Agency Agreement No.____

Yessentuki

__________ ____, 2018

Rodina Hotel & Spa represented by Individual Entrepreneur Naira Georgievna Kyulbyakova acting under Certificate of State Registration 304261835900133, hereinafter referred to as "the Hotel & Spa", and ____________________ represented by _______________________________, acting under the Charter, hereinafter referred to as "the Agent", have entered into this agreement as follows:

1. Subject of the Agreement.

The Hotel & Spa charges, and the Agent assumes the obligation to sell on its own behalf and on the conditions of this Agreement the range of services provided in Rodina Hotel & Spa located at 11 Andzhievskogo str., Yessentuki.

2. Responsibilities of the Parties

2.1 The Hotel & Spa undertakes to:

2.1.1. Host clients directed by the Agent in accordance with the booking agreed, confirmed and paid by the Agent.

2.1.2. Provide services included in the list of Hotel & Spa services to clients directed by the Agent, at the prices applicable at the time of reservation payment.

2.1.3. Provide information on changes in the cost of services by fax or in any other written form five (5) days before the date of possible check-in.

2.1.4. Inform the Agent on the possibility to fulfill the booking by telephone or fax message within 2 hours.

2.1.5. Provide the Agent with printed and other materials required to familiarize concerned parties with the rules and policies of stay as well as services provided in the Hotel & Spa.

2.1.6. Confirm the Agent’s request for room reservation subject to availability.

2.1.7. Host the Agent’s clients only upon presentation of a voucher executed in the agreed form with the Agent’s stamp and the Agent client’s signature. Other document may be used as agreed between the parties.

2.1.8. Issue all accounting documents and vouchers to "the Agent” or its representative under the power of attorney.

2.1.9. Submit acts of completed works for services provided to the Agent’s clients.

2.2. The Agent undertakes to:

2.2.1. Implement the range of Hotel & Spa services under the terms of full financial autonomy, as well as assume all costs associated with the range of services implemented and promotion (advertising, communication and other expenses). These expenses shall not be reimbursed or compensated to the Agent.

2.2.2. Pay for the Hotel & Spa services in a timely manner.

2.2.3. Agree with the Hotel & Spa an check-in schedule for its clients.

2.2.4. Inform client of the terms and conditions hereof in the part concerning them, as well as all terms and conditions of reservation, payment, checking-in, staying, provision of services and price lists for services rendered in the Hotel & Spa.

2.2.5. Once a preliminary booking is agreed with the Hotel & Spa, reserve rooms by fax or in any other written form indicating the required number of rooms by categories, terms to staying in them, the list of ordered services, composition of guests, the surname of a responsible guest and an Agent’s employee. Additional information may be also requested upon agreement.

2.2.6. In case of booking cancellation inform the Hotel & Spa by fax or in any other written form accordingly.

2.2.7. Send its clients to the Hotel & Spa only after confirming that the funds are credited to the Hotel & Spa settlement account.

2.2.8. Submit Agent Reports and acts of completed works to the Hotel & Spa until the 10th day of the month following check-in for remuneration and agency reports in accordance with Paragraph 3.1.

2.3. Booking cancellation in case of collective check-in (four rooms or more) shall be not later than 7 days before the check-in date.

2.4. For the purposes of this agreement, the Agent has the right to conclude subagency agreements with other persons, while remaining accountable to the Hotel & Spa for subagent’s actions.

2.5. The Parties undertake to respect the confidentiality of relations and not to disclose to any other party any information hereunder without the written consent of the other party.

3. Procedure of Settlements.

3.1. The Agent shall receive remuneration amounting to 10% of the cost of staying in the reserved rooms.

3.2. The Agent shall pay to the Hotel & Spa the cost of reserved rooms by money transfer to the settlement account or in cash to the Hotel & Spa cash department within 2 bank days after the billing date or within the time specified in the reservation confirmation. When paying, the Agent shall be entitled to withhold the amounts of remuneration owed to it under this Agreement.

3.3. When paying by bank transfer, the Agent shall forward a payment order to the Hotel & Spa by fax after the transfer.

3.4. In exceptional cases (by prior agreement in facsimile or other writing form) payment can be made by the Agent after the client’s check-in date, but not later than two bank days after check-in.

3.5. In case of early check-out from the Hotel & Spa of a guest directed by the Agent, the Hotel & Spa shall return money for unused services to the Agent only subject to a reasonable service quality claims confirmed in writing by the Hotel & Spa administration. In all other cases the return of unused money shall not be made.

3.6. In case of early check-out from the Hotel & Spa of a guest directed by the Agent and in other cases entailing the need to recalculate amounts occurred through no fault of the Hotel & Spa, the Agent’s remuneration shall be recalculated accordingly.

3.7. Reservation shall be valid for the period specified in the booking. Days late shall not be restored.

3.8. Settlements shall be made in rubles in accordance with the price list.

4. Responsibility of the Parties.

4.1. Reservation guarantees.

4.1.1. In the case of individual reservation, it will be guaranteed by the Hotel & Spa only subject to an advanced payment made by the Agent in the amount of the room cost for one night stay, blocking one night on the Guest’s credit card or when guaranteed by a letter submitted by the Agent.

