Travel Agent AGREEMENT №

"Georgian Holidays" with local legal name “Turistuli Kompania Jorjian Holideis LLC”, ID CODE: 202355584, VAT certificate no: 083777 referred to as “Tour Operator”, on behalf of CEO, Saba Getsadze on the one hand, and “------------------------------” (Legal name of company Tour Hound Limited) with Tax ID #______________  referred to as " Travel Agent " later referred as “parties”, have signed the present Agreement as follows:

Following terms are used in the present Agreement: 

Tour Operator- A Company that creates, markets inclusive tours and/or performs tour services. 

Travel Agent – the individual or company who sells travel services, issues tickets, provides other travel service information to the traveler(s) at the retail level and pays all the taxes imposed by the legislation of the country of its registration.

Tourist Product – preliminary developed complex of tourist services combining no less than two products: transportation, accommodations, meals, guides, excursions & entrance fees and miscellaneous tourist attractions; 

Tourist – an individual or a person acting on behalf of a group of people traveling together for sightseeing, recreation, pleasure and interest across Georgia or other country for the period of 24 hours up to 90 days without carrying out any paid activity and with the obligation to leave the country or a place of stay by a specified date;

Early Bird Booking – product purchase time limit launched by Tour Operator; 

Tour (round) – a trip according to the certain route in the fixed terms, provided by a complex of tourist services on transportation, accommodations, meals, guides, excursions and entrance fees or miscellaneous tourist services, granted depending on the purpose of a trip; 

Tourist Voucher (permit) - a document confirming the status of a person or group of people as tourists, payment of services or its guarantee and the basis for reception of tourist services by a tourist or group of tourists. 

A Special Sum – reservation deposit for tours according to the program.

FIT - Free independent travelers are visitors who travel alone or in small groups and request no more than 4 rooms. 

Group travel - when 10 or more people all travel together and book more than 4 rooms. 

1. SUBJECT OF AGREEMENT

1.1. Tour Operator provides the Travel Agent a Tourist product for agreed price and Travel Agent receives the purchased services within the prelimenary agreed dates. 

1.2. With the purpose to expand the tourism market and the development of international tourism, Tour Operator entrusts with, and Travel Agent assumes obligations on:

1.2.1. Realizations, on behalf of Travel Agent for Tourist, products proposed by the latter

1.2.2. Formation of tourist groups 

1.2.3. Conduction of advertising-marketing activities for the sake of mutually beneficial cooperation, under conditions articulated below.

2. DUTIES OF THE PARTIES

2.1. Tour Operator is obliged to:

2.1.1. Accept orders from Tourist, as well as notify them through e-mail, about orders on reserved tours, indicating all necessary data as far as possible beforehand, but no later than 3 (three) working days prior to the beginning of tour. 

2.1.2. Give the Travel Agent all travel and other necessary documents for tour completion including Travel Voucher obtained from Tour Operator in a timely manner, and provide them with necessary information according to the requirements of the Law of Georgia «About Tourism». 

2.1.3. Provide satisfaction with formal requirements and conditions described in Travel Voucher. 

2.2. Travel Agent is obliged to: 

2.2.2. Notify Tour operator on Group travel, through e-mail or other means of written communication about orders on reserved tours, indicating all necessary data as far as possible beforehand, but no later than 35 (thirty-five) calendar days prior to the beginning of Group travel. Changes in the orders made after specified term are not allowed. Tour Operator reserves the right to issue cancellation charges in case of changes after the deadline specified by Tour Operator. 

2.2.3. Notify Tour operator for FIT travel, through e-mail or other means of written communication about orders on reserved tours, indicating all necessary data as far as possible beforehand, but no later than 5 (five) working days prior to the beginning of FIT tour. Changes in the orders made after specified term are not allowed. Tour Operator reserves the right to issue cancellation charges in case of changes after the deadline specified by Tour Operator. 

2.2.4. Confirm the purchase of the Tour and provide all the necessary information to the Tour Operator by e-mail other means of written communication in a timely manner. 

2.2.5. Pay the agreed sum for the Tour described in the invoice provided by the Tour Operator complying with Procedure of Payments (section 3). 

2.2.6. Comply with the Conditions of Cancellation described in Appendix 1, section 7. 

3. PROCEDURES OF PAYMENTS

3.1. After acknowledging booking of a Tourist Product (products) ordered by the Travel Agent, Tour Operator provides Pay Advice and Invoice, which at the same time represents a confirmation of order and a subject of payment by the Travel Agent. The latter should pay 30% of total cost of the product as a confirmation of booking in advance.

3.2. Group Travel:

-30% of a total cost is booking prepayment and should be paid by customer within three bank days after reception of the Invoice.

- Full payment should be made by the customer within three bank days after reception of the Invoice but no later than 35 (thirty five) days before tour start date.

