Allotment Contract Travel Hotel CONTRACT Today………………… by syh10093

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									                                                   CONTRACT

Today…………………..in……………………………between:………………………………………..
………………………………………………………………………………………………………………………………
…………………………………………………………………………………………
Represented by……………………………………………………………………………………………
Henceforth called TOURAGENT on one hand and on the other hand –ALFAMARINA LLC, registered in court,
register number No 5098/2004, with main office and address of management Republic of Bulgaria, Sofia,57”Hristo
Botev”Blvd. represented by the executive director Grisha Kostov, acting as an UNIQUE AUTHORIZED
COMMERCIAL REPRESENTATIVE for the territory of R. Bulgaria, on behalf and on the account of INFINITY
TRAVEL SERVICE LLC (ITS).,with main office and address of management at 910 Folk Road, Apt. 201,
Wilmington, New Castle County, Delaware 19803, the last one called henceforth TOUROPERATOR was achieved an
agreement and was concluded the present contract, on the conditions as follows:
         I.       SUBJECT OF THE          CONTRACT
1.The TOURAGENT is obliged to sell at the territory of the country, where his main office is, the tourist’s products of
the TOUROPERATOR, and the TOUROPERATOR undertakes to receive and serve the tourist groups and individual
tourists, assured by the TOURAGENT, in accordance with the conditions of this contract and the Appendices, which
are an integral part of it.
2.The tourist products – subject of the contract are made by and belong to INFINITY TRAVEL SERVICE LLC
2. 1. At the conclusion and the execution of this contract INFINITY TRAVEL SERVICE LLC,is represented by the unique
authorized representative at the territory of R. Bulgaria – ALFAMARINA LLC, which acts on behalf and on the
account of INFINITY TRAVEL SERVICE LLC.
2. 2. ALFAMARINA LLC is jointly responsible for the accomplishment of the obligations of INFINITY TRAVEL
SERVICE LLC according to the contract.

         II.       TERM OF THE CONTRACT


3.The present contract becomes effective at the date of its signing and is concluded for a period of 1 [one] year.


         III      PRICES AND WAY OF PAYMENT:
4.The TOURAGENT is obliged to make payments to the TOUROPERATOR for the contractual prices of tourist
products, which rate, ways of payment and terms of payment are established in the Appendices of the contract, and in
the Internet based booking system of the TOUROPERATOR.
5.The payments of the contract are made in EURO to the account of INFINITY TRAVEL SERVICE LLC, indicated in
the contract, or in cash.
5.1. Payment in bank way – every Thursday of the week should be paid the full contractual price for the sojourn of the
     individual and group tourists arriving in the next week. Also on Thursday the amounts due for bookings done the
     previous week should be really received at account of the TOUROPERATOR. After receiving the payment, the
     TOUROPERATOR issues vouchers for the accommodation of the tourists whose packages are paid. Tourists can
     be accommodated and transferred only with the vouchers of the TOUROPERATOR.
5.2. Payment in cash – up to the day of the arrival of a group or an individual tourist, before their accommodation, the
     full contractual price for their sojourn should be paid to the TOUROPERATOR.
6.In case when, by the time fixed in item 5, the TOURAGENT had not paid the TOUROPERATOR the amount due for
the groups or individual tourists sent, the TOUROPERATOR may refuse their accommodation.
7.The accommodation of a group or individual tourists may be refused and in case when the final payment for a
previous group was not made. In this case the amount due for a previous group, or individual tourists is taken up from
the amounts, paid for the next group or an individual tourist.
8.The parties make a recapitulation of payments made and equalize the amounts due, within 24 hours, after each
accommodation of tourists.
9.The TOURAGENT is obliged to pay the TOUROPERATOR an advance, which rate and terms of payment are
specified in Appendix No 1.
                                                                                                                   th
9.1.The transferred advance will be deducted from the payment for the last tourists, but not early than the 05          of
August 2009.
9. 2. If a case occurs when not the whole advance is deducted in a way, fixed in item 9. 1., the TOUROPERATOR is
                                                                         st
obliged to refund the not reclaimed rest to the TOURAGENT within the 31 of October 2009.


