acceptance of these Agency Terms. The Partner Agency acknowledges that it has read these terms before any use of the Platform.

1.5

A specific Partner Agreement (purchase order, framework agreement or letter of engagement) may supplement, clarify or derogate from certain provisions of these Terms for a given Partner Agency; in the event of a conflict, the signed Partner Agreement prevails over these Terms.

2. Definitions

“Platform”: all Kinko software services, including the Booking Engine, the Extranet, connection APIs and related mobile applications.
“Partner Agency”: any natural or legal person (travel agency, tour operator, Channel Manager, OTA or other intermediary) that has created a Partner Account on the Platform.
“Accommodation”: any establishment (hotel, guesthouse, riad, apartment, residence, tourist attraction) listed and distributed on the Platform, governed by its own Terms of Sale with Kinko.
“Connected Account”: the Partner Agency’s account linked to the Platform by an API key or technical integration enabling automated exchange of Accommodation availability, rates and bookings.
“Booking”: any booking relating to an Accommodation, initiated by the Partner Agency via the Platform, directly or via its Connected Account.

3. The Kinko Platform

3.1

Kinko provides the Partner Agency with access to the Platform in one or both of the following modes: (i) the Extranet, a web portal to search Accommodation availability, make Bookings on behalf of its clients and track Booking status; or (ii) a connection via Kinko APIs, allowing the same features to be integrated into the Partner Agency’s own systems (GDS, internal booking tool, website).

3.2

The Platform is not itself an Accommodation: it is a technology tool made available to the Partner Agency for its tourism intermediation activity.

3.3

Kinko is not responsible for the quality, compliance or actual performance of the stay experience offered by the booked Accommodation; that responsibility lies solely with the Accommodation concerned, under its own Terms of Sale with Kinko.

3.4

Kinko reserves the right to evolve, improve, temporarily suspend or modify Platform features, subject to informing the Partner Agency within a reasonable time where the change substantially affects ordinary use.

4. Access, registration and Partner Account

4.1

Access to the Platform is subject to creating a Partner Account and, where applicable, signing a Partner Agreement or accepting a purchase order.

4.2

The Partner Agency undertakes to provide accurate, complete and up-to-date information upon registration (identity, legal status, travel agency licence where applicable, tax information) and to keep it updated throughout its use of the Platform.

4.3

The Partner Agency is solely responsible for the confidentiality of its login credentials and API keys, and for any action carried out from its Partner Account. Any fraudulent or unauthorized use must be reported to Kinko without delay.

4.4

The Partner Agency may designate one or more authorized users (staff, agents, technical subcontractors) to access its Partner Account; it remains solely responsible for those users’ actions vis-à-vis Kinko.

5. Partner Agency obligations

The Partner Agency undertakes to:

Use the Platform in accordance with its intended purpose and the instructions provided by Kinko;
Hold all authorizations, licences and insurance required by applicable regulations for its travel agency or tourism intermediation activity;
Provide Travellers with accurate, complete and non-misleading information on Accommodations, rates, availability and cancellation terms displayed on the Platform, without altering or distorting them;
Honour and enforce any Booking confirmed via the Platform under the terms displayed at the time of booking;
Not use the Platform for fraudulent, misleading or unlawful purposes;
Not circumvent the Platform in order to harm the commercial relationship between Kinko and the Accommodation concerned by a Booking initiated via the Platform;
Cooperate in good faith with Kinko and the Accommodation concerned in the event of a Traveller complaint relating to a Booking.

6. Transmitted data and content

6.1

The Partner Agency is solely responsible for the accuracy of Traveller information (identity, contact details, payment information) it transmits to the Platform when making a Booking.

6.2

Rates, availability, cancellation terms and Accommodation descriptions displayed on the Platform are provided and managed by the Accommodations themselves; Kinko exercises no editorial control over such content and does not warrant its accuracy, without prejudice to its obligation to faithfully relay such data to the Partner Agency.

6.3

The Partner Agency warrants that it holds all necessary rights in any of its own content (logo, marketing materials) transmitted to Kinko in connection with the integration, and grants Kinko a non-exclusive licence to use such content solely for operating the Platform.

7. Extranet, API connections and Connected Accounts

7.1

The Partner Agency accesses availability and makes Bookings either directly via the Extranet (Kinko web portal) or via its Connected Account linked to the Platform by an API key, enabling automatic synchronization of availability searches and Bookings between the Partner Agency’s systems and Accommodations listed on the Platform.

7.2

Any Partner Agency accessing the Platform via the Extranet, an API key or any other technical integration undertakes to fully comply with these Terms, including where access is made on behalf of sub-agents or affiliated sales points.

7.3

The Partner Agency undertakes to use Kinko APIs strictly in accordance with the technical documentation provided, not to exceed the call limits (rate limits) defined by Kinko, and not to attempt to circumvent the Platform’s security measures.

7.4

Kinko does not warrant continuous availability of connections with third-party systems operated by the Partner Agency (GDS, internal booking tools, proprietary distribution engines); any interruption attributable to a third party shall not engage Kinko’s liability.

7.5

In the event of a discrepancy between data transmitted via the Connected Account and data recorded on the Platform, the most recent data confirmed by the Kinko Platform shall prevail between the parties, except in the case of a manifest error.

