Travel Agency Agreement with Client
Travel Agency Agreement with Client
I. The Parties
This Travel Agency Agreement (hereinafter referred to as the “Agreement”) is entered into on this [Month Day, Year] (hereinafter referred to as the “Effective Date”), by and between [Your Company Name] (hereinafter referred to as the “Agency”), a travel agency duly organized and existing under the laws of [State Name], with its principal office located at [Your Company Address], and [Client’s Name] (hereinafter referred to as the “Client”), an individual residing at [Client’s Address]. The Agency and the Client shall collectively be (referred to as the “Parties”) for the purposes of this Agreement.
WHEREAS, the Agency is a professional travel agency that provides a variety of travel-related services to its clients;
WHEREAS, the Client is desirous of availing the travel-related services provided by the Agency and has expressed interest in entering into this Agreement;
WHEREAS, the Parties have mutually agreed to enter into this Agreement, whereby the Agency will provide travel-related services to the Client in accordance with the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
II. Services
The Agency agrees to provide a comprehensive range of travel-related services (hereinafter referred to as the “Services”) to the Client. These Services include, but are not limited to:
A. Accommodation Booking
-
Finding Suitable Accommodations: The Agency will assist the Client in finding and booking suitable accommodations based on the Client’s preferences and budget. This includes researching various options, comparing prices, and ensuring the chosen accommodations meet the Client’s needs.
-
Providing Options: The Agency will provide the Client with a variety of options to choose from. This allows the Client to make an informed decision that best suits their travel plans and budget.
-
Handling Communication: The Agency will handle all communication with the accommodation providers. This includes confirming reservations, making changes if necessary, and addressing any issues that may arise during the Client’s stay.
B. Flight Reservations
-
Searching for Flights: The Agency will search for the best flight options according to the Client’s schedule and budget. This involves comparing different airlines, routes, and prices to find the most suitable option.
-
Booking Flights: The Agency will book the selected flights on behalf of the Client. This includes handling all necessary paperwork and ensuring the Client receives all relevant flight information.
-
Informing about Changes: The Agency will inform the Client of any changes to the flight schedule. This includes any delays, cancellations, or changes in departure or arrival times.
C. Tour Arrangements
-
Suggesting Tours: The Agency will suggest and arrange tours and activities based on the Client’s interests. This includes providing detailed descriptions of each tour, including what to expect, what to bring, and any other relevant information.
-
Providing Information: The Agency will provide detailed information about each tour, including the itinerary, duration, and cost. This allows the Client to make an informed decision about which tours to participate in.
-
Handling Bookings: The Agency will handle all bookings and payments for the tours. This includes confirming reservations, making changes if necessary, and addressing any issues that may arise during the tour.
D. Other Related Activities
-
Providing Assistance: The Agency will provide assistance with other travel-related activities as requested by the Client. This includes arranging transportation, recommending restaurants, and providing information about local attractions.
-
Ensuring Client’s Interests: The Agency will strive to ensure the best interests of the Client are met. This includes taking into consideration the Client’s preferences, budget, and any special needs or requests.
-
Providing Necessary Information: The Agency will provide the Client with all necessary information pertaining to the Services, including details on booking conditions, visas, health, insurance, and travel warnings. This ensures the Client is fully informed and prepared for their trip.
III. Reservation and Payment Terms
The Client agrees to promptly provide all information necessary for booking the Services. The payment for the Services shall be made by the Client in the following manner:
A. Deposit
-
Confirmation of Reservation: Upon confirmation of the reservation, the Client shall make a deposit amounting to [30]% of the total cost of the Services. This deposit secures the Client’s reservation and allows the Agency to begin making the necessary arrangements.
-
Non-Refundable Deposit: The deposit shall be non-refundable except under circumstances outlined in the Agreement, such as cancellation by the Agency or force majeure events. This policy is in place to cover any costs incurred by the Agency in the event of a cancellation.
-
Timing of Deposit: The deposit shall be made no later than [15] days after the confirmation of the reservation. This ensures the Agency has sufficient time to make all necessary arrangements for the Client’s trip.
B. Balance Payment
-
Payment of Balance: The balance of the payment shall be payable by the Client no later than [45] days before the service commencement date. This allows the Agency to confirm all reservations and finalize all arrangements.
-
Late Payments: Failure to make timely payments may result in non-confirmation of the reservations without further notice. This policy is in place to ensure the Agency can meet its commitments to its service providers.
-
Late Payment Fee: In case of late payment, the Agency may impose a late payment fee of [10]% of the outstanding amount. This fee compensates the Agency for the additional administrative work involved in handling late payments.
C. Payment Methods
-
Bank Transfer: The Client can make the payment through bank transfer. This method is convenient and secure, ensuring the Client’s payment is received promptly.
-
Credit Card: Alternatively, the Client can also pay through credit card. This provides the Client with another option for making payment, allowing them to choose the method that is most convenient for them.
