Hotel Service Agreement №___
Tashkent city «___» 2019
«TASHKENT» LLC a company duly registered and existing under the laws of the Republic of Uzbekistan, represented by General Director Lolar J.L., acting on the basis of the Chart (hereinafter – the “Hotel”), on the other part, and ____Transavia Express, a company duly registered and existing under the laws of the ¬¬¬¬¬ Charter, represented by __Ibragimov Yoqub_¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬, acting under power of Attorney (hereinafter – the “Company”), on the one part, and hereinafter jointly referred to as the “Parties” and individually as the “Party”, have concluded the present Hotel Service Agreement (hereinafter referred as the “Agreement”) for the following:
In this Agreement and its Appendixes the following definitions will apply:
1.1 “Agreement” shall mean the present entered Agreement achieved between the Hotel and the Company, formalized in written form and signed between the Parties with all Appendixes and supplement agreements attached hereto as well as necessary documentation indicated/referred to in this Agreement.
1.2 “Guest(s)” shall mean employees, directors, managers, crewmembers, other Company’s officials, other persons hired and/or engaged by the Company as well as passengers of the Company (in case of contingency) and other Company’s guests.
1.3 “Services” shall mean all set of services provided by the Hotel within the current Agreement connected with registration, accommodation, lodging and servicing the Guests.
1.4 “Guests’ accommodation” shall mean arrangement and registration of Guests lodging with providing hotel rooms.
1.5 “Reservation” – advanced booking a hotel room for the Guest made by the Hotel for certain period of time defined in the Company’ request submitted to the Hotel.
1.6 “Extra/Additional services” shall mean services not specified in the Company’s request and additionally provided by the Hotel to the Guests.
1.7 “Claim” shall mean notification, official letter addressed by one Party to the other Party in the event of non-fulfillment and/or improper fulfillment of the obligation specified in the present Agreement.
2 SUBJECT OF THE AGREEMENT
2.1 The Hotel is obliged to provide the Guests with the Services with the terms and conditions set forth in the present Agreement, and the Company shall pay for such Services.
2.2 The Services are rendered upon the request provided by the Company.
3.1 For the purpose of the Guests’ reservation the Company shall apply to the Hotel either through the phone and/or submit its written reservation request by e-mail including the following information:
– Name of the guests;
– Quantity of the guests;
– Type of the room;
– Period of stay in the Hotel;
Types of additional services (meals, international calls and so on);
Booking should be done by the following
Mob: (+998) 9656 -mail: email@example.com
3.2 The Hotel contact information, room rates/tariffs based on the room category.
3.3 The Hotel shall accommodate the Guests based on company request forms.
3.4 Check in time at 14:00; Check out time at 12:00.
3.5 The request should be made on a Letterhead that should be signed by the chief accountant of the Company and certified by stamp. In case of the signing by other employees of the Company, the letter shall provide the Hotel with the document who is empowered to sign this document.
3.6 In case if the room has been booked and has not been canceled during 48 hours before arrival of the guests, the Hotel shall have the right to impose and the Company is obliged to pay a penalty in the amount of 100% of the room rate per night, including all taxes .
3.7 In the event the Hotel is unable to accommodate the Guests holding a confirmed reservation, the Hotel shall arrange/provide the Guests’ accommodation with another comparable hotel preliminary agreed by the Parties and pay for one night lodging, transport relocation.
3.8 The Company’s requests, written confirmation from the Hotel as well as any Appendixes, Additional agreements and other agreed agreements set forth in present Agreement or exercised/implemented in relation hereto, shall be treated as integral parts of the Agreement.
4 TERMS OF PAYMENT
4.1 The payment shall be made in national currency of Tajikistan(TJS), in commercial rate on a day of payment.
4.2 Payment for Hotel accommodation is charged by fact.
4.3 Amount оf the living is including:
– International Buffet breakfast
– 2 bottle of water (0.5 liter) once.
– Free Wi-Fi internet (24 hours).
– complimentary tea & coffee set up in the room
– Local telephone calls
– Transportation Airport-Hotel-Airport
4.4 Payment for the Services shall be made by the Company by cash or bank transferwithin 10 (ten) working days from the moment of receiving the original invoice and act of services from the Hotel.
