MEMORANDUM OF UNDERSTANDING FOR APPIONTING GENERAL SALES AGENTS FOR BOOKING OF PALACE ON WHEELS & ROYAL RAJASTHAN ON WHEELS.

This memorandum of understanding (MOU) is made on ______at Jaipur between M/s Royal ______and Rajasthan Tourism Development Corporation Limited, (A State Government of Rajasthan owned Company/Corporation and registered under the Companies, Act 1956) having its registered office at RTDC-Paryatan Bhawan, 3rd Floor, Opposite Vidhayak Puri Police Station, M.I.Road, Jaipur- 302001 Rajasthan (India), INDIA (hereinafter referred to as RTDC).

And

M/s ______having office at ______and engaged in the business of TRAVEL & TOURS and have requested for appointment/renewal as GENERAL SALES AGENT for the booking of tickets of Palace on Wheels & Royal Rajasthan on Wheels in the country specific India, on commission basis (hereinafter referred to as GSA’s).

WHEREAS RTDC is operating two luxury trains namely the Palace on Wheels and Royal Rajasthan on wheels and is willing/desirous of hiring of certain travel agent/tour operator as their GENERAL SALES AGENT for the booking of Ticket of the Palace on Wheels & Royal Rajasthan on Wheels, as certain places on commission basis and, therefore, have considered the proposal of M/s ______for appointing/renewing as GENERAL AGENT of Palace on Wheels & Royal Rajasthan on Wheels.

Now this MOU witnessed as under:

1GSA

A General Sales Agent (GSA) is sales representative for a specific country or region.

Typically the GSA is responsible for selling the product in hospitality industry including sale of tickets.

2NON GSA/Other sources of bookings

Travel Agents, Tour Operators, Direct Marketing Agents from India and abroad or any organized agency/institution related to travel trade or any individual will also be eligible for booking.

3FIT- Frequent Individual Tourist

4Group- 15 & more pax will be called a group

5ON LINE BOOKING SYSTEM through RTDC website

a)On line booking system for both the luxury trains is available for GSA’s and Non-GSA’s and individuals. The online booking shall be subject to availability of seats on the website as per the booking conditions applicable.

b)The cancellation of booking can also be done as per the cancellation conditions applicable.

6Period of the MoU:

a)The MoU will be for a period of ______years w.e.f. ______to ______. The MOU can be renewed for further period of two years on the basis of performance of GSA.

b)The MOU can be terminated, if any of the terms are not adhered to.

c)GSA shall submit the renewal papers of MoU, 45 days prior to the last date of the MoU.

d)The MoU will expire automatically on the terminating date and the security deposit will be refunded by RTDC to GSA, if there is no outstanding.

e)The renewal of MoU shall be considered from the date of its expiry with retrospective effect if delayed at RTDC level.

f)For the extension of MOU, a fresh MOU shall have to be entered into both the parties with a valid guarantee for the extended period. If the security deposit is given in cash/bank transfer, the same shall be adjusted for the extended/renewed MOU period. Difference if any, shall have to be deposited/paid by the GSA at the time of renewal of GSA.

7The following provisions of MOU shall be guided and governed by the prevailing policy as framed and issued by RTDC time to time.

i)Booking procedure

ii)Cancellation Procedure

iii)Commission structure

iv)Group Bookings/Complimentary Seat

v)Special Promotion Scheme.

vi)Part Journey

vii)Charter Bookings

viii)Procedure for confirmed bookings

ix)Internet On line Booking

x)No show/En route termination of tour

xi)Amendment

xii)Provision for extra ordinary circumstances

xiii)If sufficient business is not given then the security deposit will be stand forfeited.

8Annual Performance review:

The performance of GSA shall be reviewed on completion of each operational year, as per the bookings given. In cases of unsatisfactory performance of GSA, RTDC shall be at liberty to terminate this MoU.

9Security:

General Sales Agent shall deposit with RTDC US$10,000 (USD Cash/Bank Guarantee/Demand Draft/Bankers Cheque) or equivalent Indian Rupees at the prevailing Reserve Bank of India exchange rate for both the trains (POW & RROW) which would be refunded in Indian Rupee at the US$: Indian Rupees Exchange value at the time of deposit of the security amount i.e. Rs. 6,00,000.00 (Rupees SixLacs only)or adjusted on the termination of the contract as the case may be without interest..

10Right of alteration of terms & conditions:

The corporation shall have the right to alter, amend and annul the terms & conditions as might be conducive to the requirement and interest of the RTDC. The prevailing policy shall form as addendum to this MoU and the terms & conditions of the policy shall apply as and where mentioned.

11Copyright:

a)Any misuse of the Palace on Wheels & Royal Rajasthan on Wheels information will cause breach of MoU and shall attract penal action.

b)In event of any complaint regarding over charging on the declared tariff of Palace on Wheels & Royal Rajasthan on wheels by General Sales Agents RTDC will be at liberty to disqualify the General Sales Agent from transacting business under this MoU.

12Force Majeure.

In case of any loss or damage, whether direct or indirect, is caused to RTDC due to any/conduct of the General Sales Agent in any manner, for which any liabilities arises on RTDC, unfair practices, fraud or in any other manner whether civil or criminal nature defined under the Indian panel code or other applicable legislation the General Sales Agent shall be solely responsible for the same and all losses as well as consequential losses shall be indemnified by the RTDC be recoverable from General Sales Agent out of the security amount also.

13Arbitration and jurisdiction of court

In case of any dispute arising in respect of or in pursuance of the terms and conditions mentioned herein above or of the interpretation of this MoU. The same shall be referred to the decision of Sole Arbitrator to be appointed by Managing Director, RTDC and the decision of the Arbitrator shall be final and binding on both parties. The provision of arbitration and conciliation Act 1996 will be applicable.

In case the decision is referred to the court the same shall be subject to Jaipur (India) jurisdiction only.

Signed by the respective parties on the day and date written above.

For M/s ______/ For Rajasthan Tourism Development Corporation Limited

Witness:Witness

  1. ______1______
  1. ______2 ______