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CONTRACT OF AGREEMNT
ITBC company, as Tour operator for Czech and Central Europe, Antala Staska 34,140 00 Praha 4, Czech Republic on behalf of The Managing Director Mr. Veleriy Prudnikov, working by Licence No. ZIV/U24578/2006/PAR Ev.6 - 310004-19952504 and Travel Agency ___________________________________, having its principal place of business The Director ___________________________________
SUBJECT OF THE CONTRACT
Subject of the present Contract is the organization of group and individual tours in Czech Republic and Central Europe. 1. The TOUR OPERATOR gives to the TRAVEL AGENT the right on sale of tours and services, organized by TOUR OPERATOR, in conformity with conditions of the present Contract. 2. The AGENT spends commercial activity on sale of tours and services of TOUR OPERATOR in conditions of full financial independence and takes up all charges on realization of the specified activity, including cost of advertising, telephone, fax and other kinds of communication and other overhead charges. 3. In case of group travels, the Tour Operator informs the Travel Agency on a minimum quantity of tourists in group.
RESPONSIBILITIES
2.1. The TOUR OPERATOR is obliged: To provide the AGENT with the information materials necessary for promotion and realization of all tourist services; To provide only ground service of tourists of the AGENT; To inform the AGENT about circumstances interfering the performance of separate required services. In case of occurrence of the circumstances interfering TOUR OPERATOR to change the hotel or excursions for the reasons independent of it, it can with the consent of the AGENT, and at its obligatory notice to make replacement of hotel by hotel of a similar category and location, to make replacement in the excursion program. 2.2. The AGENT is obliged: To have necessary sanctions and licenses of authorities for the right of carrying out of the international tourist activity according to the current legislation of the certain country. To realize tourist services, organized by TOUR OPERATOR ITBC and to advertise tourist services organized by TOUR OPERATOR; To inform the tourist on conditions of a trip and in due time to lead up to its data the information on all changes in the program or equivalent replacement of required services; to confirm reception of the information of TOUR OPERATOR about all changes or replacements in the program, and also to inform TOUR OPERATOR on acceptance with changes and-or about refusal of the changed tourist services.
ADDITIONAL CONDITIONS
3.1. The TOUR OPERATOR does not bear the responsibility for health services of tourists in the specified terms of a trip. In all cases charges on health services or transportation of a body are carried out on the basis of conditions of insurance..
TERMS of PAYMENT
4.1. The TOUR OPERATOR defines cost depending on complex of given services. All the additional services asked ,but not stipulated in the appendix or the application, are not a subject of the given contract. 4.2. The AGENT on the basis of confirmed and paid tourist services writes out the voucher of firm TOUR OPERATOR ITBC. Quantity of vouchers strictly accountable and the AGENT monthly directs by fax or by e-mail the list of the used vouchers, including spoiled. 4.3. A necessary condition of performance by TOUR OPERATOR of the obligations is the advance payment the TRAVEL AGENT of 10 % from cost of tour in 3-day term after invoice was send by Tour Operator to Travel Agency. Full payment of round is made in following terms:
- 70 % from cost of round not later than for 30 days prior to the beginning of round,
- 20 % from cost of round - not later than in day of the beginning of round.
4.4. Payment is made by transfer of the sum on the settlement euro account:
| | Name of Company: ITBC s.r.o. Address: 143 00 Praha 4 - Krcska 51 ICO: 26118921 DIC: CZ26118921 Bank: Ceskoslovenska obchodni banka a.s. Address:143 00 Praha 4, Sofijske nam. 5 Account nr.: 164 247 229 / 0300 - EUR IBAN: CZ62 0300 0000 0001 6424 7229 SWIFT: CEKO CZ PP | | 4.5. The TRAVEL AGENT can make depositary payment on the account of TOUR OPERATOR from which , under the application of the TRAVEL AGENT , the necessary sums under the given contract will be subtracted. 4.6. All the prices for service are the prices net.
THE RESPONSIBILITY O THE PARTIES
5.1. Change of hotel or terms of residing is made by registration of the new application. 5.2. Conditions of annulment of tourist service: the AGENT has the right to cancel the reserved or paid tourist services. 5.3. Cancelation sanctions at refusal of the AGENT of tourist service make:
- - till 30 days prior to the beginning of rendering service -0%,
- - from 29 till 14 days prior to the beginning of rendering service - 25 %,
- - from 13 till 7 days prior to the beginning of rendering service-50 % from cost of a given package of tourist services
- - 7 days or less then 7 days -100% from cost of a given package of tourist services
5.4. The TOUR OPERATOR does not bear the responsibility:
- in cases if the tourist was not to a departure time of group or has refused any services during realization of a trip;
- on the problems arising at passage of the passport and customs control;
- In case of a delay or a cancelling of flight on fault of airline and the changes in volume and terms of tourist services. In these cases, the responsibility before the AGENT bears the airline, according to the international rules;
- In case of loss or theft of personal things of the tourist events on fault of the tourist For safety of personal luggage, values and documents of clients of the AGENT during all period of a trip;
- in case of the damage put by tourists to hotel or the third parties;
- in case the client shows claims in occasion of the problems which have arisen during his trip, only after returning. If the client during tour will face any problem, it should inform on it to TOUR OPERATOR through the guide. If guide is not be able to solve it, he will make the report. Claims of the AGENT on service can be shown to TOUR OPERATOR in written form within 20 days after the termination of a trip or granting of service. The TOUR OPERATOR undertakes to consider and answer on the proved claim within 14 days from date of its reception.
5.5. Circumstances, as a result of which performance of obligations of the Contract by both parties is impossible (acts of nature, strikes, military actions epidemic, decisions of the governments, etc.), relieve from the party of the responsibility under obligations. At occurrence of force-major circumstances of the party do not show each other monetary claims.
VALIDITY of the CONTRACT
6.1. The present Contract is valid from the date of signing by both parties and operates within a year. The contract is considered prolonged on next year in case any of the parties has not expressed desire to terminate the present contract after term of its action. 6.2. The parties reserve the right to itself to terminate the Contract. In this case the party - the initiator is obliged to notify in writing other party 1 month prior to date of cancellation.
The ORDER of the DECISION of DISPUTES
7.1. This contract is priority at the sanction of all disputed situations. 7.2. Any changes or amendments for the present Contract are made out as agreed, separate additions and become an integral part of the Contract.
ADDRESSES AND REQUISITES OF THE PARTIESTOUR OPERATOR: ITBC s.r.o. Address: Antala Staska 34,140 00 Praha, Czech Republic Tel. +420 296 508 401 Fax: +420 296 508 400 The Managing Director, Mr. Valeriy Prudnikov
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