Terms And Conditions
AGREEMENT SCOPE / DEFINATIONS / PROCEDURES / TERMS & CONDITIONS:-
1. WBS (Whole Sale Booking System) :
In these Terms and Conditions, the following definitions shall apply:
Is as defined under the scope of this Agreement.
Means the Southern’s Wholesale Booking System which gives Primary Agent and the Primary Agent’s Users access to the Central Booking System.
1.1.3. “Terms and Conditions”
Means the Terms and Conditions stipulated within this Agreement.
1.1.4. “Primary Agent”
Means a sales/travel agent which may be appointed by Southern in the Territory to sell Southern’s Products and Services. Primary agent is in no way can be considered Southern’s employ or shareholder and Southern is not responsible for his transactions other than the ones authorized in this agreement.
1.1.5. “Official Email Address”
Means the email address “______________”, provided by the Primary Agent, which will be used by THE EDGE to deliver the Login ID/Password of the WBS, signing Exchange orders for Visa processing & Hotel / Package booking.
1.1.6. “Southern Intellectual Property”
Means all Intellectual Property rights, patents, inventions, know-how, trade secrets and other confidential information, registered designs, copyrights, data base rights and design rights, trademarks, service marks, logos, domain names, business names, trade names, moral rights, and all registrations or applications to register any of the aforesaid items, rights in the name of any of the aforesaid items in any country or jurisdictions, and rights to sue for passing off. proprietary to Southern, whether or not registered.
Means any and all claims, disputes, actions, demands, causes of action, suits, legal actions, and/or litigation.
Means calendar days.
1.1.9. “Financial Guarantee”
Means a Bank Guarantee or refundable cash deposit.
Means such products, services and any other activities Southern may offer from time to time make available and/or assign to the Primary Agent to make available and sell on its behalf to the public (passengers/potential passengers), not including cargo services.
Means the services provided to the Primary Agent under this Agreement.
1.1.12.“Users of Primary Agent/Sub-agent
Means Users of Primary Agent, which may include, but not limited to Primary Agent’s staff (with different user rights), branches or branch staff, sub-agents or any other user/login created and performed transactions on behalf of Primary Agent directly / indirectly with Southern by using Primary Agent’s login interface. All such transactions will be 100% responsibility of Primary Agent itself & Primary Agent will be liable to clear any outstanding amount as a result of such transaction.
1.1.13.“Central Booking System”
Means the WBS computer system operated by Southern, by which the Primary Agent and the Primary Agent’s Users, can make Bookings either through the THE EDGE or through Southern’s Call Centre.
Means both requested and confirmed bookings or reservations for Southern’s Products made by the Primary Agent and the Primary Agent’s Users.
Means WBS’s booking procedures available via THE EDGE Systems which the Primary Agent and the Primary Agent’s Users must follow in order to make Bookings.
Means the request by the Primary Agent to Southern for a booking or reservation of Southern’s Products.
Means the credit limit approved by Southern Management on agreed Terms and Conditions stipulated within a separate legal agreement.
Means the rates offered by Southern for the sale of Products to the Primary Agent and displayed to the Primary Agent via THE EDGE Systems.
Means any special condition, terms or information about the Products as notified to the Primary Agent either during their Booking Process or otherwise by WBS.
Means the end user or person travelling.
1.2. WBS – TERMS & CONDITIONS :
Subject to the complete satisfaction of all Terms and Conditions set out in this Agreement:
1.2.1. Southern hereby engages Primary Agent to sell the Southern’s Products in the territory of ----------and Primary Agent agree to sell in accordance with the Terms and Conditions of this Agreement.
1.2.2.Southern’s engagement of the Primary Agent is on a non-exclusive basis and it shall have the right to appoint more than one Primary Agent whether during the term or after termination of this Agreement.
1.2.3.Primary Agent shall commence the sale of Products after getting login ID from “Southern” and shall at all times comply with the Terms and Conditions of this Agreement.
1.2.4.The Parties hereby agree to work together to promote and sell Southern’s Products and Services.
1.2.5.Primary agent warrants and undertake that all liabilities lie with primary agent and primary agent shall disclose this fact to the sub agents and it must be the part of their agreements as well. The Sub agent shall not deem to be entitle for any rights or liabilities towards Southern and shall never be deemed to be the agent or sub agent of Southern.
1.2.6. The Primary Agent may, if so desires at its own cost & risk, appoint other Agents within the Territory and if so, Primary Agent shall remain responsible and liable directly to Southern for compliance with the Terms and Conditions of this Agreement, including procuring the compliance of all its Users or sub-agents with the Terms and Conditions of this Agreement.
1.3. LOGIN, DISTRIBUTION AND AUTHORIZED USAGE
1.3.1. Login ID/Password once provided by Southern to the official email address of Primary Agent. It will be the sole responsibility of the Primary Agent. Primary Agent will be responsible for its safe keeping and authorized use. In case of theft, hacking or any unauthorized use Primary Agent will inform Southern in writing, Southern will block the ID & Password within best possible minimum time. Till the time ID & Password is blocked, Primary Agent will be responsible for all the transactions made under its ID & Password.
1.3.2. Notwithstanding any other references to licensing and/or distribution in this Agreement, the Primary Agent shall not have any right whatsoever, (express, implied or otherwise) or be deemed to have any such right to either resell and/or distribute and/or license any of the Southern content, suppliers, technologies and services via web services, including but not limited to any mobile sites or travel applications. The Primary Agent can only add staff, sub-agents/branches through its own login interface and will be responsible for all acts of Users created by him which includes staff, sub-agents, branches etc. Therefore any transaction under Primary Agent’s interface will be sole responsibility of the Primary Agent.
