Terms and Conditions
Working terms and Conditions The Windrose Tours 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 Windrose Tours 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.
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 & Train
· Provision of excursion program
· Transfer · Guide service · Tourist Visa · Other services connected with support of the tour.
2. RIGHTS AND LIABILITIES OF THE PARTIES
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
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. REIMBURSEMENT OF EXPENSES
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. SETTLEMENTS OF THE PARTIES
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.
4.4 In the event of delay in payment specified in clause 4.3 of the present contract, “the Commission Agent” should pay “the Trustee” 0,1% penalties of the amounts due and owing to be charged per each day of delay.
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. RESPONSIBILITIES OF THE PARTIES
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. TERMS OF PAYMENT
6.1. The Promoter must receive 30% of all payment within seven (7) days after sending the written confirmation of booking the 70% balance will be forward to the Promoter at least 14 days before the arrival date.
6.2. To book Last Minute tours the Agent shall pay the whole amount at least 3 days before the beginning of the tour. The agent shall send a proof of payment by
mail, fax to the Promoter to confirm this booking.
6.3. In case the Promoter is not getting the agreed amount from the Agent his clients lose the right can not use the travel services.
6.4. When making the payment The Agent shall indicate the particular travel services he wants to pay for.
6.5. The Agent is obliged to pay fine of 0, 2% of the total agreed amount per day for the delay in payment.
7. LIABILITY AND CHARGES
7.1. The Agent must accept financial responsibility for all transactions made under your name or account.
7.2. If the Agent cancels the reservation the Promoter has to apply the following cancellation rules:
30- 16 days before arrival date – 30 % loss of the total price of the travel services.
15- 8 days before arrival date – 50 % loss of the total price of the travel services.
7- 3 days before arrival date – 90 % loss of the total price of the travel services.
less than 3 day before arrival date – 100 % of the total price of the travel services.
7.3. When Agent cancel any reservation commission for this reservation does not take effect.
7.4. The Promoter can apply additional charges to the Agent prior to selling the travel services.
8. ADDITIONAL CONDITIONS
8.1. 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”.
9.1. 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 Delhi India.
10. VALIDITY OF THE CONTRACT
10.1. 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.
10.2. 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.
10.3. The Contract has been made in English languages in two copies, each having identical legal force.
10.4. All alterations and amendments to the present Contract shall be valid if made in writing and signed by authorized representatives of the Parties.