 - In case of last-minute booking (made less than 35 days prior to the beginning of the tour), payment should be made in time, not exceeding 2 (two) working days after reception of the invoice, including the day of its receipt. In case of delay of the payment Georgian Holidays reserves right to release accommodation reservations and issue cancellation charges associated with a specific requirement for given dates.

The following forms of payment are available for the customer both for prepayment and final balance payment: 

1. Non-cash transfer to the bank account of Tour operator in USD/EUR. Please note that customer is responsible to cover all bank transfer commissions, including commissions by intermediary bank. 

2. Online payment via website www.georgianholidays.com . In case of online payment 2.35% bank service fee is applied to total sum of the payment.

3.3. FIT Travel:

- 30% of a total cost is booking prepayment and should be paid by customer within three bank days after reception of the Invoice. 

 - Full payment should be made by the customer within three bank days after reception of the Invoice but no later than 14 days before tour start date. 

 - In case of last-minute booking (made less than 14 days prior to the beginning of the tour), payment should be made in time, not exceeding 2 (two) working days after reception of the invoice, including the day of its receipt. In case of delay of the payment Georgian Holidays reserves right to release accommodation reservations and issue cancellation charges associated with a specific requirement for given dates.

The following forms of payment are available for the customer for prepayment of 30%:

1. Non-cash transfer to the bank account of Tour operator in USD/EUR. Please note that customer is responsible to cover all bank transfer commissions, including commissions by intermediary bank. 

2. Online payment via website www.georgianholidays.com . In case of online payment 2.35% bank service fee is applied to total sum of the payment.

The following forms of payment are available for the customer for 70% balance payment:

1. Non-cash transfer to the bank account of Tour operator in USD/EUR. Please note that customer is responsible to cover all bank transfer commissions, including commissions by intermediary bank.

2. Online payment via website www.georgianholidays.com . In case of online payment 2.35% bank service fee is applied to total sum of the payment.

3. Payment by card – Visa/MasterCard: Card payment option is available on travel date only for bookings made for individual travelers (FIT) in Tbilisi only.

The balance amount of 70% will be converted to GEL at the exchange rate of National Bank of Georgia. We use only the exchange rate active at the date of prepayment. Georgian Holidays is not responsible and will not refund any extra charges due to currency conversion rates which might be experienced by the customer during card payment on their accounts. These charges are out of Georgian Holidays' control and they depend on the current exchange rates and policy of the Travel Agent’s bank.

For card payments +3% terminal service fee is applied to total sum.

4. Cash payment:  Cash payment option is available on travel date only for bookings made for individual travelers (FIT) in Tbilisi only. The balance amount of 70% will be converted to GEL at the exchange rate of National Bank of Georgia. We use only the exchange rate active at the date of prepayment.

A failure to carry out conditions described above by the Travel Agent for FIT and Group Travel might serve as the basis for full annulment of tour by Tour operator, with deduction (collecting) corresponding penalties according to the Conditions of Cancellation (Appendix 1, section 7).

Tour Operator is not responsible and will not refund any extra charges due to currency conversion rates which might be experienced by the Travel Agent while card payment on their accounts. These charges are out of Tour Operator’s control and they depend on the current exchange rates and policy of the Travel Agent’s bank.

1. RESPONSIBILITIES OF THE PARTIES

a. Parties bear mutual responsibility under the present Agreement within the limits of the full size caused by the culpable neglect to other Party or inadequate performance of the obligations under the Agreement of losses.

b. Tour operator incurs obligations on performance of all conditions in full, following from the Agreement, according to the current legislation of Georgia, only under condition of performance of requirements of the present Agreement by Travel Agent. However, the Tour Operator does not undertake to pay expenses of the Tourist on accommodation, transport and other services, necessity in which has arisen because of a delay of starts or returning of vehicles due to meteorological, technical conditions or because of strikes and any other force-majeure circumstances.

c. Tour Operator does not bear responsibility and does not compensate damage caused due to occurrence of force-majeure circumstances (unforeseen, inevitable, uncontrollable phenomena and events), which should be officially confirmed by competent bodies of Georgia or the country of temporary stay. 

d. Following is referred to such circumstances: flooding, fire, earthquake, storm, ground subsidence, epidemic, pandemic, and other natural phenomena, and war and military actions, strike in the field or region, and decision accepted by body of the government or management, which caused impossibility to perform the present Agreement.

e. Tour Operator does not bear responsibility for cancelling, delay or other change of a mode of tourist trip for the reasons which are outside of sphere of his/her control, namely: delay of flights due to meteorological conditions and technical reasons, annulment or interruption of the trip due to personal circumstances and other reasons, not dependent on Tour Operator.