1.4.1. The Terms & Conditions set out in this Agreement, the Booking Confirmation, any Special Conditions and any mutually agreed schedules or appendices, as applicable, shall form the entire agreement between Southern and Primary Agent in respect to all Southern Products and Services sold by Primary Agent. (The “Agreement”).
1.4.2.If there is an inconsistency between any of the provisions of the Terms and Conditions and the Booking Confirmation, any Special Conditions and any mutually agreed schedules or appendices, as applicable, the provisions of the Terms and Conditions set out in this Agreement shall prevail.
1.4.3.Each party acknowledges that, in entering into the Agreement, it does not rely on any statement, representation, assurance or warranty of any person (whether a party to the Agreement or not) other than as expressly set out in this Agreement.
1.4.4.No variation of this Agreement shall be effective unless it is in writing and signed by the Parties (or their authorized representatives).
1.4.5.The Primary Agent shall not, without the prior written permission of Southern, assign, transfer or deal in any other manner with, the Terms and Conditions of this Agreement, or any of its rights and obligations under or arising out of the Terms and Conditions of this Agreement, or purport to do any of the same.
1.4.6.The Primary Agent shall not, without the prior written permission of Southern, subcontract or delegate any of its obligations, under the Terms and Conditions of this Agreement, to any third party or agent.
1.4.7.This agreement shall not in any way prejudice, interfere with or limit the Southern’s right to appoint other Primary Agents. The Primary Agent shall have no right of commission (including but not limited to lost profit or revenue) from such sales made by Southern, either by its own organization, or through other agents.
1.4.8.The Terms and Conditions of this Agreement are drafted in the English language. If these Terms and Conditions are translated into any other language, the English language text shall prevail.
1.4.9.The Primary Agent represents and warrants to Southern that the person signing the Agreement on its behalf is duly authorized to do so and to validly represent and bind the Primary Agent under the Primary Agent’s constitution documents and the laws of the country of the Primary Agent’s incorporation and all formal requirements necessary to bind the Primary Agent, including but not limited to, the requirements to seal this Agreement, if applicable, have been complied with.
1.5.1. The Primary Agent shall make Booking Requests:
22.214.171.124. Through the THE EDGE and/or
126.96.36.199. Through Southern’s Response Centre/Call Centre; and/or
188.8.131.52. Through such other means as otherwise directed by Southern to the Primary Agent in writing from time to time.
1.5.2.Each Booking request made by the Primary Agent will be treated as an offer by the Primary Agent to enter into an agreement with Southern. Such offer will be deemed to have been accepted by Southern when Southern has transmitted to the Primary Agent Southern’s Booking Confirmation.
1.5.3.It is the Primary Agent’s responsibility to read any Special Conditions attached to any booking Request or Booking Confirmation or information otherwise brought to the Primary Agent’s attention by Southern and to ensure the Primary Agent is aware of all points noted as being the specific responsibility of the Primary Agent.
1.5.4.Southern reserves the right to vary Southern’s Rates applicable to Bookings at any time on notice (email, sms, newsfeed etc.) to the Primary Agent as a result of any matters outside Southern’s control including, without limitation, trade fairs or changes in applicable taxes.
1.5.5.Southern shall be entitled, without liability, to refuse, amend or cancel at the Primary Agent’s expense any Bookings made by the Primary Agent or any User created under Primary Agent’s interface that Southern believes, for any reason, are not bona fide Bookings for fully independent travel.
1.5.6.The Primary Agent will be liable for any charges or fees, penalties ADMs (Agency Debit Memos) associated with the Bookings the Primary Agent or any User created under Primary Agent’s interface make or attempt to make via Southern’s Systems or otherwise.
1.5.7.The Primary Agent will not challenge any Refunds or ACMs (Agency Credit Memos), associated with the Bookings the Primary Agent or any User created under Primary Agent’s interface make or attempt to make via Southern’s Systems or otherwise.
1.5.8. The Primary Agent agrees to follow Southern’s Booking Procedures when making bookings. Southern will explain/train about the Booking Procedures to the Primary Agent on receipt of a written request from the Primary Agent.
1.6. Southern RATES
1.6.1. Unless otherwise stated, Products supplied to the Primary Agent by Southern are supplied at net rates for the Primary Agent to apply its margin on such rates and the Primary Agent will not receive any commission from Southern.
1.6.2.Daewoo bus booking services are supplied at gross rates and the Primary Agent will receive commission at Rates agreed in advance and in writing with Southern.
1.6.3.Rates are updated regularly on WBS.
1.6.4.The Primary Agent shall not, in any circumstances, disclose Southern's net Rates or any information relating to such Rates to any third party (excluding Users/Sub-Agents for which the Primary Agent has obtained prior written consent from Southern). Southern reserves the right to cancel all reservations and terminate, with immediate effect, all contracts without notice to the Primary Agent.
1.7. PRIMARY AGENT
1.7.1. The Primary Agent may only add its own Sub-Users on special request and terms and conditions of Southern.
1.7.2.It is the Primary Agent’s sole responsibility to train its Users and to provide technical and operational support for the same in relation to the WBS and any other applicable Southern System, solely at the Primary Agent’s risk and expense.
1.7.3.Southern will not accept any direct communication, correspondence or instructions from the Primary Agent’s Users, sub-agents or branches if referred and in all instances of the same; Users will be immediately referred back to the Primary Agent.
1.7.4.The Primary Agent will be fully responsible for all Bookings made by its Users or any traveler(s) added by the Primary Agent and for all payments, fees or expenses due on Bookings made or attempted to be made by any such traveler(s) or Users of Primary Agent.
1.7.5.The Primary Agent is not permitted to hold or to pass on any unauthorized software or means of access to any Southern Systems to any third party, without prior written confirmation from Southern.