-
Currency: All payments should be made in [US Dollars]. This ensures consistency and clarity in all financial transactions.
IV. Cancellation and Refunds
The Client may cancel the Services subject to the following conditions:
A. Cancellation Notice and Fees
-
More Than [30] Days Notice: Cancellations made more than [30] days before the service commencement date will incur a [10]% cancellation fee. This fee covers the administrative costs associated with cancelling the Services.
-
Fewer Than [30] Days Notice: Cancellations made fewer than [30] days before the service commencement date will incur a [50]% cancellation fee. This higher fee reflects the increased difficulty of filling the Client’s spot on short notice.
-
No-Show: In case of no-show, no refund will be given. This policy is in place because the Agency would have made all the necessary arrangements and would not be able to recover these costs.
B. Refund Processing
-
Refund Eligibility: Refunds, if applicable, will be processed within [14] days of the Agency receiving a valid cancellation notice. This ensures the Client receives their refund in a timely manner.
-
Refund Method: The refund will be issued to the original payment method used by the Client. This ensures the refund is received by the correct person.
-
Refund Confirmation: The Agency will provide the Client with a confirmation of the refund, including the amount and the date it was processed.
V. Liability and Insurance
The Agency will not be held responsible for any losses, damages, injuries, or additional expenses suffered by the Client due to causes beyond the Agency’s control. These causes include, but are not limited to:
A. Force Majeure Events
-
Natural Disasters: This includes events such as earthquakes, floods, hurricanes, and other severe weather events that could disrupt travel plans.
-
Acts of Terrorism: This includes any acts of violence or threats intended to disrupt travel and cause fear.
-
Civil Unrest: This includes riots, strikes, or other forms of civil disorder that could make travel unsafe.
B. Accidents
-
Travel Accidents: This includes accidents that occur while traveling, such as car accidents, plane crashes, or other transportation-related accidents.
-
Accommodation Accidents: This includes accidents that occur at the booked accommodations, such as slips, falls, or other incidents.
C. Insurance Recommendation
-
Comprehensive Travel Insurance: The Client is strongly advised to procure comprehensive travel insurance to cover such eventualities. This insurance should cover medical expenses, trip cancellation, lost luggage, flight accident, and other losses incurred while traveling.
-
Insurance Provider: The Client is free to choose their own insurance provider. The Agency can provide recommendations if needed.
-
Insurance Confirmation: The Client should provide the Agency with confirmation of their travel insurance before the service commencement date. This ensures the Agency can assist the Client in the event of an emergency.
VI. Amendments
The Client and the Agency acknowledge that the nature of travel services may require changes and adjustments from time to time. Therefore, any amendments to the booked Services must be agreed upon in writing by both parties.
A. Request for Amendments
-
Client’s Request: The Client may request changes to the booked Services. This could include changes to the travel dates, destinations, accommodations, or other aspects of the Services.
-
Agency’s Assessment: Upon receiving the Client’s request, the Agency will assess the feasibility of the requested changes. This includes checking availability, pricing, and any potential impact on other aspects of the Services.
-
Written Agreement: Any changes to the booked Services must be agreed upon in writing by both parties. This ensures that both parties have a clear understanding of the changes and their implications.
-
Confirmation of Changes: Once the changes have been agreed upon, the Agency will provide the Client with a written confirmation of the changes. This will include a detailed description of the changes and any additional costs associated with them.
-
Implementation of Changes: The Agency will then implement the changes as agreed upon. This includes making any necessary adjustments to the travel arrangements and informing relevant third parties of the changes.
B. Administrative Fee
-
Fee for Changes: The Agency reserves the right to charge an administrative fee for any changes made at the request of the Client. This fee is to cover the additional work required to implement the changes.
-
Notification of Fee: The Agency will inform the Client of the amount of the administrative fee before making the changes. The Client must agree to this fee before the changes can be made.
-
Payment of Fee: The Client will be required to pay the administrative fee at the time the changes are made. This fee is separate from any additional costs associated with the changes themselves.
-
Non-Refundable Fee: The administrative fee is non-refundable, even if the Client later decides to cancel the changes.
C. Additional Charges
-
Cost of Changes: All additional charges arising from such amendments are to be borne by the Client. This includes any increase in costs due to changes in travel dates, upgrades to accommodations, or other changes to the Services.
-
Notification of Additional Charges: The Agency will inform the Client of any additional charges before making the changes. The Client must agree to these charges before the changes can be made.
-
Payment of Additional Charges: The Client will be required to pay these additional charges in accordance with the payment terms outlined in this Agreement.
-
Non-Payment of Additional Charges: If the Client fails to pay the additional charges, the Agency may refuse to implement the changes or may cancel the Services altogether.
-
Refunds of Additional Charges: If the changes result in a decrease in costs, the Agency will refund the difference to the Client.
VII. Governing Law
A. Jurisdiction
-
Exclusive Jurisdiction: Any legal actions, claims, or disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [State Name].
