1. Obligations of the Parties
1.1 Obligations of the Agent:
1.1.1 NEWBHARAT AGENCY TOURS & TRAVELS grants to the Agent a limited, non-transferable right to use the Website in accordance with the terms and conditions of this Agreement. The Agent shall use the Website to make legitimate reservations or purchases and shall not use the Website for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.
1.1.2 The Agent agrees that the Website and the content provided on the Website, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written permission of NEWBHARAT AGENCY TOURS & TRAVELS and/or its third party
providers and distributors, except that the Agent may download, display and print the materials presented on the Website for business and commercial use only.
1.1.3 (i) The Agent shall be solely responsible for maintaining the confidentiality of its password and account information. The Agent may not authorize any third parties to use the services on its behalf, and shall be responsible for all actual or purported use by the Agent and those allowed by the Agent to use the services. The Agent may not divulge, sub-license, transfer, sell or assign its password and account information under any circumstances. Any attempt to do so shall be null and void and shall be considered a material breach of this Agreement.
(ii) The Agent shall be solely responsible for all usage or activity on its account including, but not limited to, use of the account by any person who uses its password and account information, with or without authorization by the Agent. If the Agent has reason to believe that its account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of its password and account information), it must promptly change the affected password and account information and notify NEWBHARAT AGENCY TOURS & TRAVELS of the problem by e-mailing it. It is however clarified that the Agent shall be fully liable for all use of its account, including any unauthorized use of its account by any third-party.
1.1.4 The Agent shall not use the services provided by NEWBHARAT AGENCY TOURS & TRAVELS through the Website for any purpose that is unlawful or prohibited.
1.1.5 The Agent shall inform NEWBHARAT AGENCY TOURS & TRAVELS immediately by telephone and confirm in writing any matters coming to the its knowledge which indicate a suspected problem (including incorrect pricing) with or misuse of the NEWBHARAT AGENCY TOURS & TRAVELS automated electronic booking system by any person.
1.1.6 The Agent shall use the services provided by NEWBHARAT AGENCY TOURS & TRAVELS at the prices advertised by NEWBHARAT AGENCY TOURS & TRAVELS on the Website (the latest price advised being applicable) provided that the Agent shall be entitled to offer discounts and incentive schemes to its customers at its sole cost and responsibility without affecting its liability to account to NEWBHARAT AGENCY TOURS & TRAVELS in accordance with this Agreement.
1.1.7 The contents of the Website (including information, communications, images and sounds contained on or available through travelboutiqueonline.com) are provided by NEWBHARAT AGENCY TOURS & TRAVELS, its affiliates, independent content providers and third parties. The contents of the Website are copyright © NEWBHARAT AGENCY TOURS & TRAVELS, its affiliates, independent content providers or third parties and cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of NEWBHARAT AGENCY TOURS & TRAVELS.
1.1.8 The Agent acknowledges that NEWBHARAT AGENCY TOURS & TRAVELS has not reviewed and does not endorse the content of all sites linked to from the Website and is not responsible for the content or actions of any other sites linked to from the Website. The Agent’s linking to any service or site shall be at its sole risk.
1.1.9 Any improper travel documentation, the issuing agent will be responsible to bear the deputation charges.
1.2 Obligations of NEWBHARAT AGENCY TOURS & TRAVELS
1.2.1 NEWBHARAT AGENCY TOURS & TRAVELS and its affiliates undertake not to disclose or divulge the Agent’s personal information to any third party.
1.2.2 NEWBHARAT AGENCY TOURS & TRAVELS shall use all reasonable endeavours to check the accuracy of the information published on Website.
2. Terms of Payment
2.1 The Agent shall make payments for international and domestic full service carrier tickets booked by it on the Website or offline on weekly basis as per below:
- Payment through cheque – One day prior to BSP cheque pick up date.
- Payment through RTGS – On or before BSP remittance date.
2.2 In addition to the payments to be made under clauses 3.1 and 3.2 above, the Agent shall also make payment of voiding charges at the rate of Rs. 500 per ticket and refund tickets at the rate of Rs. 500 per ticket (international airline) and Rs.100 and per ticket (domestic airline) plus penalty if any charged by the concerned airlines (i.e. no show, advance purchase violation, class abuse, ticketing time limit etc) in accordance with the payment schedule indicated in the aforesaid clauses. However, NEWBHARAT AGENCY TOURS & TRAVELS reserves the right to amend the rates and schedules thereto from time to time through written communication including electronic mode.
2.3 There will be no adjustment of the refund in the payment schedule. The refund will be given back to the Agent after receipt thereof by NEWBHARAT AGENCY TOURS & TRAVELS from the Airline.
2.4 NEWBHARAT AGENCY TOURS & TRAVELS be entitled to deduct tax from all commissions/ incentives payable to the Agent and applicable TDS certificate(s) will be issued in accordance with applicable legal provisions.