1.7.6. When the Primary Agent ceases to be a client of Southern, the Primary Agent and its Users’ access to the WBS and all other Southern Systems will be automatically and immediately terminated by Southern.
1.8. CANCELLATION OF BOOKINGS
1.8.1. The Primary Agent indemnifies Southern in full against all loss, costs, damages, charges and expenses incurred by Southern as a result of any cancellation of Bookings made by the Primary Agent or its Users.
1.9. INVOICING & PAYMENTS
1.9.1. The Primary Agent will pay to Southern the price shown in the ledger which shall supersede any rate or rates shown elsewhere.
1.9.2.Real time online invoice will be generated by the WBS to the Primary Agent for Bookings electronically or by any other means as elected by Southern from time to time. Invoices will be issued in the name of Primary Agent to whom tickets / services have been rendered / provided. All invoices are payable within the credit term advised to Primary Agent.
1.9.3. Sales against Credit/Debit limits: All sales (Hotels/Flights/Packages/Cabs etc) on Southern’s WBS “THE EDGE” against available credit limit/debit balance (Advance accounts) will be dealt according to SOP/Terms and conditions communicated from time to time by Southern under a separate agreement for credit/advance facilities to the primary agent.
1.9.4.Payment of Southern’s invoices must be made by the Primary Agent in the quoted currency by banker’s draft or bank transfer to the relevant bank account specified by Southern. Southern can accept cash, Primary Agent’s Cheque or credit cards as a form of payment. Credit of this amount will be given to the Primary Agent only when the amount is cleared in the Southern’s bank Account.
1.9.5.All invoices and or any amounts due under the Terms and Conditions of this Agreement are due and payable by the Primary Agent in cleared funds and in full without any discount, deduction or withholding other than as required by law. The Primary Agent shall not be entitled to assert any credit, set-off or counterclaim against Southern in order to justify withholding payment of any such amount in whole or in part.
1.9.6.From time to time, Southern may also issue consolidated statements to the Primary Agent listing all outstanding invoices and amounts due by the Primary Agent to Southern.
1.9.7.The Primary Agent agrees that the invoices and or consolidated statements issued by Southern, which have not been disputed in good faith in accordance with Clause 1.9.8 below, shall be conclusive evidence that:
· Southern has provided and the Primary Agent has purchased and accepted the Products in relation to which the invoice has been made.
· That amounts provided in such invoices are due and payable in full, within the time stipulated in clause 1.9.9 of this Agreement, by the Primary Agent.
1.9.8. If there is any item of bona fide dispute arising out of or in connection with any invoice or consolidated statement, full details of the dispute must be made known to Southern by the Primary Agent in writing within three (3) days of the date of the disputed invoice(s) or consolidated statement. The Primary Agent shall take all reasonable steps and provide all necessary information and co-operation as may be requested by Southern in order to resolve the dispute.
1.9.9.If the invoice /statement is not disputed within three (3) days, it cannot be disputed at any later stage and will be payable entirely by the Primary Agent.
1.9.10. If payment is not received by Southern (in form of cash or credited in Southern’s specified bank account) on or before the due date and in accordance with the Terms and Conditions of this Agreement Southern reserves the right to take actions, including but not limited to the following, against the Primary Agent:
184.108.40.206. Disconnecting the Primary Agent’s access to all or any of Southern’s WBS’ or electronic systems;
220.127.116.11. Enforcing the Security;
18.104.22.168. Ceasing to make any new reservations or Bookings sent to Southern;
22.214.171.124. Terminating, with immediate effect, any or all contracts with Southern at Southern’s discretion;
126.96.36.199. Cancelling existing Bookings or demanding prepayment as a condition of their not being cancelled;
188.8.131.52. Cancelling any space being held by Southern on the Primary Agent’s behalf; and/or
184.108.40.206. Charging interest on a daily basis at Karachi Interbank Offered
Rate plus one percent (KIBOR+1%) per annum calculated on the total amount of each outstanding invoice from the date of the invoice, until the date of payment (together with all costs (legal or otherwise) and expenses incurred by Southern or on Southern’s behalf in the collection of any overdue amount.
1.9.11. The rights and remedies provided in the Terms and Conditions of this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
1.10. CREDIT LIMIT
1.10.1. The Primary Agent agrees not to exceed the Credit Limit (if any), defined in clause 1.1.17 of this Agreement.
1.10.2. The Primary Agent’s Credit Limit may be amended or revoked by Southern at any time, for any reason without prior written notice to the Primary Agent.
1.10.3. If the Primary Agent exceeds the Credit Limit (if any), Southern shall request and the Primary Agent shall make an immediate payment on account to reduce any outstanding debt so that it falls below the Credit Limit.
1.10.4. Southern reserves the right to review the authorized credit limit based on overall performance of the agent (credit & business efficiency) and may reduce or increase the said limit accordingly.
1.10.5. Should the Primary Agent breach any of the above clauses 1.10.1, 1.10.2, 1.10.3 and or 1.10.4 Southern reserves the right to refuse any Bookings and or immediately review and amend the Primary Agent’s Credit Limit.
1.11. CASH SECURITY
1.11.1. Southern shall review the amount of Security required from time to time and reserves the right to require an immediate increase of Security.
1.11.2. If at any time during this Agreement in Southern’s opinion any existing Security is insufficient to secure the obligations of the Primary Agent hereunder (including, but not limited in case of expiration, revocation of the bank guarantee (if any), or drawing upon the cash deposit (if any), Southern reserves the right to refuse any further bookings and reservations, review and amend the Credit Limit , and / or demand immediate payment of all and any outstanding invoices due and payable by the Primary Agent as at the date of such Security ceasing to secure the Primary Agent’s obligations.
1.12. TERM & TERMINATION
1.12.1. This Agreement comes into force on the date that is signed by both parties and is subject to any credit approval and the receipt of any security required by Southern.