4.5 The Company shall be exonerated from obligation to pay for the Extra/Additional services not indicated in the Company’s provided request.
4.6 Unless otherwise prescribed by the Company’s request, in each particular case when the Guest shall use the Extra/Additional services not covered/paid by the Company, the Hotel shall demand from the Guest the payment for Extra/Additional services for its own account in accordance with established procedure. No other material claims could be imposed on the Company in such cases.
4.7Company agrees to pay only for services provided by articles of the contract. The additional services, for which the Company agrees to pay under the terms specified in the letters of guarantee, are subject to the mandatory confirmation by e-mail from an employee of Company who is responsible for this particular booking. Otherwise, the Company reserves the right not to pay for services not covered by these paragraphs of the contract and additional services without the letters of guarantee.
4.8 Remuneration to the Customer for services rendered is 10% of the cost of rooms, according to Appendix No. 1 of this Agreement.
5 RIGHTS AND OBLIGATIONS OF THE PARTIES
Unless otherwise specified in provisions of this Agreement, the Parties shall have the following rights and obligations:
5.1 The Hotel is obliged to:
5.1.1 Conduct its activity in accordance with legislation requirements of the Republic of Tajikistan and warrants that it has all registrations, licenses, permissions and other endorsements necessary for its activity performance and providing Services under the present Agreement.
5.1.2 duly and in full amount provide the Guests with the Services (including Additional services), specified in Clause 2.1. of the present Agreement.
5.1.3 promptly inform the Company about progress of the Company’s request, provide any information upon request (including rooms’ availability and quality and conditions of the Services provided) and conduct any actions upon the Company request, if they’re related to the subject of the Agreement.
5.1.4 eliminate defects at his own expenses within period of time agreed between the Parties in the event of raising reasonable complains regarding the quality of the Services performed/provided.
5.1.5 ensure the safety and confidentiality of the documents and materials that have been conveyed by the Company or third parties in the course of the Services’ provision;
5.1.6 upon the Company information (documents, fax, telefax, e-mail) provide reservation and accommodate the Guests in accordance with the prices/rates of the Agreement.
5.1.7 issue to the Company invoices/bills for the Services rendered.
5.1.8 not to transfer its rights and obligations under this Agreement to any third party without the written consent of the Company.
5.2 The Hotel shall be entitled:
5.2.1 receive payment for the rendered Services in accordance with conditions set forth in the given Agreement.
5.2.2 while rendering the Services taking into account recommendations and wishes in connection of the Agreement execution and raised by the Company.
5.2.3 upon mutual consent of the Parties to grant the Company preferential conditions/tariffs for the Сompany.
5.3 The Company is obliged to:
5.3.1 duly pay the bill/invoice issued by the Hotel.
5.3.2 duly and promptly inform the Hotel about request changes or its cancelation.
5.3.3 follow the procedure of settlements.
5.4 The Company is entitled to:
5.4.1 in the event of causing damage to Hotel by the Guests assist the Hotel in collection/recovering the amount of damage.
5.4.2 shall have the right to make booking in the hotel in any quantities (upon availability).
6 LIABILITIESOFTHE PARTIES
6.1The Parties shall bear liability for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the laws of the Republic of Tajikistan and this Agreement.
6.2The Company shall not be liable for any infringement/violation made by the Guests (breaking the Hotel internal regulations, disturbance of living in the Hotel, damage of material valuables, etc.). In case of such infringement/violation, guests are fully liable.
6.4 In the event of delay/untimely payment caused by the Company, the Hotel shall have the right to claim a penalty in the amount 0.5 % of the unpaid/untimely paid amount for each calendar day until actual fulfillment of its obligations.
6.5Payment of the penalty shall not release the Parties from complete fulfillment of their obligations under this Agreement.
7 FORCE MAJEURE
7.1 The Parties shall be released from liability for non-fulfillment or improper fulfillment of their obligations under this Agreement, if it is resulted from circumstances that are beyond wills and wishes of the Parties and that prevent complete or partial fulfillment of the obligations under this Agreement by any of the Parties, particularly: natural disaster or such unforeseen circumstances, as war, any type of hostilities, blockade, issuance of normative legal act by state authorities of the Republic of Tajikistan.