2.5 Any voidation/cancellation of ticket will be entertained only till 1800 Hrs.
2.6 Fare rules would be mentioned on www.nbaworld.in online
2.7 The credit limit will be per fortnight.
2.8 If the payment is not made on time www.nbaworld.in can anytime cancel all the PNR’s without any prior notice
Unused Balance Clause
Any top-up payment / advance payment which is received from retailers / distributors deposit the advance payment to his retail account for, the retailer / distributor does not use the amount for goods & services and he wants his payment to return in this case after one month of deposit, retailer need to give refund request to us, once we will get refund request from the retailer, the balance amount will be refunded within 15 to 20 working days via same source.
3. Mode of Payment
The Agent shall make payment for the services availed under this Agreement by (cash/ cheque/ demand draft/ credit card). In addition, the Agent shall be required to furnish an irrevocable and unconditional bank guarantee for an amount of Rs. _______ in favour of NEWBHARAT AGENCY TOURS & TRAVELS. The credit card usage shall also attract applicable surcharge. In case of non payment of dues within 15 days of the agreed due date/s, the agreement stands automatically cancelled and the second party will be liable to pay a penal rate of interest at 0.1% per day till the date of payment of the full amount as penal charges.
4. Representations and Warranties
4.1 NEWBHARAT AGENCY TOURS & TRAVELS does not warrant nor makes any representations regarding the accuracy or completeness of any data or information contained on the Website. NEWBHARAT AGENCY TOURS & TRAVELS disclaims any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any person, arising out of or from the use of the information contained in the Website.
4.2 Although NEWBHARAT AGENCY TOURS & TRAVELS makes every effort to ensure that the description and content on each page of the Website is correct, it does not, however, take responsibility for any changes occurred due to human, data entry errors or for any loss or damages suffered by any person due to any information contained herein.
Also, NEWBHARAT AGENCY TOURS & TRAVELS does not own or operate airlines and other suppliers and cannot therefore control or prevent changes in the published descriptions.
4.3 The Agent represents and warrants that:
4.3.1 it has full power and authority to enter into this Agreement as at the date of execution of this Agreement.
4.3.2 it is not aware of any charges, actions, suits, proceedings etc, actual or threatened, which would restrict or prohibit him from performing any of your obligations under this Agreement.
4.3.3 there are no current, pending or threatened actions or proceedings before any court, arbitrator, administrative tribunal or government authority which might materially and adversely affect its business, assets or conditions (financial or otherwise) or operations or the ability to perform obligations under this Agreement.
5.1 The Agent agrees and undertakes to protect, defend, indemnify and hold harmless NEWBHARAT AGENCY TOURS & TRAVELS, its employees, officers, directors, agents or representatives from and against any and all liabilities, damages, fines, penalties and costs (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) arising from or relating to:
5.1.1 any breach of any statute, regulation, direction, orders or standards from any governmental body, agency, or regulator;
5.1.2 any breach of the terms and conditions in this Agreement by the Agent or its employees, officers, directors, agents or representatives;
5.1.3 any claim of any infringement of any intellectual property right or any other right of any third party or of law.
5.1.4 any claim made by any third party/user arising out of the use of the services and/or arising in connections with services offered by the Agent under this Agreement.
5.2 The Agent also agrees to indemnify, defend and hold harmless NEWBHARAT AGENCY TOURS & TRAVELS and/or its affiliates, partner websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses asserted against or incurred by the NEWBHARAT AGENCY TOURS & TRAVELS and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the Agent pursuant to this Agreement.
6.1 The Agent acknowledges that NEWBHARAT AGENCY TOURS & TRAVELS acts only as a website provider and therefore it has no liability whatsoever for any aspect of the arrangements between the Agent and the customer as regard to the services provided by the Agent. In no circumstances shall NEWBHARAT AGENCY TOURS & TRAVELS be liable for any activities/ services provided by the Agent.
6.2 The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of NEWBHARAT AGENCY TOURS & TRAVELS and it is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NEWBHARAT AGENCY TOURS & TRAVELS is not responsible for any form of transmission, whatsoever, received from any Linked Site. NEWBHARAT AGENCY TOURS & TRAVELS is providing these links to the Agent only as a convenience, and the inclusion of any link does not imply endorsement by NEWBHARAT AGENCY TOURS & TRAVELS of the site or any association with its operators or owners including the legal heirs or assigns thereof.
6.3 NEWBHARAT AGENCY TOURS & TRAVELS does not accept responsibility for any defects that may exist or for any costs, loss of profits, loss of data or consequential losses arising from the Agent’s use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the service at any time. The Agent acknowledges that NEWBHARAT AGENCY TOURS & TRAVELS has no control over and NEWBHARAT AGENCY TOURS & TRAVELS exclude all liability for any material on the World Wide Web, which can be accessed by using the Website.
7. Term and Termination of Contract
7.1 This Agreement shall enter into effect on and from the date first mentioned hereinabove and shall continue to be in operation unless otherwise terminated by either Party in accordance with the provisions of this Agreement.
