Travel Agency Partnership Agreement
Travel Agency Partnership Agreement
This Travel Agency Partnership Agreement ("Agreement") is made and entered into as of [Date], by and between [Your Company Name], a [Type of Entity] duly organized and existing under the laws of [State/Country of Incorporation], with its principal place of business located at [Your Company Address] ("Travel Agency"), and [Partner Name], a [Type of Entity] duly organized and existing under the laws of [State/Country of Incorporation], with its principal place of business located at [Partner Address] ("Partner").
WHEREAS, the Travel Agency is engaged in the business of providing travel-related services and has significant expertise in marketing, booking, and managing travel arrangements for various destinations worldwide;
WHEREAS, the Partner possesses valuable resources and capabilities that complement the travel services provided by the Travel Agency;
WHEREAS, the Travel Agency desires to engage the Partner and the Partner wishes to accept such engagement, subject to the terms and conditions set forth herein;
WHEREAS, both parties intend to establish a mutually beneficial relationship through which they can expand their respective businesses by cooperating in the marketing and provision of travel services;
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to form a partnership as described in this Agreement for the term and under the conditions stated herein.
I. Roles and Responsibilities
A. Travel Agency Responsibilities: The Travel Agency shall be responsible for marketing and promoting the Partner's services, including accommodations and guided tour packages, through its various channels such as its website, promotional emails, and social media platforms. The Travel Agency will also handle customer inquiries and provide support for booking services offered by the Partner. It will ensure that all promotional materials accurately represent the Partner’s offerings and maintain a dedicated support team for customer service related to the Partner’s services, available at least five days a week during business hours.
B. Partner Responsibilities: The Partner shall provide detailed information about their services, including availability, pricing, and special offers, to the Travel Agency on a weekly basis. The Partner agrees to honor all bookings made through the Travel Agency at the agreed-upon rates and provide customers with high-quality service consistent with the standards set forth in this Agreement. The Partner will also provide the Travel Agency with promotional materials, such as photographs and descriptions of their services, for use in marketing campaigns.
II. Financial Arrangements
A. Payment Terms: The Travel Agency will collect payments directly from customers for the booking of the Partner's services. The Partner shall invoice the Travel Agency monthly for services booked, and payment shall be due within 30 days of invoice receipt. Prices for services provided by the Partner shall be fixed for at least one year from the effective date of this Agreement, subject to annual review and adjustment thereafter.
B. Commission Structure: The Travel Agency shall receive a commission of 15% on all bookings made for the Partner’s accommodations and 10% for bookings of guided tours. This commission will be calculated based on the net price (excluding taxes and fees) of the bookings made and shall be paid by the Partner within 30 days following the end of each month, based on the total bookings confirmed during that month.
C. Financial Disputes: Any financial disputes arising under this Agreement shall be addressed within 15 days of the dispute notification. Both parties agree to provide all necessary documentation and evidence to resolve disputes promptly and fairly. If disputes cannot be resolved amicably within the stipulated timeframe, they shall be escalated to mediation as outlined in the Dispute Resolution section of this Agreement.
III. Booking and Reservation Procedures
A. Reservation System: The Partner must provide the Travel Agency with access to a real-time reservation system that allows for immediate booking confirmation. This system must be maintained and updated regularly to reflect real-time availability and pricing. The Travel Agency is responsible for ensuring that all bookings through this system are processed accurately and efficiently, with confirmation emails sent to customers within 24 hours of booking.
B. Changes and Cancellations: Customers may change or cancel their bookings without penalty up to 72 hours before the scheduled service. If a cancellation occurs less than 72 hours before the service date, the customer will be charged a cancellation fee of 50% of the booking value. The Partner agrees to process any changes or cancellations communicated by the Travel Agency and ensure that the customers receive updated confirmation promptly.
C. Refunds: In the event of a service not being provided as booked or in cases of dissatisfaction justified by failure on the part of the Partner to meet the agreed standards, the Travel Agency reserves the right to process refunds. Full refunds must be issued to customers within 14 days of the complaint being acknowledged by the Partner.
IV. Marketing and Branding
A. Brand Usage: The Partner grants the Travel Agency the non-exclusive right to use the Partner’s trademarks and logos for the purpose of promoting the Partner’s services in accordance with the Partner’s brand guidelines. The Travel Agency agrees to submit all marketing materials containing the Partner’s branding for approval before publication, which the Partner shall not unreasonably withhold or delay.
B. Co-Marketing Activities: The Travel Agency and the Partner shall collaborate on at least three co-marketing campaigns per year, which may include joint advertisements, promotional offers, or events. Each party agrees to contribute equally to the budget for these activities, with detailed plans and budgets to be approved mutually at least 30 days before the launch of any campaign.
V. Confidentiality and Data Protection
A. Confidential Information: Both parties agree to keep all confidential information, including customer data, pricing details, and marketing strategies, in strict confidence. This information shall not be disclosed to any third party without prior written consent from the party that provided the information, unless required by law.
B. Data Protection: The Partner and the Travel Agency shall comply with all applicable data protection laws and regulations in handling customer information. Both parties agree to implement adequate security measures to protect personal data against unauthorized access, alteration, disclosure, or destruction. Any data breaches must be reported to the other party within 48 hours of discovery.
VI. Liability and Insurance
A. Limitation of Liability: Neither party shall be liable to the other for any indirect, special, incidental, punitive, or consequential damages arising from this Agreement. The total liability of either party for any direct damages shall not exceed the total commissions paid or payable under this Agreement in the 12 months preceding the claim.
B. Insurance: Each party shall maintain comprehensive general liability insurance with coverage amounts not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. Proof of such insurance must be provided to the other party upon request and with annual renewals.
VII. Termination
A. Termination for Cause: Either party may terminate this Agreement with immediate effect by giving written notice to the other party if there are substantial breaches of any terms of this Agreement that are not cured within 30 days of written notice specifying the breach.
B. Termination for Convenience: Either party may terminate this Agreement without cause by providing at least 90 days written notice to the other party.
C. Effects of Termination: Upon termination, all outstanding obligations must be settled within 30 days. Each party must return or destroy any confidential information belonging to the other party and cease all use of trademarks and marketing materials.
VIII. Dispute Resolution
A. Mediation: In the event of a dispute, the parties agree to first attempt to resolve the dispute through mediation facilitated by an independent professional mediator agreed upon by both parties. This mediation should occur within 30 days of one party's request for mediation.
B. Arbitration: If mediation fails, the dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration proceedings shall take place in [Location], and the decision of the arbitrator shall be final and binding.
IX. Miscellaneous
A. Force Majeure: Neither party shall be responsible for delays or failures in performance resulting from acts beyond their control. Such acts shall include but not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, government regulations, fire, communication line failures, power failures, earthquakes, or other disasters.
B. Amendments: This Agreement may only be amended by a written agreement duly signed by authorized representatives of both parties.
C. Notices: All notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally or sent by certified or registered mail, return receipt requested, to the address specified at the beginning of this Agreement.
Signatures
This Agreement is signed by the duly authorized representatives of the Travel Agency and the Partner as of the Effective Date specified at the beginning of this Agreement.
Travel Agency
[Name]
[Date]
Partner
[Name]
[Date]