1.12.2. This Agreement shall continue until terminated by either party giving to the other thirty (30) day’s prior written notice.
1.12.3. If the Primary Agent:
220.127.116.11. Fails to pay any sum due under this Agreement;
18.104.22.168. Breaches any of the Primary Agent’s obligations and or any of the Terms and Conditions contained in the Terms and Condition of this Agreement and fails to cure such breach within seven (7) days of receiving notice from Southern specifying such breach;
22.214.171.124. Goes into compulsory or voluntary liquidation;
126.96.36.199. Has an administrator or a receiver appointed over any part of the Primary Agent’s assets or business; or
188.8.131.52. Ceases or threatens to cease business
1.12.4. Then, without prejudice to any rights or remedies Southern may at its sole discretion, terminate this Agreement immediately or on such notice period Southern sees fit without any liability to the Primary Agent and the Primary Agent shall immediately re-pay any monies due and payable to Southern at the date of such termination and until such monies are paid such monies shall be held on trust for Southern.
Subject to the complete satisfaction of all Terms and Conditions set out in this Agreement:
1.13.1. Southern hereby engages Primary Agent to sell the Southern’s Products in the territory of ----------and Primary Agent agree to sell in accordance with the Terms and Conditions of this Agreement.
1.13.2. Southern’s engagement of the Primary Agent is on a non-exclusive basis and it shall have the right to appoint more than one Primary Agent whether during the term or after termination of this Agreement.
1.13.3. Primary Agent shall commence the sale of Products after getting login ID from “Southern” and shall at all times comply with the Terms and Conditions of this Agreement.
1.13.4. The Parties hereby agree to work together to promote and sell Southern’s Products and Services.
1.13.5. Primary agent warrants and undertake that all liabilities lie with primary agent and primary agent shall disclose this fact to the sub agents and it must be the part of their agreements as well. The Sub agent shall not deem to be entitle for any rights or liabilities towards Southern and shall never be deemed to be the agent or sub agent of Southern.
1.13.6. The Primary Agent may, if so desires at its own cost & risk, appoint other Agents within the Territory and if so, Primary Agent shall remain responsible and liable directly to Southern for compliance with the Terms and Conditions of this Agreement, including procuring the compliance of all its Users or sub-agents with the Terms and Conditions of this Agreement.
2. CTB (Credit Ticketing Business)
2.1. Max. Credit Term:
1) For Web Based Suppliers: (Advance basis – No Credit)
2) For other Suppliers: As per prevailing IATA Notification
2.2. Payment Deadline:
The Payment deadline shall be TWO (2) working days before the corresponding official IATA/BSP deadline, unless, otherwise notified by IATA. (on the 12th and 28th) working day of every month).
2.3. Service Charges:
As per Southern Policy (From time to time).
2.4. Travel Authorization:
Tickets will not be issued without receiving a travel authorization form (Purchase Order/XO) duly signed by authorized person(s) OR email from designated email ID. (As per Annexure “B” attached)
2.5. General Terms & Conditions:
Southern and the PRIMARY AGENT Agree to comply with the Terms & Conditions attached hereto (Which have been initiated by the parties for purpose of identification).
GENERAL TERMS AND CONDITIONS
2.6.1. Invoices will be issued in the name of PRIMARY AGENT to whom tickets / services have been rendered / provided. All invoices are payable within the credit term advised to PRIMARY AGENT.
2.6.2. If any invoice or invoices remain unpaid beyond the stipulated credit terms, Southern may take necessary action for the recovery of unpaid amounts.
2.6.3. At the end of every fortnight a statement will be sent for reconciliation with PRIMARY AGENT by Southern, to ________ (Designation) of the PRIMARY AGENT for information and over all fortnight activity with acknowledgement of receipt due in either electronic or written form.
2.6.4. If in two days from receipt of the statement the Primary Agent’s authorized person /persons there is either confirmation /queries or no reply from the Primary Agent’s authorized staff, the statement will be considered as true and binding on both parties.
2.7.1. It is understood and agreed that Southern only acts as a Primary Agent for the supplier providing transportation or other services covered by this agreement. All coupons, receipt, ticket and other documents are issued subject to the terms and conditions specified by the supplier. By using the services of the supplier, PRIMARY AGENT agrees that neither Southern nor any of its affiliated companies shall be liable for any losses made by PRIMARY AGENT in pursuant to this agreement, in connection with any transportation, accommodation or any other services or resulting directly or indirectly from any occurrences or conditions beyond Southern’s control including (without Limitation) defects in vehicles, breakdown in equipment, strikes, thefts, delay or cancellation of and / or change in itinerary.
2.7.2. In case of Visas, Southern will not be responsible for any delay/refusals by embassies/ immigration authorities and will not be liable to refund visa fees or visa processing charges.
2.8. REFUND PROCEDURES:
Southern wills, at the request of the PRIMARY AGENT make every reasonable effort to obtain refunds from the suppliers for totally or partly unused travel documents. Refund will only be credited to the Primary Agent’s account after meeting the following conditions:
2.8.1. The original PNR to be submitted to the Southern.
2.8.2. All conditions for processing the refund have been fulfilled in accordance with supplier’s policy.
2.8.3. Southern has received a refund from the supplier.
2.8.4. In all cases where the PRIMARY AGENT has made or intends to make a refund claim, the total value of the travel document must first be paid to Southern along with refund charges.
2.9. WEB BASED SUPPLIERS:
The Primary Agent shall pay the amount in advance, and Southern will issue the travel document once amount is received (in cash) or credited in its bank account.
It is hereby understood and agreed that neither party may assign or transfer agreement without the express written permission of the other party. In case it is agreed to transfer the Agreement, a similar new agreement will be drawn up with the assigned party after due diligence and closure of the existing agreement.