                 IV.      TOURAGENT’S RIGHTS AND OBLIGATIONS:
10. The TOURAGENT is obliged to:
10. 1. To pay the contractual advance in accordance with the terms and conditions stated in the Appenidx 1 and
regularly to keep up with the balance in the system of the TOUROPERATOR.
10. 2. To elaborate and submit to the TOUROPERATOR a flight schedule for sending tourist groups and individual
tourists and to inform the TOUROPERATOR for any changes that have occurred.
10. 3. To submit the TOUROPERATOR an operating information for the registration’s progress and the market
condition.
10. 4. To make and submit reservations in the system of the TOUROPERATOR in accordance with the release periods
stated in the price list for each particular hotel. Only bookings done in the system of the TOUROPERATOR are to be
considered valid, respectively rooming lists generated by the system.
10. 5. In case the TOURAGENT does not respect the release periods and submits a reservation., the
TOUROPERATOR has the rights for the respective date:
              - to accommodate the tourists in the requested hotels if there is a possibility;
              - to relocate them in other hotels with the TOURAGENT’s agreement;
              - to refuse the tourists` accommodation.
In terms of 24 hours after receiving the booking which is not within release period, the TOUROPERATOR notifies the
TOURAGENT which of the three possibilities may be realized.
It is proceeded in the same way, when bookings are done, which are exceed the agreed bed allotment between the
TOURAGENT and the TOUOPERATOR.
10. 6. For cancellations, made by the TOURAGENT within the terms defined in the price list of each particular hotel in
the system of the TOUROPERATOR, sanctions are not applied.
10. 7. When there is a cancellation, made by the TOURAGENT after expiration of the terms of item 10. 6. sanctions are
applied - forfeit, which amount is stated in the price list of each particular hotel.
10. 8. In case of NO SHOWS or tourists who have not arrived sanctions are applied in accordance with the conditions
stated in the system of the TOUROPERATOR.
10. 9. To propose the submitted for sale tourist products, to acquaint the the tourists with the main and additional
services included in the tourist product. All kinds of reclamation, because of improper information, is at
TOURAGENT`s expense.
10. 10. To supply the registered tourists with vouchers, issued trough the booking system.
10. 11. To ensure all the tourists, which have bought tourist products from him for the whole period of their sojourn in
Bulgaria.
10. 12. To submit to the TOUROPERATOR information for the kinds of concluded insurance and the reference address
of the insurance agent, attending the insurance in R. Bulgaria, before tourist arrival.
10. 13. To acquaint the tourists, who have bought the tourist products, subject of the contract with their rights and
obligations, result of the present contract.
10. 14. Not to go into contractual terms, directly or by a mediator, concerning the tourist products – subject of this
contract with companies, which are partners of the TOUROPERATOR.
10. 15. To advertise the tourist products, using the submitted from the TOUROPERATOR advertising materials.




                 V.       RIGHTS AND OBLIGATIONS OF TNE TOUROPERATOR:
11. The TOUROPERATOR is obliged to:
11.1 To assure the accommodation of the tourist groups and individual tourists, who have bought tourist products from
the TOURAGENT, and to submit them the contractual main and additional services, in accordance with rooming lists
generated by the online booking system.
11. 2. To inform the TOURAGENT on time for any changes in the conditions and the tourist services, co-ordinated in
the contract and the appendices.
11. 3. To assure qualitative service for the groups of tourists and to guarantee normal spending of the paid repose.
11. 4. To issue invoices to the TOURAGENT for payments within 24 (twenty-four) hours after receiving and
confirming a reservation.
11. 5. To submit vouchers to the TOURAGENT after receiving payment.
11. 6. In case of a confirmed reservation for a hotel within the frames of the allotment contracted, and impossibility for
     providing accommodation in this hotel through TOUROPERATOR’s fault, he is obliged to assure the tourist
     accommodation in a same or higher class hotel, the difference of prices is on his account.
12. If there is an additional agreement, the TOUROPERATOR may submit the tourist groups and individual services,
     which are not subject to this contract and the appendices, against supplemental payment.
13. The payments of the supplemental services made, required on spot by the tourists are made directly between them
     and the TOUROPERATOR, or third part, providing that kind of services.
14. The TOUROPERATOR has the right to refuse rendering services, not foreseen in the present contract, its
     appendices or not previously agreed.