8. Free access for the Partner Agency

8.1

Access to and use of the Platform (Extranet and APIs) are provided free of charge to the Partner Agency. No subscription, access fee, licence or commission is owed by the Partner Agency to Kinko for use of the Platform or Bookings made thereon.

8.2

Free access does not affect any commercial and financial relationship that may exist between Kinko and Accommodations listed on the Platform, which is governed exclusively by the Kinko Terms of Sale applicable to Accommodations.

8.3

Kinko reserves the right to evolve this free-access model in the future, including by introducing an optional paid offering (advanced features, high transaction volumes, etc.); any such change shall be notified to the Partner Agency under Article 14 and shall not apply retroactively without the Partner Agency’s agreement.

8.4

Unless otherwise stipulated in the Partner Agreement, payments owed by Travellers for a Booking are settled directly with the Accommodation concerned or according to the collection methods specified on the Platform at the time of booking; the Partner Agency owes no amount to Kinko in that respect.

9. Data protection and confidentiality

9.1

Each party undertakes to process personal data of Travellers and users of the Partner Agency’s Partner Account in accordance with applicable data protection regulations.

9.2

Kinko acts as a processor or joint controller depending on the data concerned; the details of respective roles and responsibilities may be set out in a data processing agreement (“DPA”) annexed to the Partner Agreement.

9.3

The Partner Agency undertakes not to use Traveller data obtained via the Platform for purposes other than performing the Booking, and in particular not to use it for direct marketing without the Traveller’s prior consent.

9.4

Commercial, technical and financial information exchanged between the parties in the Partner Agency relationship is deemed confidential and may not be disclosed to third parties without prior agreement, except where required by law or regulation.

10. Intellectual property

10.1

The Platform, its brand, logo, source code, databases and all elements composing it remain the exclusive property of Dynamic Rate Solutions SARL. Nothing in these Terms shall be construed as a transfer of intellectual property rights to the Partner Agency.

10.2

Kinko grants the Partner Agency a non-exclusive, non-transferable right of use, limited to the term of the contract, solely for operating its business via the Platform.

10.3

The Partner Agency shall not reproduce, decompile, reverse-engineer or make any unauthorized extraction of all or part of the Platform’s code, databases or features.

11. Service level, availability and support

11.1

Kinko uses reasonable means to ensure the availability and proper functioning of the Platform, without guaranteeing uninterrupted availability, including in the event of planned maintenance, force majeure or failure of a third-party technical provider (cloud hosting, payment gateway, messaging provider).

11.2

Kinko informs the Partner Agency, where possible, of maintenance operations likely to affect Platform availability.

11.3

Technical support is made available to the Partner Agency under the terms (channels, hours, response times) set out in the Partner Agreement or on the Platform.

12. Liability and warranties

12.1

The Accommodation remains solely responsible, vis-à-vis Travellers and competent authorities, for the actual performance, quality and regulatory compliance of the stay experience offered. The Partner Agency remains solely responsible for the accuracy of information it provides to Travellers and for the compliance of its intermediation activity with applicable regulations.

12.2

Kinko’s liability, as a technology tool provider, shall not be engaged in respect of a dispute relating to performance of the stay, Accommodation quality or any disagreement arising solely from the relationship between the Accommodation, the Partner Agency and the Traveller.

12.3

As access to the Platform is provided free of charge to the Partner Agency, Kinko’s liability, where engaged for a proven breach of these Terms or the Partner Agreement, is limited to direct damages and shall not exceed, over a twelve (12) month period, a fixed amount of one thousand (1,000) Tunisian dinars, except in the event of gross or intentional misconduct by Kinko or a different amount expressly agreed in the Partner Agreement.

12.4

Kinko shall not be liable for interruptions, data loss or malfunctions resulting from force majeure or from a fact attributable to a third party not controlled by Kinko.

13. Term, suspension and termination

13.1

These Agency Terms apply throughout the Partner Agency’s use of the Platform, without prejudice to any specific term provided in the Partner Agreement.

13.2

Kinko may suspend, on a precautionary basis and without notice, the Partner Agency’s access to the Platform in the event of a serious breach of these Terms (fraud, threat to Platform security, breach of Article 5 obligations or infringement of third-party rights), subject to informing the Partner Agency as soon as possible.

13.3

Either party may terminate the Partner Agency relationship under the notice terms set out in the Partner Agreement or, failing that, upon reasonable written notice.

13.4

Termination results in deactivation of the Partner Account and, where applicable, associated Connected Accounts, without prejudice to amounts owed to Kinko for the period prior to termination.

14. Amendment of the Agency Terms

14.1

Kinko may amend these Agency Terms at any time, including to reflect regulatory, technical or commercial developments.

14.2

Any material amendment is notified to the Partner Agency electronically (email associated with the Partner Account or notification on the Platform) with reasonable notice before it takes effect.

14.3

Continued use of the Platform after the amended Terms take effect constitutes acceptance of those Terms by the Partner Agency.

15. Governing law and jurisdiction

These Agency Terms are governed by Tunisian law. In the event of a dispute or disagreement relating to their performance or interpretation, and failing amicable resolution between the parties, only the Tunisian courts shall have jurisdiction.

16. Contact details

For any question relating to these Agency Terms, the Partner Agency may contact Kinko at:

Dynamic Rate Solutions SARL
ICC, Centre Urbain Nord, 1082 Tunis, Tunisia
Tax ID (MF): 1697938W
Email: [email protected]