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Travel Agent Service Agreement: Termsandconditions

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TRAVEL AGENT SERVICE AGREEMENT

TERMSANDCONDITIONS Bookings cannot be cancelled or amended after the check


in date. A request should be made in writing to our
This contract is between reservations department to action these requests along
………….……………………………………………………......................... with a letter mentioning the waiver, if any, granted by the
(“the Travel Agent, you and your”) and Tek Travels DMCC hotel.
P.O. Box 34544, Dubai, U.A.E, offering services trading
under the name TBO HOLIDAYS (“we ,us and our”). Payments:

Representative: Bookings transacted from 1stto 15th of the month will be


payable on the last day of that month and bookings
All business is transacted via our Representative (a local transacted from 16thto the end of the month will be
travel agent or other third party is appointed in each payable by the 15thday of the following month.
country to act as our representative to liaise with you and
our other customers) in each of the countries of operation. Invoices will be generated on the date the bookings are
confirmed. All payments in respect of invoices are to be
The details of the Representative as at the date of made into the Representative’s bank account, details of
signature of this agreement are set out in Annexure A. which are set out in Annexure A, or to such other bank
account as we may specify in writing from time to time.
The Representative will deal with all aspects of the The Representative has been appointed as our collection
reservation, booking and payment process. agent in your country.

We may change the Representative and/or any of its Rates and Currency:
details from time to time by notice in writing to you.
All rates quoted are exclusive of your commission but
inclusive of all taxes and service charges .Rates are quoted
Bookings: in USD(Default Currency) but you are entitled to make use
of the local currency when transacting with a consumer (i.e.
All services are booked via our Representative in your your customer).
country and all payments are made to this Representative
in respect of each such booking. Services booked are The option of making use of a local currency can be done
subject to the terms and conditions set out herein. at the time of booking a service but invoices will be issued
in USD only. If payment of the invoice is made in a local
Cancellation and Amendment Deadline: currency, you will be liable to make payment to us at an
exchange determined by us.
For each service booked and confirmed, the Representative
will provide you with a cancellation or amendment deadline Booking Procedures for Hotels & Apartments:
along with any cancellation charges that will apply if the
service is cancelled or amended after the deadline .To avoid If 9 rooms or more are requested it will be considered a
cancellation or amendment penalties, the confirmed travel group booking and the system will automatically redirect
component must be cancelled or amended before the date the request to the Group RFP (request for proposal)
and time specified on the cancellation and amendment module.
deadline.
Hotels /Apartments:
Bookings cancelled or amended after the cancellation and
amendment deadline and before the check-in date will Hotels are classified as5 star, 4 star,3 star and 2 star and 1
carry a penalty which will vary from the equivalent of 1 star and apartments as standard and deluxe categories. The
night’s stay at the applicable hotel up to 100% of the total classification is provided to us by the supplier of the
cost for that booking, depending on the hotel concerned. accommodation component and, while we use reasonable
On acceptance of the cancellation charges, the booking can endeavors to validate and authenticate this information, we
be cancelled or amended and the system will automatically cannot be held responsible or liable for any errata or
generate an invoice for the cancellation charges and any inaccurate information provided to us by the supplier.
additional charges (such as increased charges due to
seasonal fluctuations). The number of guests on the booking must equate to the
room category e.g.: Single-1Adult, Double or Twin–2Adults,

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Triple-3Adultsand Quad-4Adults.Extrabeds for adults and Liability:
children may be requested in which case the booking system
will automatically scan the database and display hotels with Descriptions:
room types and categories that match the search criteria of The descriptions of travel components are provided to us
the number of occupants allowed in the room as per the by the travel component suppliers and passed on by us in
request. good faith. We do not check or inspect the facilities or
services which form part of any travel component .We
If children are being booked, the ages of the children must be accept no liability for the accuracy of travel component,
specified. In most cases breakfast for children is not included descriptions or details nor do we accept liability for any
in the rate especially when a child is sharing the room free of loss incurred by you, the consumer or any other party
charge. relying on these descriptions.

No Shows: Onward sales:


Our contract for the sale of travel components is with
No shows will attract a minimum charge ranging from the you. A consumer purchasing travel components contracts
equivalent of 1 night’s stay at the applicable hotel to 100% of with you and not with us. The onward sale of travel
the total cost for that booking, depending on the hotel components is your responsibility. We do not accept any
concerned. liability for onward sales to a consumer nor do we accept
liability for anything which may go wrong with a travel
Minimum Stays: component. You may not incur any liability on our behalf.

The system will automatically apply the minimum stay We are not responsible or liable for any dispute between
restrictions imposed by the supplier and display the rates and you and a consumer arising from the onward sale of a
availability for the period of the minimum stay even if the travel component. In this regard, you shall ensure that
request is for a period less than the minimum stay. each consumer with whom you contract agrees to the
Cancellation and Amendment, No Shows, Refunds and
Refunds: other relevant provisions of this Agreement, so as to
avoid any disputes between you and the consumer.
Refund requests will only be considered if received by us in
writing from you not less We are not liable to indemnify you or any consumer
than30daysfromthecommencement date of the travel against any negligence, failing, fault or omission on the
component, whether partially utilized or fully un-utilized. part of any supplier, owner or controller of any travel
Requests for refunds will be granted in our sole discretion. component.

