Ltd. “Vita Travel”

Identification code: 402002667

Address: 43 Silver str, Tbilisi / GEORGIA

Tel: (+995) 555 788811

Agency contract No.

Tbilisi ___ / ___ / 20___

Limited Liability Company Vita Travel (SG 402002667), hereinafter TOUR OPERATOR, represented by the Director of the company Guliver Kiknadze, acting on the basis of the Charter, on the one hand, and ________________________________________, hereinafter AGENT, represented by the Director _______________________, acting on the basis of _________________, on the other the parties have entered into this AGREEMENT on the following:

Subject of the agreement

1.1. The Tour Operator instructs, and the Agent undertakes on his own behalf, on the conditions determined by this Agreement, to sell the tourist product of the Tour Operator. The scheme of mutual settlements between the Tour Operator and the Agent is defined in clause 5 of this agreement.

1.2. Under the tourist product, in this contract we should understand the complex of tourist services, which include: hotel reservations; nutrition; transportation services for the transportation of tourists and their baggage; excursion service; other services that are provided by the Tour Operator upon the special request of the Agent, which is submitted in writing and agreed with the Tour Operator.

1.3. The agent sells the travel product of the Tour Operator to agents in the territory of another state and customers of travel services on the basis of data provided and timely updated by the Tour Operator.

The order of registration and confirmation of applications

2.1. The agent, based on the wishes of the tourist, sends a request to the Tour Operator via email vitatravel2014@gmail.com according to the generally accepted application form.

2.2. The tour operator during 1 (one) working day from the moment of receiving the application confirms acceptance of the order and sends information on the order for coordination with the tourist. After that, the Agent confirms the order and sends the updated request for booking the relevant services. After confirming the order by the Tour Operator, the services are considered booked, and the Agent has the right to conclude an agreement with the tourist (or customer of tourist services) to provide the relevant services or confirm the booking request to the agent in the territory of another state, to which the Agent sells the tourist product of the Tour Operator.

2.3. In case of failure of the Tour Operator to provide the full range of services at the request of the Agent, it notifies the Agent and sends the information for approval.

If the Agent sells travel services without receiving an order confirmation, the Tour Operator is not responsible for losses caused to the tourist (or the customer of travel services).

2.4. Confirmation of the application by the Tour Operator is carried out by invoicing the Agent by email.

2.5. The agent transfers the cost of services, according to the Tour Operator’s invoice, within three banking days from the date of the invoice.

Rights and obligations of the parties

3.1. Duties of the parties:

3.1.1. The tour operator undertakes to provide the Agent with complete, timely and genuine information about the tourist product, rights, obligations, procedure for compensation for harm caused, conditions for refusal of services, rules for crossing the state border, as well as complete and reliable information about the laws and regulations in force in the host country local population.

3.1.2. Clearly respect the confidentiality of information that has become known to the parties in the process of fulfilling their obligations under this Agreement.

Responsibilities of the Tour Operator:

3.2.1. Provide the Agent with promotional and informational materials concerning the tourist product of the Tour Operator.

3.2.2. Accept the Agent’s application in a timely manner.

3.2.3. To book travel services according to the application of the Agent.

3.2.4. Provide, if necessary, visa support in accordance with this Agreement.

3.2.5. Immediately inform the Agent about changes in the cost of the tour, as well as in case of changes in the conditions of the tour.

3.2.6. To make every effort to prevent claims and complaints of tourists in connection with the fulfillment of obligations under this Agreement, and the immediate resolution of conflict situations.

3.2.7. Provide all the necessary conditions for the safety of the Tourist.

3.2.8. In the event of a tourist claims to the quality and timeliness of services, to carry out all necessary measures aimed at solving the tourist’s problems.

3.2.9. Provide the Agent with a voucher for accommodation, excursion service, insurance policy and air ticket if the TOUR OPERATOR assumed obligations to issue these documents no later than 3 working days before the beginning of tourist service.

3.3. The tour operator has the right to:

3.3.1. In case of occurrence of circumstances that impede the provision of tourist services in full and on time, replace them with similar tourist services, including replacing a hotel with a hotel of the same category and higher, within the cost of tourist services.

3.3.2 Receive timely payment for the services provided.

3.3.3. The tour operator, according to this Agreement, acts exclusively as an agent for airlines, hotels, car rental companies and other companies that provide relevant services, and therefore is not responsible for any shortcomings in the operations of airlines, hotels, rental companies and other companies. In turn, the Tour Operator by all available means contributes to the resolution of controversial issues.