2.11. TERMINATION OF CREDIT FACILITY:
2.11.1. Southern reserves the right to review the authorized credit limit based on overall performance of the Primary Agent (credit & business efficiency) and may curtail, reduce, increase or, terminate the credit facility and the said limit at its sole discretion for any reason whatsoever.
2.11.2. The decision of Southern about revision/withdrawal of credit limit of the Primary Agent will be final and shall not be challengeable in any court of law in or out of Pakistan.
2.11.3. If the Primary Agent intends to terminate the agreement with Southern, it will pay all the dues payable to Southern including any ADM/Penalty imposed by any supplier related to the Primary Agent, before any documents tendered to Southern by the Primary Agent at the time of entering into the agreement are returned.
2.11.4. Further, the Primary Agent undertakes to pay any ADMs / Penalties pertaining to his purchases from Southern, discovered or received from airlines or suppliers after termination of this agreement for any reason whatsoever.
3. VPB (VISA & PACKAGE BUSINESS)
3.1. Dubai (UAE) Visa :
a. 14 Days Transit Visa
b. 30 Days Tourist Visa
c. 90 Days Tourist Visa
3.1.1. TERMS AND CONDITIONS
184.108.40.206. That the Primary Agent will pay the Nonrefundable Visa Fee in advance and in full as per rate sheet, marketed time to time based on market conditions, by Southern.
220.127.116.11. That the Primary Agent will provide complete information of Traveler as per Visa Application form (Floated time to time) duly signed by Traveler.
18.104.22.168. That the Primary Agent shall responsible for acts, any involvement in criminal activities and behavior of their traveler throughout his/her stay in UAE and any penalty imposed by UAE Authorities will be the responsibility of the Primary Agent. Southern will not give any sort of support if traveler is arrested by the UAE authorities.
22.214.171.124. That the Primary Agent will fully undertake the responsibility and guarantee that the traveler will return back to Pakistan or third country (transit UAE) within the validity of visa. If the traveler overstays the Agent / applicant is solely responsible for the penalties towards UAE authorities and towards Southern Travel as well.
126.96.36.199. That the Visa fee is not refundable irrespective of decision on visa application. Once visa application is accepted by Southern Travels for processing, visa fee is not refundable for whatsoever reason including visa refusal, inability to use visa, refusal to enter Dubai, or force majeure etc.
188.8.131.52. That the UAE Transit visa is valid for 14days from the date of issue and the passenger has to travel within the 14 days and stay permitted for 14 days once entered in the UAE. Tourist Visa is for 30days. Primary Agent shall stay only for 14days, and if Primary Agent wants to stay over 14days Primary Agent will have to pay the prevailing difference of 14 Days & 30 Days visa and Southern will entertain it as 30 Days visa subject to recovery of such difference.
184.108.40.206. That the Extensions will be made directly in Dubai subject to provision of necessary information & charges thereon.
220.127.116.11. That the Student and minors will be considered eligible for visa if they are traveling with parents.
18.104.22.168. That the visa issued is valid to travel on any airline.
22.214.171.124. That the Southern Travels will not be responsible for the inability of the applicant for not being able to travel due to denied boarding, offloading, cancellation of flight or any delays or any other circumstances leading to non- utilization of visa.
126.96.36.199. That the decision to approve or refuse a visa is the sole discretion of the Dubai Immigration Authority. Role of Southern Travels is limited only to forward the application and not to influence in any manner, the decision of the Dubai Government is final and binding.
188.8.131.52. That the Approval of visa does not, in any way, guarantee or give a right to applicant to enter UAE/ Dubai. It would be subject to the sole discretion of the representative of Immigration at Dubai Airport. In case of denial of visa or entry into Dubai for whatsoever reason Southern Travels will not be held responsible for any losses, consequential damages, etc.
184.108.40.206. That it is the sole responsibility of the applicant / Agent to ensure that they have all valid travel documents and accuracy of the statements made in the application.
220.127.116.11. That it is the responsibility of the applicant is to ensure that the stay in Dubai is as per visa approval. Any overstay will attract legal action and penalties from Dubai Government. It will be the sole responsibility of the Agent/ applicant to face legal action and pay the penalty if any imposed by the Dubai Government. In this respect, if any, penalty is levied on Southern Travels then Agent / applicant should pay the penalty amount to Southern Travels on immediate basis.
18.104.22.168. That the visa must be accepted as offered and is not transferable.
22.214.171.124. That the Southern Travels is not responsible for the losses/ damages due to delay in processing/ approval of visa for whatever reason it may be.
126.96.36.199. That the visa must be availed during the tenure of the visa and is valid subject to the prevailing rules and regulations and the amended rules of regulations at the time of the arrival/ departure to/ from Dubai.
188.8.131.52. That the Southern Travels will take all reasonable measures to ensure protection/ confidentiality of the personal data/ documents provided by the agent / applicant, and will not be responsible for any un-authorized access by any means to that information.
184.108.40.206. That during the handling of visa application processing Southern Travels shall not be responsible for the loss of any document.
220.127.116.11. That the Primary Agent will ensure to pass color scanned copy of Entry / Exit Stamp along-with Travel History once visa has been utilized by Traveler as per demand of Southern and will extend full support to Southern in this regard.
18.104.22.168. That Southern Travels reserve the right to amend, change, add any terms and conditions at any time without notice or liability and all Agent / applicants availing the facility will be bound by this.
3.1.2. DOCUMENTS REQUIRED
22.214.171.124. Primary Agent will provide the following documents to Southern to process the transaction:
· Scanned copies of first page of travelers Passport valid for 6 months.