7.2 Either Party may terminate this Agreement with immediate effect by giving a notice to the other Party.
7.3 NEWBHARAT AGENCY TOURS & TRAVELS may also terminate this Agreement and/or discontinue provision of any of the services at any time for any reason, including any improper use of the Website or the Agent’s failure to comply with the terms and conditions of this Agreement. Such termination shall not affect any right to relief to which NEWBHARAT AGENCY TOURS & TRAVELS and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this Agreement and these terms and conditions, all rights granted to the Agent will terminate and revert to NEWBHARAT AGENCY TOURS & TRAVELS and its third party providers or distributors, as applicable.
7.4 With immediate effect from the date of termination, the Agent shall cease to use the services offered by NEWBHARAT AGENCY TOURS &TRAVELS and shall immediately deliver up to NEWBHARAT AGENCY TOURS&TRAVELS in accordance with the directions of NEWBHARAT AGENCY TOURS & TRAVELS all documents and other property (including without limitation financial and statutory records) belonging to NEWBHARAT AGENCY TOURS & TRAVELS (insofar as such property and information was obtained in pursuance of the performance of services under this Agreement).
8.1 The Agent acknowledges that all documents and any other material containing or referring to confidential information which at any time are or become within or under its control, power or possession are, shall become and shall at all times remain the property of NEWBHARAT AGENCY TOURS &TRAVELS to which the confidential information relates.
8.2 The Agent undertakes (both during the term and after the termination date):
a) on request made at any time by NEWBHARAT AGENCY TOURS & TRAVELS, to deliver all the confidential information (including copies thereof) or delete the confidential information from any re-usable material in accordance with the directions of NEWBHARAT AGENCY TOURS & TRAVELS;
b) not to use or disclose any confidential information except as is necessary to perform its obligations under this Agreement or except as required by law or any regulatory body, provided that this clause shall not apply to confidential information which comes into the public domain other than through the default of any member of the Agent;
c) not to copy or reproduce any confidential information in any form or on any media or device except as is necessary to perform its obligations under this Agreement;
d) to ensure that the password and account information provided to it by the NEWBHARAT AGENCY TOURS & TRAVELS for accessing the Website is secured by all means.
9. Intellectual Property Rights
9.1 The contents of the Website (including information, communications, images and sounds contained) are provided by NEWBHARAT AGENCY TOURS&TRAVELS , its affiliates, independent content providers and third parties. The contents of this site are copyright © NEWBHARAT AGENCY TOURS & TRAVELS, its affiliates, independent content providers or third parties and cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of NEWBHARAT AGENCY TOURS & TRAVELS.
9.2 NEWBHARAT AGENCY TOURS & TRAVELS has and shall retain all ownership rights in the Website, including all patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill and confidential and proprietary information. The Agent will have no rights in the Website except as explicitly stated in this Agreement.
10.1Any and all disputes or controversies arising out of or in connection with the interpretation, performance or non-performance, or termination of this Agreement, shall, to the extent possible, be settled in the first instance by prompt and good faith negotiations between the Parties.
10.2 If the dispute cannot be settled within seven (7) days by mutual discussions, the dispute shall finally be settled by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by NEWBHARAT AGENCY TOURS & TRAVELS. The venue of arbitration shall be Surat(Gujarat) and the arbitration proceedings shall be conducted in English language.
10.3 Each Party shall bear its own costs (including legal costs) for participating in the arbitration proceedings. The arbitrator’s fees and expenses and other incidental expenses shall be paid by the Parties as determined by the arbitral tribunal.
The Agent shall not assign or transfer all or any of its rights or obligations under this Agreement without the prior written consent of NEWBHARAT AGENCY TOURS & TRAVELS.
NEWBHARAT AGENCY TOURS & TRAVELS shall not be liable to the Agent or any other party claiming for the Agent by virtue of termination of this Agreement for any reason whatsoever for any claim for loss or profit or on account for any expenditure, investment, leases, capital improvements or any other commitments made by the Agent or any other party in connection with their business made in reliance upon or by virtue of this Agreement.
12. Force Majeure
Neither Party to this Agreement shall be liable for failure to perform any of its obligations hereunder during any period in which such performance is delayed by Force Majeure event including but not limited to fire, flood, war, riot, embargo, organized labour stoppage, earthquake, hurricane, acts of civil or military authorities, acts of terrorism, acts of god etc. beyond the reasonable control of the Parties, provided that the Party whose performance is affected by the event of Force Majeure gives notice in writing to the other Party of such event and provided further that the Party whose performance is so affected did not act in a reckless manner or did not willfully misconduct itself.
The various provisions of the Agreement are severable and if any provision is found by the Parties hereto or is held to be invalid or unenforceable by any court of competent jurisdiction such invalidity or unenforceability shall not affect the validity or enforceability of any of its other provisions unless it goes to the root of the Agreement or radically affects it.