3.3.4. To exercise control over the execution by the Agent of the terms of this Agreement, including checking the relevant documents of the Agent related to the fulfillment of the conditions of this Agreement.

3.3.5. The tour operator has the right to increase the cost of travel services due to an increase in transport tariffs, changes in the cost of flights, an increase in prices of partners in organizing a tour, the introduction of new or increase in existing taxes and fees, a change in the rate of national currencies and other objective reasons.

3.3.6. Suspend the validity of this agreement in the event of the Agent’s violation of the settlement procedure provided for in clause 4, as well as in the event that the Agent is in debt.

3.3.7. In case of non-payment by the Agent of the booked and confirmed tourist services according to the invoice, the Tour Operator has the right not to provide the specified services to the tourists.

3.3.8. Do not refund the cost of travel services paid under the Contract, but not used by the tourist on a trip on his initiative or fault. (Due to the illness of the tourist, confirmed by relevant medical certificates, the return of funds is considered on an individual basis).

3.3.9 Use for promotional purposes photographs, videos from the tours.

3.4. Responsibilities of the Agent:

3.4.1. Independently conclude agreements with Tourists on the provision of tourist services on terms that do not contradict this Agreement.

3.4.2. To form an application with the obligatory indication of all the necessary information about tourists.

3.4.3. Provide tourists with information in full about the services provided in accordance with the terms of this Agreement.

3.4.4. Reimburse losses to the Tour Operator caused by not providing or providing incomplete information.

3.4.5. Timely pay the tour operator the cost of travel services in the manner prescribed by this Agreement.

3.4.6. To timely provide the Tour Operator with properly executed documents necessary to ensure the procedure of visa support for tours.

3.4.7. To instruct tourists on the existing customs rules of Georgia.

3.4.8. Check that tourists have all the necessary documents, as well as the correctness of their design.

3.4.9. Provide tourists with health insurance and accident insurance, vouchers necessary for tourist services.

3.4.10. To reimburse the Tour Operator for losses incurred as a result of the Agent’s failure to perform or improperly fulfill their obligations.

3.4.11. When concluding an agreement for tourist services, the Agent is obliged to make sure that the tourists have identification documents and entitle them to enter the territory of Georgia. Documents must be valid for the entire period of stay of the tourist in Georgia, as well as inform the Traveling Party of all facts known to the CUSTOMER of the violation of the tourist customs and visa regime.

3.4.12. To acquaint tourists with the customs of the local population, with religious rites.

3.5. Agent has the right to:

3.5.1. Implement tours at their own price, but not lower than the net price provided by the Tour Operator.

Settlement procedure

4.1. Payment for the cost of the tours is made by the Agent on the basis of the invoices issued by the Tour Operator in accordance with clause 2.5. but

– at least 30 banking days before the start of the tour (for tourist groups – 10 or more tourists);

– no less than 15 banking days before the start of the tour (for individual tourists).

If the Application is submitted within a period of less than five banking days before the start of the tour, the payment must be made by the Agent within two banking days after confirmation of the application and issuing an invoice for payment.

4.2. The fact of payment is the transfer of the entire amount for travel services to the Tour Operator’s current account. The date of settlement is the date when funds are credited to the Tour Operator’s bank account.

4.3. Tariffs, prices and other monetary obligations under the Agreement are expressed in EUR, USD, unless otherwise specified in separate Annexes to the Agreement.

4.4. All costs for the transfer of funds to the Tour Operator’s account are borne by the Agent.

Commission remuneration

5.1 The Parties determined the amount of commission equal to the amount of the extra charge on the cost of net tourist services provided by the Tour Operator. The size of the markup on the cost of the Agent determines their own.

Responsibility of the parties

6.1 The Parties are responsible for failure to comply with the terms of this Agreement.

6.2. Responsibility for the correct execution of tourist documents rests with the Agent.

6.3. The Agent is solely responsible for the accuracy of the content of advertising services, if such advertising has not been previously agreed with the Tour Operator.

6.4. In case the Agent refuses to book the services due to any reason prior to the start of the tour, the Agent, regardless of the compensation of the Tour Operator’s losses, arranges to pay the Tour Operator penalties, calculated in the following order:

– in case of refusal 15 days or less before the commencement of the provision of travel services – a fine of 30% of the cost of travel services;

– in case of refusal less than 7 days before the beginning of the provision of tourist services – a fine of 50% of the cost of tourist services;

– in case of refusal 3 days before the beginning of the provision of tourist services – a fine of 70% of the cost of tourist services;

– if refused within 24 hours – a fine of 100% of the cost of tourist services.

