TERMS AND CONDITIONS FOR HOLIDAY PARTNER
SUBJECT OF THE AGREEMENT- HOLIDAY PARTNER
· The Parties Gogaga Holidays Pvt ltd (as Company) & person /organization or any induvival Mr/ Mrs/ Miss/ M/s --------------------------------------- s/o -----------------------residing/ Operating at -------------------------------------------------------------------------submitting this form online or offline will be Holiday Partner hereby agree as follows:
· The Holiday Partner is bounded to the rules of the Company and his purpose is to promote & support all travel & holiday related services & products defined by the company in the specified location time on time.
· Holiday Partner shall be responsible for arranging / securing bookings of service (Holiday Packages/Flight Tickets/Train & Bus Tickets/ all travel related services developed/ promoted by company and/or any of its associates, employees) at such price and on such terms & conditions as may be stipulated in writing by the Company from time to time. For the purposes of this agreement, any entity which is a holding company or a subsidiary company or is otherwise directly or indirectly controlled by Company shall deem to be an associate of Company.
· Along with this duly signed agreement Holiday Partner shall also submit a copy of his & his company Permanent Account Number (PAN)/Address proof/Firm registration certificate/Bank account details (for credit of sales payout) .
· In case, Holiday Partner wish to publish any advertisement or issue any pamphlet or literature relating to the SERVICES of the Company, you shall ensure the same is in accordance with the standard terms issued by the Company and you shall also seek prior written approval of the Company with respect to the text proposed to be published in such advertisement / pamphlet / literature. Unless otherwise agreed.
· The Company will pay you service charges (commission) in Indian Currency as detailed in the ANNEXURE annexed at the end, for the services for which booking is received through you and your sales team, your representatives & any associates only on the fulfilment of all the conditions herein below stated:-
· All the travel requests and services are done through your registered login id or raised through your registered mail id, In case of online booking done through registered login id.
· You shall be reporting to Company or its representative and all your sales shall be routed through defined process.
· You will be held responsible for all cash collected directly by you or your representatives from the customer, but however, can accept cheques which are drawn in favour of Company and cheques should invariably with A/c payee crossing and should be handed over to Company or its authorized representative on the same day without any time delay.
· The service charges (Commission) shall be inclusive of all the taxes levied by Government of India, time by time. You shall ensure that the provisions of the Foreign Exchange Management act 1999 and any other applicable laws, in so far they relate to mode of payment and acquisition of immovable property by non-resident Indians and foreign nationals of Indian Origin are concerned are complied with if any.
· Holiday Partner shall not assign any or all of your rights and obligations under this nomination to any person/party.
· Holiday Partner shall not have right, title or interest of any nature whatsoever in the Company’s intellectual property(s) and the use of any intellectual property of the Company by you as a part of text/material for advertisement/ pamphlet/ literature shall not confer, assign, convey in your favour any right, title or interest in such intellectual property.
· Any approval / authorization / clearance to be obtained by you from the Company under the terms and conditions hereof, shall be addressed to and obtained in writing from company.
· You shall act/function in a manner which is not prejudicial to the interest of the Company in any way and shall always be above board in your dealing with the Company and also with the customers. You shall maintain highest courtesy and etiquette with the customers.
· The monthly sales calculation period for service / commission payout is between 1st day of every month to last day of the month and all the sales happened on or before last day of every month will only be considered for Monthly Payment of that amount and the “sale” clearly says that the amount realised and holiday confirmed (If the travel or its service is not completed on and before the last of the month the payout will be considered in next cycle)
· In the event, in respect of any service booked through you, if there is a refund to customer in payment of sale value to the Company, you shall be liable to return the service charges received by you for the said service, failing which the Company shall be entitled without prejudice to other rights, to deduct the said amount from any other funds of the Holiday Partner available with the Company and/or from the service charges(commission) payable to you for any other Service.
· Subject to other terms of this agreement :
In case, your nomination is terminated /cancelled due to any reason of
Integrity & non performance and breach of terms & conditions specified
below without prejudice to other rights and remedies, which the Company
may have, you shall be fully responsible for the all consequences and
You shall strictly comply with the terms and conditions of this agreement.
The terms and conditions herewith can be reviewed/revised at the discretion
Of the company and the same shall be intimated to you.