f. If, by the decision of government or other competent bodies or officials, tourist is refused to - depart/enter the country, or fly with the air ticket, or reside at the reserved hotel for the reasons of absence of appropriate documents, infringements of the law or causing of anxiety to surroundings, stay in a condition of alcoholic intoxication or infringement of other rules of public behavior, the tourist independently pays all the additional charges which have arisen owing to its illegitimate behavior.

g. Tour Operator does not bear responsibility and does not compensate damage at refusal to the tourist to depart from the home country or enter it from an air carrier or boundary authorities of host countries or transit as a result of untimely or inappropriate registration of passports, or the indication of incorrect data, or for other reasons not connected with performance of obligations by Tour operator under the present Agreement, Tourist bears property responsibility of a tourist as far as reimbursement, connected with deportation of the tourist or canceling of a tour.

h. Through the whole tour, the tourist should have personal papers issued according to laws of his/her home country and the country of temporary stay. In case of default of this condition Tour operator does not bear responsibility for the arisen consequences.

2. OTHER CONDITIONS

a. Appendix 1 to the present Agreement and all subsequent appendixes accepted and signed by authorized representatives of both Parties, are an integral part of the present Agreement.

b. Unilateral change of conditions of the present Agreement is not allowed.

c. All the arrangements reached by Parties within the present Agreement, are drawn up in the form of additional agreements.

d. None of the Parties have the right to pass to the third parties full or partial rights under the present Agreement without preliminary written consent of another Party.

e. Travel Agent, by signing the present Agreement, confirms his/her consent to include electronic address in the database of Tour operator.

3. CONSIDERATION OF DISPUTES

a. All disputes and disagreements, which can arise from the present Agreement, will be resolved whenever possible by negotiations between Parties.

b. In case of impossibility to resolve disputes by negotiations, Parties submit them to the Georgian court for consideration.

4. VALIDITY OF THE AGREEMENT

a. Present Agreement comes into force from the moment of its signing by the Parties and is valid until written annulations from the both sides. Any of the Parties keep the right to cancel the Agreement, having preliminarily notified the other Party no later than 30 days prior to the date of cancellation of the Agreement.

b. Each of the Parties have the right to demand change or cancellation of the Agreement in connection with essential changes of circumstances from which the Parties have proceeded during conclusion of the Agreement.

c. Prescheduled cancellation of the Agreement is drawn up by the Parties in written form with indication of the order of mutual payments.

d. Present Agreement is made in 2 (two) original copies having an identical validity, with one copy for each of the Parties.

APPENDIX 1

Present regulations in Appendix 1 are drawn up according to the Law of Georgia “About Tourism” and other legislative statements, adjusting tourist activity within the territory of Georgia.

The fact of acquisition and participation in tours under the programs of “Travel Company Georgian Holidays LLC” (further – Tour Operator) confirms a full agreement between the Tour Operator and the Travel Agent _______________________ (Legal Name of the Company) with Tax ID #______________ with the present regulations which are an integral part of the Agent Agreement (further – the Agreement).

1. REGISTRATION OF ORDERS AND THEIR VERIFICATION

1.1. Upon the tourist’s request, the tourist should receive the information on availability of a tour.

1.2. The Tour Operator accepts orders from tourists via e-mail with the order for booking tour, indicating the following data: 

a) Itinerary of a trip;

b) Direction;

c) Date of departure and return;

d) Number of people;

e) Full names of tourists in Latin transcription, dates of birth, number of passports;

f) Chosen hotels, category, food regimen, type of accommodation;

1.3. If for any reason, there is no opportunity to confirm the tourist product requested by the tourist (s), Tour Operator offers alternative options. The information on such options is given to the Tourist by Tour operator together with acknowledgement of the price.

2. PRICES

2.1. Price can include the following options:

a) Transfer & Transportation

b) Accommodation in the confirmed hotel or apartments with the selected nourishment 

c) Guide 

d) Excursions 

e) Special activities 

f) Meals

2.2. Tour Operator has complete information concerning services included in the cost of tourist product. In case of any questions and in order to prevent misunderstanding, it is necessary to clarify all questions with Tour Operator prior to the beginning of tour. If any service is not specifically agreed, it is considered not included in the cost of tourist product.

2.3. Quality and content of the services in hotels are defined by the hotel's official category that is determined by competent organs of the country, where the hotel is located.

2.4. According to international hotel standards, the calculated hour at the moment of checking in the hotel is considered 15:00, if there are no specific rules stipulated by some hotels. (The tourist is informed by e-mail). 

3. LUGGAGE

3.1. Tourist's luggage and other personal belongings are not considered as subject of this Agreement. 

3.2. Rules of transport companies are applicable during sea, fluvial, land and air transportation. In this case, passenger ticket is the main document to fix contractual relationships between the Tourist and Transport Company. In the event of luggage loss or damage, tourist should immediately address Transport Company and provide ticket, luggage tag and corresponding written request.

