ONLINE TRAVEL ASSISTANCE AGREEMENT
This Agreement is an electronic contract deemed executed at Gudiyatham (Tamil nadu) under the provisions of the Information Technology Act of 2000 and rules made thereunder by and between Abroad Trips and Travels, a Company incorporated under the Companies Act, 1956 in India and having its corporate office at No.09, Ummidi Ramanjulu Chetty street, Office room no. 12, First Floor, Pichanoor, Gudiyatham-632602.
WHEREAS Abroad Trips and Travels is inter-alia engaged in the business of provision of tour and travel related services.
WHEREAS the Client is desirous of engaging Abroad Trips and Travels for availing Abroad Trips and Travels services in accordance with the terms and conditions stipulated under this Agreement.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the Parties agree as follows:
SCOPE OF WORK
Abroad Trips and Travels shall provide such services like airline, hotel, Holidays etc bookings as may be selected for by the Client via the online interface provided by Abroad Trips and Travels (hereinafter referred to as the "Services"), in accordance with the terms and conditions of this Agreement.
Client shall be provided with necessary login credentials and password to the online interface for accessing corporate Services under this Agreement. It shall be the sole responsibility of the Client and its employees, agents and officials to maintain the confidentiality of the online login credentials.
Client agrees Abroad Trips and Travels is merely acting as an intermediary and an aggregator and is not the actual service provider of services like hotels and airlines. Client agrees to receive Services on an ‘as-is’ basis, except for any specific representations and warranties agreed by Abroad Trips and Travels under this Agreement.
While this Agreement is intended to govern the inter relationship between the Parties, the Client acknowledges each service provider shall have its own sets of terms and conditions governing the booking of every travel service (for instance, every airline shall have its own terms and conditions of travel and air ticket booking, and every hotel shall have its own house rules).
TRANSACTION FEE AND PAYMENT TERMS
In consideration of the Services, Client shall be liable to pay all fee and charges, including cancellation charges wherever applicable (hereinafter collectively referred to as "Transaction Fee") to Abroad Trips and Travels as specified electronically.
In addition to the Transaction Fee, Client shall be liable to pay the actual booking amount levied by Abroad Trips and Travels third party service providers.
Invoices shall be raised by Abroad Trips and Travels and the payment shall be duly released by the Client as per the payment terms as specified electronically.
In the event that the Client fails to make the payment in accordance with the terms as specified electronically, Abroad Trips and Travels shall be entitled to withdraw all discounts offered under this Agreement, refuse/ suspend the provision of Services and levy an interest on the amount unpaid by the Client at the rate of 24% per annum, payable from the due date of payment till the date of actual payment.
REPRESENTATIONS AND WARRANTIES
Each of the Parties represents and warrants to the other Party that:
a) it is duly incorporated and validly existing under the laws of the state or country of its incorporation, and has the full power and authority to conduct its business as well as to execute this Agreement and perform its obligations here under;
b) it has taken all necessary measures to authorize and approve the execution of this Agreement, and its execution or performance of this Agreement is not in violation of any requirements of law or other provisions that are applicable to or binding upon it;
c) this Agreement constitutes legal, valid, binding and enforceable obligations of it; and
d) It will obtain, hold and maintain all filings, licenses, permits and consents as may be required pursuant to any Requirements of Law or other provisions in order for it to conduct its business and perform its obligations under this Agreement.
COVENANTS OF THE CLIENT
The Client shall designate Abroad Trips and Travels as its preferred travel service provider in all its relevant communications.
The Client shall recommend Abroad Trips and Travels comprehensive travel solutions to all its employees.
The Client shall consider technological upgrades made available by or through Abroad Trips and Travels. Further, the Client acknowledges that such upgrades may involve additional costs; provided that any revised costs shall be levied only on mutual consent of the Parties to this effect in writing.
The contents of this Agreement and all Confidential Information shall be kept confidential at all times and shall not be disclosed by the either Party to any person.
For the purpose of this Agreement, “Confidential Information” shall mean and include any information about any Party’s business activities, including all business, financial, technical, rates, fees and any other information which is confidential in nature and disclosure of which to any third party may have adverse effect on the business of the said Party.
Notwithstanding Clause VI. 1, either of the Parties shall be entitled to disclose the contents of this Agreement and any Confidential Information in the following events:
a) any information required to be disclosed by either of the Parties under or pursuant to any law, order, decree, judgment, award, etc. of any court, tribunal, board, government, statutory authority, etc.
b) any information disclosed to the legal or financial advisors, consultants, or such other persons to whom either of the Parties is duty bound to disclose such information.
c) any publicly available information.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of India.
Entire Agreement: This Agreement, together with the Schedules attached hereto, constitutes the entire agreement and understanding between the Parties relating to the subject matter hereof and supersedes all other agreements, oral or written, made between the Parties with respect to such subject matter.
Amendments and Modifications: This Agreement can be amended or modified, on the mutual consent of the Parties, through a written instrument executed by the authorized representatives of both the Parties.
Severability: If any term, provision, covenant or restriction of this Agreement, or any part thereof, is held by a court of competent jurisdiction or any applicable foreign, federal, state, county or local government or any other governmental, regulatory or administrative agency or authority to be invalid, void, unenforceable or against public policy for any reason, the remainder of the terms provisions, covenants and restrictions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
Notices: Any notice or other communication required or which may be given here under shall be in writing and shall be delivered by official email, and shall be deemed to be received within 01 day of the ‘sent’ date.
Grievance Officer: Abroad Trips and Travels has nominated the following person with the following contact coordinates as the grievance officer under the requisite Rules of the Information Technology Act.