· All or any disputes arising out of or touching upon or in relation to the terms of this nomination letter including the interpretation and validity of the terms here of and the respective rights and obligations shall be settled amicably by mutual discussion failing which the same shall be settled through arbitration. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 or any statutory amendments/modifications thereof for the time being in force. The arbitration proceedings shall be held at an appropriate location in Hyderabad by a sole arbitrator who shall be appointed by the Managing Director of the Company and whose decision shall be final and binding upon the parties. The courts at Hyderabad alone shall have the jurisdiction.
· This nomination letter does not and shall, in no event, be construed as guaranteeing any minimum income/business/service charges to you.
· No failure or delay by the Company in exercising any right or power shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right or power preclude any further exercise of the same or any other right or power.
· Duties of Holiday Partner.
a. To provide required Service & Sales team to support for all the services rendered by Company to the Customers of all Partners, all other associates, company representatives & employees of the company in his location.
b. To provide a retail office at an commercial location of Holiday Partner
admeasuring 500 to 1000 sft to operate the business & services for
Sales team, holiday consultants, company employees and any
representatives of the company in his location.
c. 10% marketing cost of his location need to be borne by Holiday Partner for developing the business at the specified location.
d. To pay the Company for the agreed travel services after receiving the written confirmation in the appointed time from travellers, customers & holiday consultants. To pay the Company for the Services according to its indicate rate.
e. To notify the Company by e- mail about a cancellation of booking made by the client, traveller, holiday consultant, direct partner or any associate of the company as per the process.
f. To notify the Company about a claims made by the client within 3 days from the date of cancellation from the termination request of the travel service.
g. To provide the Company all the necessary documents concerning with at most cooperation.
h. To support the company in promoting their holiday & travel products through various marketing awareness campaign.
· SUPPORT OF THE COMPANY
a. To provide travel services & product to the Holiday Partner through online & offline.
b. To provide the Holiday Partner with sales & marketing materials designs and all necessary Information concerning to the travel services.
c. Dedicated Service and Operations team to assist the customers of Holiday Partner in designing the travel need of his Customers.
d. Support in team building, product training, and group travel assistance.
e. Assistance in Visa requirements, international travel requirements, MICE requirements.
· TERMS OF BOOKINGS
1. Booking requests shall be made by sending in a complete itinerary format as defined by the company with full details of the client by e-mail to or by online submission through our portal.
2. All reservations are subject to availability. The company is obliged to send written confirmation or refusal according to the Holiday Partner within 48 hours of a previewed booking.
3. The Company reserves the right to alter the travel services which does no effect the standard and occupation. The Company will notify in writing by mail and obtain binding acceptance of this change from the Holiday Partner before selling the travel services.
· DURATION AND TERMINATION
The term of your nomination shall be One Year with effect from the date of application is filled and submitted online. This agreement will be auto renewed on expiry of the due date on discretion of the company.
Furthermore, the Company shall have right to terminate this nomination letter by giving 7 days notice in writing on below conditions
a. In Company’s opinion, you are engaged in activities, which are prejudicial to Company’s interest, or any complaint is received by the Company against your conduct, while acting in pursuance of this nomination letter or You are in breach of any other terms & conditions of this nomination letter or when you are associated with any of our competitors, other travel companies for rendering services to our customers.
Either party can also terminate this agreement with immediate effect when:
a. The other party hasn’t fulfilled the duties of the agreement.
b. One party has no means of payment or is declared bankrupt
c. One party is found guilty or involved in any misleading and involved in-disciplinary or found guilty by law.
In the event of sudden termination of this agreement under this or any other provision of this agreement, there shall be no liability of any party to this Agreement, all financial means will be credited to the Company.
· LEGAL JURISDICTION AND GOVERNING LAW
Alternations to this agreement have to be made in writing and signed by both parties to become valid. No oral supplementary agreement is valid.
This Agreement shall be governed, construed, interpreted, and enforced in accordance with the Indian Laws.
Any dispute or matters which arise between the Holiday Partner and The Company will be dealt by the Court in Hyderabad only.
· Fee Payment:
Holiday Partner is entitled to pay a non-refundable fee of INR 2,00,000/- (Two lakhs only) as onetime payment towards joining fee.
COMISSION PAYMENT ANNEXURE