SALES PARTNER TERMS AND CONDITIONS
SUBJECT OF THE AGREEMENT
The Parties Gogaga Holidays Pvt ltd (as Company) & a person /organization or any Individuals submitting this form online and by paying joining fee will be Sales Partner hereby agree as follows:
The Sales Partner is bound to the rules of the Company and his purpose is to promote & support all travel & holiday related services defined by the company in the specified location time on time.
Sales 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 or any Individuals shall deem to be an associate of Company.
Along with this duly signed ONLINE agreement Sales 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, Sales 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, for the services for which booking is received through you and your sales team, your representatives & any associates only on the fulfillment 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 favor 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.
To enable the Company to make the payment of service charges (commission) to you, you shall raise a bill (invoice) on the Company for service charges within 5 days of receipt of the computerized intimation report from the Company and the Company shall have maximum 10 days time from the date of receipt of your bill to make such payment. 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.
Sales Partner shall not assign any or all of your rights and obligations under this nomination to any person/party.
Sales 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 favor 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 total amount realized 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 Sales 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 specified then, without prejudice to other rights and remedies, which the Company may have, you shall be fully responsible for the all consequences and damages.
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 agreement including the interpretation and validity of the terms hereof 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 agreement 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.
SUPPORT OF THE COMPANY
To provide travel services & products to the Sales Partner or his customers through online & offline.
To provide the Sales Partner with sales & marketing designs and all necessary Information concerning to the travel services.
To train the Sales Partner and mentor them on daily business activities.
To guide the Sales Partner in all marketing & data generation activities.
TERMS OF BOOKINGS
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 firstname.lastname@example.org or by online submission through our portal www.gogagaholidays.com.
All reservations are subject to availability. The company is obliged to send a written confirmation or refusal according to the Sales Partner within 48 hours of a previewed booking.
The Company reserves the right to cancel the booking despite a written confirmation within 48hours without giving a reason.
The Company rejects the booking if the payment is not received on time as per clause 4.1 of cancellation policy.
The Company reserves the right to alter the travel services which does not affect the standard and occupation.
The Company will notify in writing by mail and obtain binding acceptance of this change from the Sales Partner before selling the travel services
TERMS OF PAYMENT
Departure after 15 days:
At the time of Confirmation: Token amount of 50% or as advised by the company need to be paid ( in case of non- refundable flights in the package full amount of ticket is required) Within 12 hours of the token amount remaining amount of ticket needs to be paid and tickets will be released (exception – Group departures tickets are released min 5 days before departure) Land package to be cleared within 15 days before the departure. (In case of non refundable hotels or few destinations or cruise bookings and all other products full amount is required before the deadline mentioned - Rate of exchange difference applicable)
Departure within 15 days:
At the time of Confirmation full amount is required within 48 hours of complete payment tickets and vouchers will be released (exception – group departures). Any payment within the bracket of 10 days from departure should not to be through cheque (other bank).
The above mentioned payment policy will not be considered in the case of peak season travel period or for few travel destination i.e. Kashmir, Andaman, Kerala, Ladakh and Northeast etc.
In that case you will be getting full / balance payment mail from operation team.
In case the Company is not getting the agreed amount from the Sales Partner his clients lose the right to use the travel services.
When making the payment The Sales Partner should indicate the particular travel services he wants to pay for through his registered mail.
LIABILITY AND CHARGES
The Sales Partner must accept financial responsibility for all Cash transactions made under his name or his account.
If the Sales Partner cancels the reservation following cancellation rules are applied by Company
30 Days or more before departure: 35% of the Total Cost
30-15 Days Before departure: 85% of the Total Cost
Less than 15 days before departure: 100% of the Total Cost
For Amaranth Package booking cancellation would be as below
30 Days or more before departure: 60% of the Total Cost
30-15 Days Before departure: 85% of the Total Cost
Less than 15 days before departure: 100% of the Total Cost
Surcharges on Christmas and New Year period. Few destinations which overrules the below policy and come under 100% cancellation.
When Sales Partner cancels any reservation commission for this reservation does not take effect.
In the case of partial or complete breach of contract, caused by unforeseeable events such as fire, war, natural disaster, or any other acts of God perils, as well as legal actions taken by the state, which may have an impact on the fulfillment of the contract the parties, are not responsible for this agreement.
In the event of unforeseen forces the Company will not reimburses and this is on sole discretion of the company not liable to any.
The Party which is unable to fulfill its responsibilities because of the unforeseen forces is obliged to inform the other party immediately but not later than 3 days from the moment the unforeseen forces has occurred. Failure to inform the other Party about the unforeseen forces the agreement shall remain in full forces and effect it does not release the liabilities for this agreement.
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 may be extended by the Company alone for further period of One Year at its sole discretion by giving intimation in writing. If the agreement is not extended, it will expire on without any notice considering a day before of the application submitted online.
The Company may, without assigning any reason, terminate your nomination during the term of this nomination letter by giving 30 days notice in writing or by mail to your registered mail id.
Furthermore, the Company shall have right to terminate this nomination letter by giving 7 days notice in writing if:-
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 o