THIS AGREEMENT (the “Agreement”) is hereby entered into as of _________________ by and between TRAVELWIRE, INC., (“the Company”) located at 857 Post Road, Suite 336 Fairfield Connecticut 06824 and
___________________________________________________________, an independent contractor (the “Agent”).
WHEREAS, IN CONSIDERATION of the promises and mutual covenants and agreements contained herein, the parties agree as follows:
WHEREAS, IN CONSIDERATION of the promises and mutual covenants and agreements contained herein, the parties agree as follows:
⦁ Services; Independent Contractor..
1.1 Services. The Company shall provide vendor contacts, resources, training, and support for Agent to sell cruises, tours, and vacation packages, including ancillary products related thereto, as more particularly described herein.
(a) Agent shall use the Company’s name, the specific credential required by the vendor as listed on such vendor’s supplier information page (available after logging into Www.travelwire.com), and Agent’s name when booking travel for Agent’s clients. The Agent shall also use the Company’s Seller of Travel number (and all similar numbers) when required. All payments must be routed through the respective vendor and submitted to the Company as described herein. Note that the Company reserves the right to approve or disapprove all sales of cruise lines, tour operators, consolidators, etc. within forty-eight (48) hours of the Company’s receipt of the required reservation booking information.
(b) The Agent shall be responsible for making all Bookings for its clients directly with the travel vendors either electronically or telephonically. WHEN DEALING WITH VENDORS, THE AGENT MUST IDENTIFY ITSELF AS AN OUTSIDE AGENT OF THE COMPANY AND PROVIDE AGENT’S FIRST AND LAST NAME, THE NAME OF THE COMPANY (TRAVELWIRE, INC.), AND TELEPHONE NUMBER OF THE COMPANY (877-860-0010) OR OTHER CREDENTIAL AS SUPPLIED ON THE SUPPLIER INFORMATION PAGE FOR THAT VENDOR TO THE VENDOR WHEN MAKING BOOKINGS, PAYMENTS, CHANGES, CANCELLATIONS, ETC.
(c) It is the responsibility of the Agent to make the reservations for its clients and immediately submit a reservation form electronically to the Company through Www.travelwire.com forty-eight (48) hours of the booking. It is also the Agent’s responsibility to ensure all required information regarding all bookings reaches the Company in a timely manner as described herein. The Company assumes no responsibility for the consequences of booking information submitted incorrectly or outside the timely manner described herein. The Company reserves the right to deduct Twenty-Five Dollars ($25) from the Net Commissions payable to an Agent on bookings not properly submitted to the Company within forty-eight (48) hours of booking to cover research costs incurred by the Company. In no event shall any bookings submitted after the date of travel or for which commission research is requested more than one (1) year from the travel date be commissionable to the Agent.
(d) Any changes that occur after the original reservation must be submitted electronically or telephonically to the vendor by the Agent and submitted to the Company using the electronic method described above via Www.travelwire.com within forty-eight (48) hours of the change. Agent must also confirm all such changes with its clients. The Agent is responsible for assuring that the booking form is complete and accurate before a reservation is booked. The Agent shall keep a copy of each booking in order to check for accuracy. The Agent is responsible for confirming the client’s correct address for document delivery.
(e) Bookings and Notifications. The agent shall, within forty-eight (48) hours of applying a payment to any booking, the Agent will submit the booking information to the Company through the Www.travelwire.com Following the Company’s receipt of each booking submitted by the Agent, the Company will make available to to Agent an electronic confirmation indicating pertinent information to such booking, i.e., travel date, ship/property, deposit received, balance due and date, document requirements, insurance information, client names, etc. as supplied by the Agent. Agent is fully responsible for the accuracy of said confirmations. The Agent must promptly forward these notifications to its clients. In addition, the Agent must forward the client version of the vendor’s confirmation to their client when such documents are available. It is the Agent’s sole responsibility to ensure that its clients receive these documents. The Agent should be aware of all travel that requires a United States passport and other documentation required for travel and should advise Agent’s clients of these requirements, including the estimated time to obtain a passport if the client does not have one
1.2 Independent Contractor . The Parties hereto acknowledge and agree that Agent is an independent contractor, and Agent is solely responsible for its actions and inactions. There is no employer / employee relationship between the Company and Agent. Agent shall have the right to control and determine the method and means of providing services to its clients. The Company shall not have the right to control or determine such method or means. Agent may perform services for, or be an employee of, several businesses at one time. Except as otherwise set forth herein, Agent is responsible for obtaining its own materials, brochures, training, etc. The Company neither insures nor guarantees the work performed by Agent and is not liable nor responsible for any other irregularity or any consequences resulting therefrom.
1.3 Compliance with Laws. Agent is solely and expressly responsible for operating in accordance with all applicable federal, state and local laws, rules and regulations, including laws pertaining to the offering and sale of travel services. Any permits or licenses required for the Agent to conduct its business are the sole responsibility of Agent as are any expenses related thereto. Any Agent that engages in business in the State of Florida shall register for an exemption from registration as a travel agent using the Company’s Seller of Travel number and shall provide evidence of registration with the State of Florida to the Company within twenty (20) days following receipt of proof of filing from the State and on an annual basis thereafter
1.4 No Exclusivity. The Company will occasionally market specific travel offers through its Agents, i.e., blocked group space cruises, preferred rates or commissions, etc. These offers will be marketed on a non-exclusive basis. More than one Agent may be appointed in the same marketing area at the discretion of the Company, however, the Company shall use its best efforts not to appoint more representatives than any given area can support.
1.5 Operations of Agent.
(a) Entity. The Company recommends but does not require, that Agent establish a separate limited liability company, corporation, partnership, or other similar entity to conduct its travel business. In the event that Agent elects to operate Agent’s business through