                  VI.      RECLAMATIONS:
15. Reclamation on the part of the tourists is done only in written form, and the side receiving the claim submits its copy
to the other side of the contract within 14 (fourteen) days from the tourist departure from Bulgaria.
16. In case of reclamation both sides will make common efforts to regulate the problem on spot.
17. The TOUROPERATOR is inspecting the claim and answers the TOURAGENT within one month from the date of
receiving it
The TOUROPERATOR will not inspect reclamations, presented to him after the date of expiration pointed in item 15.
18.The TOURAGENT may pay reclamation to the tourist on the account of the TOUROPERATOR only after receiving
written agreement of the last one.
19. When within the one-month period from the reclamation receiving the TOUROPERATOR has not responded, or
has refused the payment, it is considered that a refusal is made. In this case the relations are settled in a common way,
established by the law.
20. All kind of damages and harms caused to the property of the repose base, or to a third part by the tourist during his
sojourn will be paid by him at the full size.
21.The TOUROPERATOR does not carry a responsibility in cases when foreign tourists are sanctioned because of
disturbing the rules of behavior, and also in delay, changes of the transport schedule, loss of luggage, money or
valuables or in other similar events. In these cases the TOUROPERATOR takes all the possible measures and provides
help to the tourists in accordance with his opportunities.


                  VII.     DEFAULTS

22. In case when the current payment, or the final payment, or the final arrangement of the financial relations between
    the parties is not fulfilled within the concluded term, the faulty party owns a penalty of 0.1 % per calendar day of
    the cost of the outstanding amount.
23. Services under the present contract, included in the rooming lists will not be compensated to the tourist by the
    TOUROPERATOR, if they are not used through tourist’s fault.

                  VIII.   FORCE MAJEURE CIRCUMSTANCES

24.The parts are exempt from responsibility for full or partial non-fulfillment of the obligations under the present
contract in case of force majeure circumstances. Like force majeure are considered circumstances occurred after signing
the contract in result of non-foreseen, non-reversible and non-controlled events, as war, natural calamity, epidemics,
strikes and others.




         IX.    SETTLING AN ARGUMENT
25. In case of disputes and arguments, result of non-fulfillment or not proper fulfillment of the present contract or from
    related circumstances, the parties would go out for agreement through negotiations.
26. If impossible to come to a voluntary agreement of the disputes through negotiations, the disputes shall be submitted
    for consideration to the Arbitration court of the country of the defendant’s domicile. The decision of the Arbitration
    court is final and obligatory for both parties.




          X.       SUPPLEMENTAL CONDITIONS
  27. The parties will make a final recapitulation and calculation of payments under this contract within 1.11.09
  28. All conditions and prices of the present contract are confidential.
  29. Each party is obliged to notify in written form the other party for changes occurred in its management, as for other
      circumstances, related to the subject of the present contract and to present the appropriate documents.
  30. The present contract may be repealed, changed and complemented only by two-sided written annexes.


  This contract is made in 2 (two) original conforming copies, one copy for each party.




  For the TOURAGENT:                                             For ALFAMARINA LLC-unique                                 authorized
                                                                 Representative for the territory of
                                                                 R.Bulgaria of               INFINITY TRAVEL SERVICE

  ..................................................             .................................................................................
  /.............................................../              /.............................................................../



  We express an agreement and confirm the conditions of the contract.


  BANK DETAILS:                                                  BANK DETAILS:
                                                                 INFINITY TRAVEL SERVICE
                                                                 UNICREDIT TIRIAC BANK
                                                                  36, C.A.Rosetti St. RO-020015 Bucharest 2
                                                                   SWIFT :BACX ROBU
                                                                 IBAN (EUR): RO57 BACX 0000 0002 5408 4001

								
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