-
Submission to Jurisdiction: By entering into this Agreement, the Client and the Agency agree to submit to the jurisdiction of the courts of [State Name] for any legal proceedings arising out of this Agreement.
-
Venue: The parties agree that any legal proceedings will be conducted in the county or district where the Agency’s principal office is located.
B. Applicable Law
-
Interpretation of Agreement: This Agreement will be interpreted in accordance with the laws of [State Name]. This includes any issues relating to the validity, interpretation, or enforcement of the Agreement.
-
Resolution of Disputes: Any disputes arising under or in connection with this Agreement will be resolved in accordance with the laws of [State Name]. This includes any issues relating to the Services, payment terms, cancellation and refunds, or any other aspect of this Agreement.
-
Compliance with Laws: The Client and the Agency agree to comply with all applicable laws of [State Name] in performing their respective obligations under this Agreement. This includes any laws relating to travel services, consumer protection, data protection, and health and safety.
-
Legal Advice: The Client and the Agency are advised to seek independent legal advice before entering into this Agreement. This ensures that both parties fully understand their rights and obligations under the Agreement.
C. Legal Actions
-
Initiation of Legal Actions: Either party may initiate legal actions, claims, or disputes arising under or in connection with this Agreement.
-
Notice of Legal Actions: The party initiating legal action must provide the other party with written notice of the action. This notice must include a description of the dispute, the relief sought, and any relevant supporting documentation.
-
Response to Legal Actions: The party receiving notice of legal action must respond within the time period specified in the notice. Failure to respond may result in a default judgment in favor of the initiating party.
-
Resolution of Legal Actions: The parties agree to make a good faith effort to resolve any legal actions, claims, or disputes arising under or in connection with this Agreement before resorting to litigation.
-
Costs of Legal Actions: Unless otherwise provided in this Agreement, each party will bear its own costs and expenses in connection with any legal actions, claims, or disputes arising under or in connection with this Agreement.
-
Enforcement of Judgment: Any judgment or order issued by the courts of [State Name] will be binding on the parties and may be enforced in any jurisdiction where the parties have assets.
VIII. Termination
A. Notice of Termination
-
Initiating Termination: Either the Client or the Agency may initiate the termination of this Agreement. The party wishing to terminate the Agreement must provide a written notice to the other party.
-
Notice Period: The notice of termination must be provided at least [30] days before the intended date of termination. This gives both parties sufficient time to wrap up any outstanding matters.
-
Content of Notice: The notice of termination should clearly state the reason for termination and the intended date of termination.
B. Effect of Termination
-
End of Services: Upon termination of this Agreement, the Agency will cease to provide the Services to the Client. Any services that have not yet been provided will be cancelled.
-
Refunds: Depending on the reason for termination and the terms of this Agreement, the Client may be entitled to a refund for any services that have been paid for but not yet provided.
-
Settlement of Accounts: Upon termination of this Agreement, all outstanding accounts between the Client and the Agency must be settled.
C. Post-Termination Obligations
-
Confidentiality: Even after termination of this Agreement, both parties must continue to respect the confidentiality of any sensitive information shared during the term of the Agreement.
-
Dispute Resolution: Any disputes arising out of the termination of this Agreement will be resolved in accordance with the dispute resolution clause of this Agreement.
IX. Entire Agreement
This Agreement represents the complete understanding between the Client and the Agency with respect to the subject matter hereof.
A. Superseding Effect
-
Superseding Previous Agreements: This Agreement supersedes all prior agreements, both written and oral, between the parties with respect to its subject matter. This means that this Agreement is the only agreement that governs the relationship between the Client and the Agency.
-
Invalidating Inconsistent Terms: Any terms or conditions in previous agreements that are inconsistent with the terms of this Agreement are null and void.
B. Modifications
-
Requirement for Writing: Any modifications to this Agreement must be in writing. This ensures that there is a clear record of the modifications.
-
Signature Requirement: Any modifications to this Agreement must be signed by both parties. This ensures that both parties agree to the modifications.
-
Effect of Modifications: Once signed, the modifications become part of this Agreement and have the same legal effect as the rest of the Agreement.
C. Interpretation
-
Interpretation of Agreement: This Agreement should be interpreted in a manner that makes its terms and conditions clear and understandable to both parties.
-
Resolution of Ambiguities: If there are any ambiguities or uncertainties in this Agreement, they will be resolved in a manner that best reflects the intentions of the parties at the time the Agreement was signed.
-
Application of Law: This Agreement will be interpreted in accordance with the laws of [State Name]. This ensures that the Agreement is consistent with the legal principles and standards of [State Name].
-
Legal Advice: Both parties are advised to seek independent legal advice before signing this Agreement. This ensures that both parties fully understand their rights and obligations under this Agreement.
X. Signature
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
Agency
[Authorized Representative Name]
[Your Company Name]
Date: [Month Day, Year]
Client
[Client's Name]
Date: [Month Day, Year]