· One recent passport size photograph (colored)
· CNIC copy of the travelers
126.96.36.199. In Case of documents provided by the agent / applicant proved fake , it will be sole responsibility of agent /applicant and Southern Travel (Pvt) Ltd shall not be involved in any civil / criminal litigation and if so agent will indemnify by Southern Travel (Pvt) Ltd.
3.1.3. ACCURACY OF INFORMATION
188.8.131.52. It is the Primary Agent’s responsibility to ensure that all information provided to Southern is accurate.
184.108.40.206. The Primary Agent will advise to passengers concerning passport, health, currency, immigration and other regulations in force in countries to and through which they are to travel and ensuring as far as practicable that such regulations are observed by all such passengers. In case the passenger is found travelling on invalid documents at transit or destination and if a penalty is imposed on Southern or on the principal (airline/hotel/other products), the loss shall be recovered from the Primary Agent.
220.127.116.11. The Primary Agent will pay and will be liable for any charges or fees resulting from any inaccurate information being provided to Southern by the Primary Agent or via the Primary Agent’s Users. Southern shall not be liable for and shall be indemnified by the Primary Agent in respect of any loss (direct, indirect or consequential) or third party claims (including but not limited to cancellation fees) suffered by Southern as a result of any incorrect or incomplete details supplied by the Primary Agent in any Bookings made by the Primary Agent, on behalf of the Primary Agent or through the Primary Agent to Southern.
18.104.22.168. Southern shall not be liable to the Primary Agent for any descriptions, representations, illustrations and other particulars supplied by Southern or contained in the WBS in respect of Products given for general information, if the same prove to be incorrect or incomplete in any way.
3.1.4. PROCESSING TIME
22.214.171.124. Visa processing time will be 3 to 4 working days subject to submission of complete documents and payment from Primary Agent. Service visa facility is available on extra charges with processing time of 24 hours. Force majeure, political instability, act of God, unavoidable circumstances whatsoever in visa issuing state, will not be responsibility of Southern in case of delay in visa process time.
3.1.5. PROMISSORY NOTE
126.96.36.199. It is agreed between parties that promissory note PKR 2,000,000/- shall be deposited with Southern Travels and Southern Travel has all right to further deposit in case of default.
188.8.131.52. In case the traveler fails to return back within the validity of this permit, Primary Agent will be liable to pay the penalty imposed by UAE Immigration to Southern immediately on demand, or the security chq will be en-cashed to clear the penalties
184.108.40.206. Both parties fully understand & agreed to the mentioned Terms & Conditions of this agreement.
3.1.7. PENALTIES TO BE BORNE BY PRIMARY AGENT FROM ITS CLIENT
220.127.116.11. Overstay Penalty will be the amount fixed by UAE authorities / immigration from time to time.
18.104.22.168. In addition in case of any punishment by the UAE court or UAE authorities on theft, burglary, fighting, begging, prostitution or any other unlawful / unethical acts of the passenger penalty will be charge to the Primary Agent.
22.214.171.124. And agent / applicant is also liable to pay penalties to Southern Travels if any imposed by Southern Travels
3.2. Umrah Visa & Package services:
Whereas, both the parties have agreed to associate for Umrah season 1436 AH (2014-15) and that Southern shall provide following services to Primary Agent:
126.96.36.199. Provision of Umrah visa contract to the Primary Agent.
188.8.131.52. Assist in timely activation of contract from the Kingdom of Saudi Arabia (Herein after referred as the “Kingdom” or “KSA”) for visa processing. (Subject to provision of documents, guarantees and allied charges from Primary Agent).
184.108.40.206. Act as Manager / facilitator in obtaining Umrah visa from Saudi Umrah Company and allied services as purchased / agreed upon from time to time during the season.
220.127.116.11. Processing of Umrah Visa.
18.104.22.168. Provision of Umrah packages and provision allied accommodation and Transport services in KSA for Umrah Pilgrims (Herein after referred as “Pilgrim”, “Pilgrims”, “Mutamer” or “Mutamers”) of the Primary Agent as per rates quoted by Southern from time to time.
3.2.2. VALIDITY AND TERMINATION
22.214.171.124. This agreement comes into force on the date of signing by both parties and is subject to receipt of any securities required by Southern. The agreement shall be valid for Umrah season 1439 AH (2017-18) or unless terminated by either party. Either party can terminate this contract by giving at least 30 day’s advance notice.
126.96.36.199. In case of violation of any clause of this agreement, Southern may at its sole discretion, terminate this Agreement immediately, without any liability to the Primary Agent.
188.8.131.52. Both parties shall immediately settle the outstanding account dues on receipt of termination notice.
3.2.3. TERMS AND CONDITIONS
General terms and conditions for management of services given in para “1” above are as under:
184.108.40.206. Southern shall provide, on letter head, duly signed / stamped, the details as mentioned in Anx ‘A’ and same should be considered an integral part of this agreement.
220.127.116.11. Southern, in due course of the season, will provide unique system ID’s to the Primary Agent for direct processing of umrah visa request, request status, hotel reservations and accounts management. Detail terms and conditions for it use will be sent separately and will be binding on Primary Agent.
18.104.22.168. Southern shall entertain only those requests of the Primary Agent which are received as per Anx ‘B’ on letter head duly signed by authorized signatories or through authorized E-Mail address of the Southern given in Anx ‘A’.
22.214.171.124. Passports must be sent to Southern for processing at least 15 to 20 days before travel date. However, non-refundable tickets shall not be issued by the Southern till the time visa is endorsed, as Southern shall bear no liability if the visa stamping is delayed due to any reason.
126.96.36.199. At the risk of Primary Agent, Southern may accept passport at short notice but will take no liability of losses suffered by Primary Agent, on any account, due to MOFA / Visa rejection or delay in visa stamping.
188.8.131.52. Primary Agent agrees to take complete accommodation and transport package for the intended duration of stay of each Pilgrim in KSA.
