Terms and Conditions
Terms and ConditionsThis Travel Agency Agreement shall remain in effect for a period of 1 year from the agreement date.Upon the completion of this agreement the Parties may agree to extend for 1 year from the completion date.In the Instance either party shall decline to extend this agreement the agreement shall conclude on the date of declining.
The Travel Agency acknowledges that during the term of this Travel Agency Agreement the following shall remain in effect: The Company shall remain the rightful owner of any and all titles, rights, and interests in the property as well as any materials provided for the completion of this agreement.The Travel Agency will have no rights to sell or trade any material provided by the Company during the term of this agreement.The Travel Agent will not copy or duplicate any material provided by the Company unless previous approval has been granted.The Travel Agency should keep all materials and property included in this travel agency agreement in good working condition.
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1.
SUBJECT OF THE CONTRACT
1.1. “The Commission Agent”
undertakes to sell, on commission and at the expense of “the Trustee” on its
own behalf for remuneration, a package of tourist services (foreign
individual and group tours).
1.2. The package of tourist
services may include:
·
reservation of rooms and accommodation at hotels of the country of
stay;
·
flight;
·
provision of excursion programme;
·
transfer;
·
Other services connected with support of the tour.
2.1. “The Commission Agent” is
obliged:
2.1.1. To sell “the Trustee”
tours only on conditions offered by the Client.
2.1.2. “The Commission Agent”
has no right to sell a tour below the price indicated by “the Trustee”
without preliminary co-ordination.
2.1.3. To inform “the Trustee”
upon his/her demand on the process of fulfillment of the commission.
2.1.4. After fulfillment of
the commission to submit, on demand of “the Trustee”, the report on
fulfillment of the commission with attachment of justification documents.
2.1.5. To use widely for
advertising purposes the information materials submitted by “the
Trustee”.
2.1.6. To inform “the Trustee”
on all changes of legislation of the country
India_ influential on the conditions of the present Contract.
2.1.7. To provide “the
Trustee” with sold tours reports.
2.2. “The Trustee” is obliged:
2.2.1. To ensure fulfillment
of submitted tourist services in the country of stay pursuant to the program
of the tour coordinated between the “Commission Agent” and the “the Trustee”.
2.2.2. To provide the “Commission
Agent” with descriptions of travel routes of travels and other necessary
information.
3.1. The charges concerned with purchase or conversion of the money of
payment as well as remuneration paid to the third parties are to be at the
expense of "the Commission Agent"
4.1. Settlements between the
Parties are to be made on the basis of bills put forward by “the Trustee”.
The bills are to be considered as the integral part of the present Contract. 4.2.
The currency of payment is the US dollar.
4.3. Remittance of monetary
means to “the Trustee” account is to
be made on the fact of realization, but within 3 days from the date of
starting services.
4.5. Final settlements for the
obtained tour can be arranged both with “ the Commission Agent” and with
“Trustee” at the place of arrival.
5.1. Any responsibilities of
the Parties are eliminated in case of force majeur circumstances.
The following shall include
force majeur circumstances under the present Contract: spontaneous natural
calamities, social
phenomena (strikes, military
actions, etc.), decisions of state bodies creating obstacles to fulfillment
of liabilities of the Parties.
5.2.”The Trustee” is not
responsible for any actions of insurance companies and carriers since “the
Trustee” acts as an agent in the interests and on the behaulf of the
“Commission Agent”’s customers. The “Commission Agent” should be informed and
is to inform the Customers about the terms of transportation according to the
agreements concluded by the Customers with airlines or other carriers as well
as about the terms of ticket refund and change, actions which should be taken
when an insured accident occurs.
5.3. “The Trustee” incurs
liability for:
-The quality and safety of
supplied services;
-The compensation of losses caused by the tour cancellation due
to “the Trustee” fault since the order of “the Commission Agent” was confirmed;
5.4. “The Commission Agent”
incurs liability for:
- providing Customers with necessary
and adequate information about the tour;
- the compensation of losses of “the Trustee” in the event the confirmed order is
cancelled by the “the Commission Agent”.
6.ADITIONAL CONDITIONS
6.1. The package of tourist
services that has arrived to the “Commission Agent” from the “the Trustee”,
as well as the monetary assets received by the “Commission Agent” from the
third parties for the sold package tours are the property of the “the
Trustee”.
7. ARBITRATION
7.1. All the disputes and
differences which may arise out of the present contract or in connection with
the same are to be settled by the parties through negotiations. In case the
parties fail to do so, the dispute is to be referred to the Arbitration Court
of ___India.
8.1. The present Contract
comes into the effect on the moment of signing and is valid until the
complete fulfillment of the obligations under the present contract. In the
event none of the parties initiates the termination of the contract it is
considered to be extended for one year.
8.2. The Party willing to
terminate the present Contract ahead of schedule shall warn the other Party
in writing about their intentions not later than 1 month prior to supposed date of termination of the Contract.
8.3. The Contract has been made in the Russian and
English languages in two copies, each having identical legal force.
8.4. All alterations and
amendments to the present Contract shall be valid if made in writing and
signed by authorized representatives of the Parties.
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