7.2 The Party, for which the performance of the obligations under this Agreement become impossible in accordance with the Article 7.1. of this Agreement, shall notify the other Party about occurrence and probable duration of the force majeure circumstances within 5 (five) calendar days from the date of occurrence of such circumstances. Documents issued by the competent authorized bodies (organizations) shall be considered as sufficient evidence of the mentioned circumstances and their duration.
7.3 Failure to notify or delayed notification by the Party, for which the performance of obligations under the Agreement became impossible, of occurrence of the circumstances releasing it from liability shall deprive that Party from the right to rely on the occurrence of force-majeure.
7.4 In case of force-majeure lasting for more than 10 (ten) calendar days, each of the Parties shall be entitled to refuse further fulfillment of obligations under this Agreement and none of the Parties shall in this case have the right to demand compensation for any possible losses from the other Party.
8 CONFIDENTIAL INFORMATION
8.1 Throughout the validity term of this Agreement its context, terms and conditions, as well as any information or data received in relation to implementation of the Agreement shall be treated as confidential.
8.2 The Parties shall refrain from disclosing the context of the Agreement without prior written consent from the other Party, except the cases connected with compliance with requirements of judicial bodies, law-enforcement agencies and other governmental authorities and when prescribed by the law of the Republic of Tajikistan.
8.3 The Parties shall make all possible efforts to ensure that while formalizing documentation for the Agreement implementation, the conveyed information shall be limited only reasonable necessary data.
9 DUSPUTES RESOLUTION
9.1 The Parties by means of negotiations shall resolve any disagreements and disputes under this Agreement. All and any disagreements and disputes, which cannot be resolved by the Parties, shall be resolved in accordance with the current legislation of the Republic of Tajikistan.
10 VALIDITY TERM OF THE AGREEMENT. TERMINATION
10.1 The present Agreement shall come into force from 00 November 2017 and valid until 31 December 2018. As far as mutual of accounts concerned, the Agreement shall be valid until complete fulfillment by the Parties of their obligations.
10.2 This Agreement may be earlier terminated in the following cases:
10.2.1 by mutual agreement of the Parties;
10.2.2 Company shall be entitled to terminate this Agreement at any time and without cause by delivering a 10 (ten) calendar days written notice prior to the expected termination date.
10.2.3 In the event of early termination, the Company shall pay to the Hotel for the Services rendered until the termination date (the date indicated in official notice). The hotel is obliged to provide with the hotel services according to the requests received before the date of getting of termination notice.
11.1Any notification made by one Party to another Party in accordance with the present Agreement shall be considered to be duly received if delivered by courier mail or fax to the address details as specified herein provided that the original notification is further provided within 5 (five) working days after sending it by fax
11.2 The notification shall valid from the date of delivering/receiving or an appointed date of enforcement indicated in the notification, depending on which of those dates shall come later.
12.1 The present Agreement shall be amended only upon mutual consent of the Parties formalized in written form and signed by authorized representatives of the Parties.
12.2 All Appendixes, amendments adopted in proper manner are deemed as an integral part of the Agreement.
12.3 In the event of changing of legal address and other requisites of either Party, the later shall notify the other Party in written within 10 (ten) calendar days. Fulfillment of the obligations by the Parties to the old addresses and bank details before notification about its changes shall be considered proper and due.
12.4 The present Agreement constitutes the entire Agreement between the Parties, and supersedes any previous Agreements regarding the subject of the Agreement.
12.5 The Parties agreed that fax copies of the Agreement as well as any additional agreements, appendixes and other related to the Agreement documents, shall have the power of the originals and to be further replaced with identical originals.
12.6 The Agreement is done in duplicate in two identical copies in Russian and English each Party being entitled to a single copy thereof. In the event of misinterpretation of this Agreement the Russian version shall prevail thereof.
13. LEGAL ADDRESSES, BANK DETAILS AND SIGNATURES OF THE PARTIES
Аdress: Toshkent, F Navoi str. 2
Phone/Fax : (+998) 0108
Correspondent Account: 2040989858748700000
Account No: 2020297249895632974