4. AIRPORT

4.1. According to the rules of transport companies and agreements, Tourist must be at the airport no later than 2 hours prior to officially announced time of departure. Tourist is recommended to specify the time of takeoff no later than 48 hours prior to flight.

5. DOCUMENTS

5.1. Each Tourist irrespective of age, including children, should have personal papers issued according to the law of the country of short-term stay, where the period of validity of the passport should expire not earlier than three months after the date of tour. In case the Tourist is refused to enter/exit the country due to incorrect data, absence of indispensable documents, their invalidity or tardy issue by decision of authorities or responsible persons, Tour Operator relieves himself/herself of responsibility for tour and the Tourist covers all the expenses connected with tour annulment or changes in the dates.

6. ALTERATION OF AGREEMENT

6.1. Tour Operator promises to provide Tourist with all ordered, confirmed and paid tourist services in full range. Terms and content of agreement are provided for by the Agreement. Tour Operator is released from these duties under the following circumstances:

a) The abovementioned failure has occurred due to the rise of force major circumstances;

b) The abovementioned failure has occurred due to the circumstances, which the Tour Operator could not envisage or avoid despite all taken measures;

6.2. If Tour Operator cannot provide ordered tourist product due to some circumstances after the signing of Agreement between Travel Agent and Tour Operator and prior to the starting date of tour, Tour Operator has the right to offer Travel Agent to cancel the agreement signed between them with full refund, or accept the entered changes (including changes in prices, if any). Travel Agent should be informed within 2 (two) days.

6.3. Tour Operator does not accept demands concerning compensation for the failure to fulfill conditions of Agreement, if the Travel Agent has agreed to accept changes. If Tour Operator cancels the tour due to any reasons (not through the Tourist's fault) or force majeure circumstances after the signing of Agreement between Travel Agent and Tour Operator and prior to the starting date of tour, Tourist could be offered another analogical tour, upgraded tour or the total reimbursement for the tour. 

7. CONDITIONS OF CANCELLATION

7.1. 7.1 If Travel Agent cancels the booked tour for some reasons not depending on Tour Operator, the following sums are kept back as a fine: 

7.2. For Group Travel:

- Cancellation is free of charge prior 35 days of the starting day;

- 10% of total cost of tourist product in case of cancellation 35-31 days prior to the tour;

- 50% of total cost of tourist product in case of tour cancellation 31-14 days prior to the tour;

- 70% of total cost of tourist product in case of tour cancellation 14-7 days prior to the tour;

- 90% of total cost of tourist product in case of tour cancellation 7-2 days prior to the tour;

- 99% of total cost of tourist product in case of tour cancellation 1 days prior to the tour;

- 100% of total cost of tourist product due to the Tourist's failure to appear at the airport no more than 2 hours prior to departure or non-admission on the flight owing to circumstances beyond the Tour Operator's controls.

7.3. For FIT Travel:

- Cancellation is free of charge prior 14 days of the starting day;

- 50% of total cost of tourist product in case of cancellation 14-2 days prior to the tour;

- 99% of total cost of tourist product in case of tour cancellation 1 days prior to the tour;

- 100% of total cost of tourist product due to the Tourist's failure to appear at the airport no more than 2 hours prior to departure or non-admission on the flight owing to circumstances beyond the Tour Operator's controls.

7.4. The cost of airline tickets is not included in the definition "total cost of tourist product," reimbursement of which (and fine collection in case of such reimbursement) is carried out according to the rules of airline company.

7.5. Rules of the present section are applied both in case of Travel Agent cancellation of tour and impossibility to depart the country on any reasons, not depending on Tour Operator.

8. CLAIMS

8.1. In case of failure to carry out ordered services, the Tourist should notify the representative of the receiving party within 48 hours, so that to take necessary steps, satisfying all involved parties. In this case, a written statement with signatures of both parties (Tourist and representative of receiving party) should be drawn up. The sum of the compensation for failure to implement or for improperly carried out services, included in the obtained tourist product, will be assessed according to the present agreement.

8.2. This sum shouldn't exceed the size, imposed by the legislation of Georgia.

8.3. If Tourist is not satisfied with the measures, taken on the spot to eliminate complaints, Tourist has the right to bring complaint to Tour Operator's office within 20 days after the tour's termination. Tour Operator is obliged to give written response concerning complaint to Tourist within 20 days on receiving the text of complaint. However, Tour Operator reserves the right not to settle the emerging argument with the Tourist other than in legal form, in case the complaint was not reported officially and in time by the Tourist, or was not delivered to Tour Operator's office in timely basis, as provided in this article.