184.108.40.206. Primary Agent will ensure that no Pilgrim proceeds to the Kingdom without purchasing full accommodation and transport services for the intended stay duration.
220.127.116.11. Pilgrims will not be allowed to stay in self-arranged hotels in KSA. Primary Agent shall ensure strict compliance.
18.104.22.168. In case of self-arranged hotels Primary Agent will be given to the Southern an additional amount equal to Saudi Riyals 50/- per person over and above the applicable visa rates.
22.214.171.124. Primary Agent will not sell Visa only or partial packages at any stage of the season.
126.96.36.199. In case Primary Agent intends to purchase and register their own hotels at the Kingdom then the Primary Agent can formulate their own Package basing on their purchased / hired accommodation. Southern will assist Primary Agent in registering such purchased hotels in the name of Saudi Umrah Company at the discretion of Southern.
188.8.131.52. Southern must finalize the Package at the time of submission of passport and same package duration shall be endorsed in MOFA application.
184.108.40.206. Incase if the ticket is issued by Primary Agent or its associated companies, the PNR shall be provided along with passports submitted for Visa processing.
220.127.116.11. Hotel voucher shall be issued strictly as per flight schedule available in the PNR provided to Southern.
18.104.22.168. Primary Agent will ensure provision of Hotel / Service Vouchers for the stay duration to every Mutamer / Group before Travel to the Kingdom. (specimen will be provided by the Southern before commencement of operation)
22.214.171.124. Primary Agent will ensure that arrival information of all Mutamers traveling to the Kingdom for Umrah is sent minimum 48 hours before the flight. (Reporting Channel and Specimen of arrival information will be provided by Southern before commencement of operation)
126.96.36.199. Primary Agent will ensure that all Mutamers exit the Kingdom on expiry of their purchased package according to the Hotel voucher.
188.8.131.52. Primary Agent shall ensure that overstayed Pilgrims cooperate in giving their finger prints to the relevant authorities in KSA as per the laws in vogue. All expenses incurred on such cases shall be borne by the Primary Agent.
184.108.40.206. If a Mutamer or group of Mutamers is unable to travel for Umrah after dispatch of arrival information than Primary Agent will be bound to initiate amendment of such delay before actual time of arrival of these Mutamers or Group at Kingdom. Failure to send the amendment will result into a fine of SR. 100 (One Hundred) per Mutamer for all un-arrived Mutamer.
220.127.116.11. Complaints of Mutamers if any with regards to provision of purchased services will be sent by the Primary Agent to the Southern immediately on occurrence of complaint at Kingdom for timely rectification.
18.104.22.168. Complaints pertaining to refunds on account of non-provision of some part of services will not be entertained if such complaints are initiated after completion of journey and return of Mutamer to Pakistan.
22.214.171.124. No refund will be given on account of un-utilized accommodation services especially in cases where Mutamers intend to stay with their relatives residing in the holy cities of Makkah Mukarmmah and Madinah Munawarah.
126.96.36.199. Likewise no refund will be given on account on un-utilized transport sectors.
188.8.131.52. No refund claim shall be accepted unless Pilgrims, on return, presents the original voucher with written endorsement from the designated service staff of Southern in KSA. All such refund requests must be presented to Southern within 03 working days from the dates of return of Pilgrim to Pakistan.
184.108.40.206. Primary Agent will ensure booking of return flights for all its Mutamers strictly according to the purchased packages dates. In case of variation in date of expiry of package and date of return flight, Primary Agent will be bound to pay the cost of additional stay for all such Mutamers on occurrence.
220.127.116.11. In cases where a Mutamer or Group of Mutamers miss their return flight due to their own fault than all expenses on account of additional stay of these Mutamers in Kingdom and re-issuance of fresh return tickets will be borne by the Primary Agent.
18.104.22.168. Primary Agent warrants & undertakes that the change in travel schedule shall not be allowed after issuance of Hotel voucher.
22.214.171.124. Primary Agent shall strictly forbid their sub agents or Mutamer from changing return seats beyond booked package dates at their own without prior information to staff of Southern deputed in the Kingdom for service of Mutamers.
126.96.36.199. Primary Agent will be liable to pay MOFA / approval charges if a visa is rejected by Embassy / Consulate due to any reason.
188.8.131.52. Similarly if after issuance of visa a Pilgrim fails to travel due to any reason than the amount as prescribed in the agreed package / rate list will be payable by the Primary Agent.
184.108.40.206. Primary Agent shall be responsible for the conduct of their Pilgrims in KSA. All responsibility in case of any involvement in illegal activities or misconduct of their Pilgrims will rest with the Primary Agent.
220.127.116.11. Primary Agent will be responsible to provide on demand relevant exit documents to The Southern in cases where a pilgrim has already exited KSA but is still shown in immigration system as non-exit. Failure to provide such documents will make Southern liable to pay fines under the laws of government of KSA.
18.104.22.168. Under the laws of KSA original passports will not be handed over to any Pilgrim in KSA.
22.214.171.124. Primary Agent undertakes to pay to the Southern any difference of accommodation rates, if any passenger does not agree to stay in hotels mentioned in hotel voucher and insist for other hotel.
126.96.36.199. Extra services demanded by Pilgrims in KSA shall be charged by Southern to the Primary Agent and Primary Agent shall be liable to pay the same immediately.
188.8.131.52. In case of constraints in visa stamping or imposition of quota from Embassy / Consulate, any raise in drop box fee will be payable by the Primary Agent. Southern, however, will take consent from Primary Agent for processing such cases.
184.108.40.206. All decisions / actions of Southern will be in accordance with the instructions of Saudi Umrah Company and under the laws and policies laid down by Ministry of Hajj Saudi Arabia. Primary Agent will be bound to act within the parameters given in this agreement and further on through routine instructions sent from time to time by the Southern.