Refund requests for partially utilized or fully un-utilized We will use reasonable endeavors ,in these
services will not be considered unless we receive written circumstances, to request a supplier to provide
proof from the service provider that the guest has not alternative arrangements or refund any sum already paid
utilized all or part of the services as specified on the final unless the supplier is bound by contracts with their
confirmation and the supplier confirms in writing that a suppliers which preclude obtaining a refund from them to
refund will apply to the un-utilized services. pass on to the consumer.

The refundable amount provided by the supplier is final Law, Jurisdiction& Arbitration:
including cases when no refund is applicable. A period of
21days is required to process any refund requests .No This Agreement shall be governed by and construed in
further claims will be entertained after a refund request is accordance with the law of the United Arab Emirates.
processed.
Any dispute, claim, difference or controversy arising out
of, relating to or having any connection with this
Agreement, including any dispute as to its existence,
validity, interpretation, performance, breach or
termination or the consequences of its nullity and any
dispute relating to any non-contractual obligations arising
out of or in connection with it (for the purpose of this
clause, “a Dispute”), shall be referred to and finally
resolved by arbitration under the DIFC LCIA Arbitration
Centre Rules (for the purpose of this clause, the Rules).
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Term of Agreement:
The Rules are incorporated by reference into this
Agreement and capitalized terms used in this clause This agreement shall be for an indefinite period and shall
which are not otherwise defined in this Agreement have be deemed to have commenced on the date on which you
the meaning given to them in the Rules. You will, upon first transact on our website or on the date of execution
signature hereof, be deemed to have acquainted yourself hereof, whichever happens first.
with the Rules. Notwithstanding anything contained in
the Rules to the contrary, it is further specifically agreed This agreement may be terminated by either party by
that the number of arbitrators shall be one; that the seat, giving the other of them 30 days notice in writing to such
or legal place of arbitration, shall be the DIFC LCIA effect.
Arbitration Centre, UAE; that the language used in the
arbitral proceedings shall be English and that all General:
documents submitted in connection with the proceedings
shall be in the English language, or, if in another language,
The parties choose the addresses set out herein as their
accompanied by an English translation.
respective addresses for the purposes of giving any notice,
the payment of any sum, the serving of any process and for
If, following the time specified for service of the
any other purpose arising from this agreement. Each of the
Statement of Case, the Statement of Defense, the
parties shall be entitled from time to time by written notice
Statement of Reply/Defense to Counterclaim and/or the
to the other, to vary its chosen address to any other street
Statement of Reply to Counterclaim, as applicable (the
address.
Statements), it appears to the Tribunal that there is or
may be no real prospect of succeeding on any or all of the
No variation of, addition to, consensual cancellation of or
claims made in the Statements or of successfully
waiver of any right arising in terms of this agreement will
defending any or all of the claims made in the Statements,
be of any force or effect unless it is reduced to writing and
the Tribunal may determine such claim(s) by a summary
signed by a duly authorized representative of each of the
procedure if it considers that it is in the interests of justice
parties.
to do so. In the event that a summary procedure is
adopted, the Tribunal shall proceed to determine such
This agreement constitutes the whole agreement between
claim(s) as soon as reasonably practicable. The Tribunal
the parties in relation to the subject matter thereof and no
may call for further short written submissions in relation
party shall accordingly be bound by any undertaking,
to such claim(s) and shall only hold an oral hearing to
representation or warranty not recorded herein.
determine such claim(s) if it feels that it is necessary to do
so. The Tribunal may decide to determine only certain
This agreement may be executed in any number of
claims advanced in the arbitration by the summary
counterparts that together shall constitute one and the
procedure.
same instrument.
The parties agree that, in the event of a breach of this
Agreement, monetary damages would not be an
adequate remedy. In the event of a breach or threatened
breach of any provisions of this Agreement by a party
(“the Defaulting Party”), the other party (“the Innocent
Party”) shall be entitled to injunctive relief in any court of
competent jurisdiction and the Defaulting Party shall
reimburse the Innocent Party for any costs, claims,
demands or liabilities arising directly or indirectly out of a
breach. The Parties hereby irrevocably submit to the
jurisdiction of the United Arab Emirates courts.

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Read and accepted the Terms and Conditions of the You acknowledge that your signature of this agreement
contract constitutes an application by you to become a Travel
Agent to utilize our services. The Representative will
forward the agreement to us for our approval. We may
TEK TRAVELS DMCC (TBO Holidays) grant or withhold our approval in our sole discretion.
Dubai
United Arab Emirates Travel Agent Name and Address
Contact Name:
…………………………………………………………………………………...
Designation:
Signature: ………………………………………………………………….. ………………………………………………………………………………….
Date: ………………………………………………………………………….
…………………………………………………………………………………..

Company Seal Contact Name: …………………………………………………………..


Designation: ………………………………………………………………
*Signature: ………………………………………………………………..
Date: …………………………………………………………………………..
Travel Agent Administrator Details
(* Authorized Signatory of the Travel Agent)
Name: ………………………………………………………………………….
Office ID: ……………………………………………………………………. Company Seal
Sign In: ………………………………………………………………………..
Designation: ……………………………………………………………….
Date: …….…………………………………………………………………….

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ANNEXURE A – DETAILS OF REPRESENTATIVE

NAME:
ADDRESS:
CONTACT PERSON:
CONTACT TEL: _____________________________________________

EMAIL ADDRESS: _____________________________________________

BANK ACCOUNT DETAILS:

Account name: ________________________


Account Number: ________________________
Bank: ________________________
Branch: ________________________
Branch code: ________________________

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