4.1.2. In the case of collective reservation, it will be guaranteed by the Hotel & Spa only subject to an advanced payment made by the Agent in the amount of 30% of the total event cost.

4.1.3. When a deposit is not made within 12 hours for individual reservation and within three (3) business days for collective reservation from the time of filed booking confirmation by the Hotel & Spa, it (reservation) shall be non-guaranteed, i.e. the Hotel & Spa has the right to provide rooms and services to other persons in its sole discretion.

4.1.4. In the case of booking confirmation the Hotel & Spa guarantees the provision of the confirmed service. Any changes in the conditions shall be agreed by the Parties on a case-by-case basis.

4.2. In case of reservation cancellation:

In case of refusal of the booking 5 days before check-in to the hotel, the reservation shall be cancelled without invoicing penalties.

In case of refusal less than 5 days before check-in, the Agent shall pay to the Hotel & Spa a fine amounting to 25% of the cost of the rooms booked.

In case of refusal less than 3 days before check-in, the Agent shall pay to the Hotel & Spa a fine amounting to 50% of the cost of the rooms booked.

If the reservation is cancelled one day before check-in to the Hotel & Spa, the Agent shall pay 100% of the cost of the rooms booked.

The fine shall be paid within 2 bank days after the date of anticipated check-in. The Agent shall pay a penalty of 0.5% of the payment amount for each day of delay in payment.

4.3. If the reservation is not paid on time (Paragraph 3.2.), it shall be cancelled automatically. The Hotel & Spa in this case shall not be responsible for any claims of the Agent, its clients or third parties. The date of payment shall be the date when the Agency's funds are credited to the bank account or received in the cash department. In this case the actions of banks or other organizations that have prevented the Agent to fulfill the requirement of this paragraph shall not release the Agent from responsibility. The risk of delay in banking operations shall be borne by the Agent. In any event, the reservation amount shall be paid by the Agent in full before the Agent’s clients check in to the Hotel & Spa.

4.4. In case of late payment of services (Paragraph 3.5.), the Agent shall pay a penalty of 0.5% of the amount for each day of delay in payment.

4.5. If the Hotel & Spa shall pay money to the Agent, the former is obliged to pay them within 2 bank days after the date of the invoice agreement. The Hotel & Spa shall pay a penalty of 0.5% of the amount for each day of delay in payment.

4.6. In case of violation of Paragraph 2.2.4. the Agent shall compensate the Hotel & Spa for losses arising from malpractice in the provision of information to clients.

4.7. The Hotel & Spa shall not be responsible for not using the reserved rooms paid by the Agent, and monetary amounts paid shall not be refunded.

4.8. The Hotel & Spa has the right to refuse to accept Agent’s clients in the following cases:

- Check-in in days and time not in line with the agreed check-in schedule

- Late payment

- Presentation of a document (voucher) in the non-agreed form.

4.9. The Party shall not be financially liable if it proves that the breach of its obligations was due to force majeure.

4.10. Disputes between the Parties not settled in an amicable way shall be resolved by the Arbitration Court of Yessentuki.

4.11. All other matters not covered by this Agreement shall be governed by the applicable laws of the Russian Federation.

5. Term of Agreement.

5.1. This Agreement shall enter into force at the time of its signing and is valid until ______.

5.2. The Agreement may be terminated by either party upon at least 30-day written notice in the absence of claims from the other Party.

5.3. The provisions of this Agreement concerning the procedure of reservation, payment (Paragraphs 3.1, 3.2, 4.2.), cancellation (Paragraphs 2.3, 4.1.) shall become null and void in case of the public provision for sale (offer) of a holiday (or other) package of services by the Hotel & Spa. In this case, the Hotel & Spa offer shall specify new conditions of reservation, payment, cancellation, as well as the period of validity of these conditions. Any actions to prove the Agent’s intention to be guided by new conditions shall represent the acceptance of the abovementioned offer.

5.4. The Agreement shall be prolonged automatically for 1 year when the Parties have no claims against each other.

5.5. This Agreement is executed in two copies (possibly facsimile), each having equal legal force, one for each Party.

6. Legal addresses and bank details of the Parties.

Hotel & Spa:

Individual entrepreneur

N.G. Kyulbyakova
11 Andzhievskogo str., Yessentuki, 357600
INN (Tax ID No.) 261801572735
OGRNIP (Primary State Registration Number of the Individual Entrepreneur) 304261835900133
Settlement account 40802810860030100638
BIK (Sort Code) 040702615
Correspondent account 3010810907020000615
STAVROPOL BRANCH No. 5230
PJSC SBERBANK Stavropol
Tel. (87934) 5-47-07, fax (87934) 5-45-50
e-mail: rodina_essen@mail.ru
www. rodina-essen.ru
________________________N.G. Kyulbyakova
Seal Here



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