– in case of refusal of the tours, the dates of execution of which coincide with the dates of the high season – New Year, Catholic and Orthodox Christmas, May holidays (April 28-10.05) – a fine of 100% of the cost of tourist services regardless of the date of refusal.

6.5. A refusal made on a weekend or a holiday is subject to consideration on the first working day following it.

6.6. In the period of high demand for tourism services (official holidays and weekends, holding conferences, concerts, sports events, etc.), the Travel Agent warns the Agent in writing when confirming the application, an amount equal to 100% of the cost of services can be charged. regardless of the cancellation period.

6.7. In international air transport, the carrier is responsible for each tourist and his baggage.

6.8. Deviations of tourist services from those established in the Agreement or in annexes thereto are permissible if necessary, provided that they do not lead to defects, to the extent that these deviations are minor and do not violate the essential terms of the Agreement.

6.9. The agent is fully responsible for the presence of the tourist and the correct execution of the necessary documents for the trip.

6.10. The agent is fully responsible for the late payment of the cost of the tour, accuracy, completeness of instruction and the provision of documents for the tour to the tourist.

The tour operator is not responsible for:

For late, incomplete or incorrect payment of bills of the Tour Operator;

For untimely introduction of changes or cancellation of the application by the Agent;

For the provision of the Agent in the application of false information about the tourists or the conditions of their tourist services;

For the late transfer by the Agent to the tourist of the received documents necessary for tourist services;

For providing the Agent with a tourist with incomplete and reliable information on tourist services provided for by this Agreement and the law, as well as in the event that the Agent does not comply with the form of documents;

For the lack of tourist relevant documents (voucher, airline ticket, insurance policy, etc.);

For the non-appearance or lateness of the tourist to check-in at the airport of departure;

For non-compliance by the tourist established by the airline rules of conduct on board the aircraft;

For the lack of a tourist properly issued passport to the beginning of tourist services, as well as documents necessary for the export of children abroad;

For the removal of the tourist from the flight during the passage of customs and border control, as well as by order of local authorities or other institutions, organizations;

For cancellation or change of departure time and destination of flights and related changes in the tour program;

For damage caused by a tourist during the period of tourist services;

Force majeure

8.1. The Parties shall not be liable for the failure to perform or improper performance of their obligations under the Contract, in the event that such failure is caused by force majeure.

8.2. Under the circumstances of force majeure in this Treaty should be understood natural disasters, military actions, illegal actions of third parties, and other circumstances whose occurrence does not depend on the will of the Parties, and which could not be known to the Parties at the time of signing the Treaty.

8.3. A party that cannot fulfill its obligations under this Agreement shall inform the other party in writing within 24 hours. The parties confirm the effect of force majeure by a certificate issued by the competent authority of the state.

Dispute Resolution and Governing Law

9.1. In resolving disputes on the basis of this Agreement, as well as in interpreting its norms, the current legislation of Georgia is used.

9.2. All disagreements that may arise under this Agreement must be resolved through negotiations between the Parties.

9.3. Disputes that were not resolved by negotiation are resolved by the Parties for 30 days after filing a claim by one of the parties, after which, if the pre-arbitration settlement is negative, the dispute is submitted to the International Commercial Arbitration Court at the Georgian Chamber of Commerce.

9.4. In the implementation of any statements, notifications and communications, as well as any actions under this Agreement, the parties undertake to use the written form.

Contract time

10.1. The contract comes into force from the moment of its signing by the Parties and is valid until _____________.

10.2. The parties agreed that the prolongation of the validity of this agreement is possible upon agreement of the parties by signing an additional agreement.

10.3. In case of early termination of the cooperation agreement, this Agreement shall terminate from the date of such termination.

10.4. Termination of the contract does not relieve the parties from the completion of the fulfillment of their obligations properly.

10.5. The contract is made in two copies in Russian, which have the same legal force.

10.6. All applications, additional agreement of the parties and other documents submitted by the Parties in pursuance of this Agreement are an integral part of it.

Tour operator

Ltd. “Vita Travel”

Identification code: 402002667

Address: 43 Silver str, Tbilisi / GEORGIA

Tel: (+995) 555 788811

E-mail: vitatravel2014@gmail.com

Bank details:

„Bank of Georgia“

SWIFT: BAGAGE22

Account:  GE54BG0000000131387114   GEL/USD/EURO

Director

—————————— Guliver Kiknadze