3.2.4. POLICY, LAWS AND PENALTIES
In the light of Saudi Talimaat for Umrah following shall be the binding on Primary Agent:
220.127.116.11. Charges incurred on Biometric, Eitmad processing, Insurance and Saudi Visa drop box will be payable by the Primary Agent.
18.104.22.168. Primary Agent will be solely responsible to recover and Pay to the Southern an amount of SR. 2,000/- for all repeat Umrah pilgrims as per the existing laws of the Kingdom.
22.214.171.124. Primary Agent will be liable to pay the amount of all fines imposed on Southern due to any violation committed by the pilgrims of Primary Agent.
126.96.36.199. Primary Agent will be liable to pay, within 07 days of occurrence, a penalty of (SR) Saudi Riyal 50,000/- (Fifty Thousand) for each of their pilgrim who escapes in the Kingdom, along with any other charges, as per laws / Polices and rules and regulations of KSA. Furthermore Southern reserves the right to initiate legal proceeding against Primary Agent.
188.8.131.52. A fine of SR 100 (One Hundred) per day per Mutamer will be charged for Mutamers staying without information in KSA beyond booked package duration (as per Hotel Voucher).
184.108.40.206. A fine in of SR 100 (one hundred) per Mutamer will be charged for every Mutamer of Primary Agent who arrives in the Kingdom without dispatch of prior arrival information. Visa processing of Primary Agent will be stopped for 3 Days on every such volition.
220.127.116.11. A fine of SR 3,000 (Three Thousand) will be charged for every Mutamer or group of Mutamers of Primary Agent who are caught staying in unregistered or unauthorized hotels. Southern reserves the right to suspend further business after 02 such occurrences.
18.104.22.168. Last Date of exit from the Kingdom for all Mutamers will be 25th of Shawal 1439 AH with a cushion of 5 days i.e. 30th of Shawal 1439 AH). A fine of SR. 3,500 (Three Thousand Five Hundred) per person will be imposed for all Mutamers staying in Kingdom after 30th of Shawal 1439.
22.214.171.124. Any amount paid by the Southern in KSA on account of paper work, taxi charges against Pilgrims of Southern in police custody due to legal reasons will be paid by the Primary Agent on demand.
126.96.36.199. Primary Agent undertakes that the Domestic flights on SV (i.e. from Medina or Jeddah to Riyadh / Dammam etc. or vice versa) will not be booked. Primary Agent shall be charged with fines as intimated by Saudi Umrah Company on occurrence.
188.8.131.52. All fines imposed will be intimated on occurrences by the Southern through agreed communication channels and shall have to be cleared within seven days.
(i) Prevailing currency exchange rates will be applied at the time of payment of all above fines.
(ii) Last date of exit of Mutamers from Kingdom may be revised by Southern after advance notice.
3.2.5. PAYMENT TERMS
Following are agreed:
184.108.40.206. All visa cases of the Primary Agent will be processed on receipt of advance of RS. 6,000 per passport.
220.127.116.11. Primary Agent agrees to clear full package amount against each Pilgrim at the time of receipt of visa stamped passports from Southern. Southern reserves the right to hold back passports in case of non-payment by the Primary Agent. Any financial losses to the Southern due to this factor will not be of any liability to Southern.
18.104.22.168. The Primary Agent undertakes to pay the charges for requested services, i.e. Umrah Visa’s, Accommodations, Transports and any other value added services mentioned in the Umrah Booking Contract (Hotel Voucher).
22.214.171.124. Full package amount must be paid by the Primary Agent for all urgent visa processing requests (i.e. processing in less than 15 working days) before processing of MOFA. In case of MOFA or Visa rejection, balance amount shall be refunded / credited to the Southern, after deduction applicable charges to the Primary Agent, within 07 days.
126.96.36.199. Primary Agent shall be responsible to reconcile the accounts on weekly basis and inform in writing any discrepancy to the Southern. Late claims submitted by Primary Agent will not be reconciled / discussed.
3.2.6. MODE OF PAYMENTS
Mode of Payment will be through Bank Draft / Pay Order/ Online Deposit/cash in the name of Southern or its designated associated companies. Only cash draft / hard cash is acceptable at the time of handing over of the travel documents or at the time of issuance of hotel voucher (whichever is earlier).
Southern shall review the amount of Security required from time to time and reserves the right to require an immediate increase of Security. If at any instance of time, Southern feels existing Security is insufficient to secure the obligations of the Primary Agent, Southern reserves the right to refuse any further bookings and reservations /services.
Southern is only service provider and shall not be liable for any loss, which may include, but not limited to, personal injury, illness, property damage or other loss of expense of any nature whatsoever arising directly or indirectly out of any actions of entities, which may include, but not limited to, airlines, hotels, local transportation services providers.
- INTELLECTUAL PROPERTY
- All information (including, but not limited to, logos, pictures, materials, text and images) displayed on any site or Southern System run by Southern or any of its affiliated companies remains the property of Southern or its affiliates or are controlled by or licensed to Southern. The Primary Agent may not copy any information or intellectual property of any sort from any Southern site or Southern System without Southern’s prior written approval.
- The Primary Agent shall not use the Southern name or logo or any Southern trademarks or any merchandising without Southern’s prior written approval.
- The failure by either party to exercise or delay in exercising a right or remedy, under the Terms and Conditions of this Agreement, shall not constitute a waiver of the right or remedy, or a waiver of any other rights or remedies.
- ACCURACY of INFORMATION PROVIDED
- The Primary Agent undertakes, represents, and warrants the accuracy & completeness of all personal & financial information provided, which shall always be a condition of the credit agreement. Any inaccuracy in the information provided shall constitute a material breach of this contract.