By submitting the agreement, I/, we the as Supplier/Seller on GRNconnect Marketplace (Platform) hereby agrees to the following:
The Supplier/ Seller are independent entity and they propose to sell travel services such as Hotel Booking, Sightseeing, Transfers, Package, Flights and other services etc. on Platform. The Supplier/Seller agrees to give commission to the Promoter on their every product or services booked through the Platform.
It is understood and agreed that thru Platform the Promoter is only facilitating a potential sale between the Supplier /Seller who wish to sell their products and services including last minute inventory and a Buyer who is interested in buying these products, services and such inventory at a price mutually agreed between the Buyer and Seller.
The responsibility of the authenticity of information with regards to the available inventory and its pricing is of the Seller though in some cases Promoter may assist the Seller in uploading the inventory.
DUTIES OF THE PROMOTER:
Enlist the various product and services along with its related details on the Platform in correct and conducive manner.
Promote the travel services of the Supplier amongst the travel community through different channels like travel trade journals, e mailers and through its dedicated sales team across India and the world, including the paid promotions at a mutually agreed manner.
To connect the Supplier and buyer for the agreed travel services after receiving the written request in an appointed time.
DUTIES OF THE SUPPLIER/SELLER:
To provide promised high quality product and services to the Buyer.
To provide Buyer with materials, e-brochures and all the necessary information concerning the travel services.
To notify Buyer within the stipulated time frame of confirmations and reservations details as requested by Buyer.
To provide Buyer all the necessary documents concerning their cooperation.
OTHER TERMS AND CONDITIONS ARE AS FOLLOWS
All reservations are subject to availability. The Supplier/Seller is obliged to send a written confirmation or refusal to the Buyer which normally within 24 hrs of a requested booking or as the case may be in case of the last minute inventory. This confirmation can be thru the Platform or thru a separate email keeping the Platform in loop.
The Seller reserves the right to cancel the booking despite a written confirmation within 24 hours without giving a reason. However, repeated cancellations by the seller without valid reason will affect Seller quality rating that may be visible to the potential buyers on the Platform.
The Seller reserves the right to alter the travel services which does not affect the standard and occupation. Though the Seller will notify the same in writing and obtain binding acceptance of this change from the Agent (buyer) before selling the travel services.
Product and Services offered/sold
For every service or product the Supplier/Seller puts up and sold by the Supplier/seller to the Buyer, the terms of engagement is between Buyer and Supplier/Seller will be as defined by a contract between the two said parties. This contract has no bearing on the contracts between Platform and Supplier/Seller or Platform and Buyer.
TERMS OF PAYMENT
The Supplier/Seller and Buyer will finalize any and all terms of payments between the two said parties between themselves. The Platform or any of its affiliates are not responsible for the successful completion of any transaction. The Promoter, Platform or any of its affiliates will not be responsible for the collection and realisation of Payment from the Buyer.
Even for last minute inventory, the payment terms applicable will be as agreed between the Buyer and Supplier/Seller once they have been introduced to each other through the Platform.
The Platform may from time to time release/update Buyer and Supplier/Seller ratings and success metrics. Supplier/Seller agrees that such features will not be considered as any definitive reason to decide on re-negotiating pricing/payments/policies etc.
Fees and Commission of Platform
Platform may charge a pre-agreed fee from the Supplier/Seller in case of fulfilled bookings or qualified leads based on the product/service being listed and sold.
LIABILITY, CHARGES and INDEMNITY
The Supplier/Seller agrees that he will accept financial responsibility for all transactions facilitated by the Platform, and will indemnify the Platform of any responsibility of claims from any party, as a result of any transaction conducted by the Supplier/Seller with a Buyer.
Further the Supplier/seller expressly indemnify the Promoter, the Platform or any of its affiliates from and against any and all liabilities, obligations, any losses, damages, claims, etc, by the seller and by any other third party, arise out of or result from non or sub-standard performance of products/ services and by giving misleading or by suppressing the true and correct details regarding the products and services.
In the case of partial or complete breach of contract, caused by unforeseeable events such as fire, war, natural disaster, or any other acts of God, as well as legal actions taken by a State, in any region jurisdiction around the world, which may have an impact on the fulfilment of the contract, any loss incurred thereof would have to be settled between Buyer and Seller mutually. The Platform will not play any role including that of a mediator in such settlements.
The Party which is unable to fulfil its responsibilities because of the unforeseen forces is expected to inform the other party it is transacting with immediately. Liabilities incurred if any, are between the two said parties and the Platform will not be involved in any manner.
DURATION AND TERMINATION
This agreement comes into force on the date upon acceptance of the Supplier Registration to the platform above. This agreement is initially made for one calendar year from the date of acceptance of the regi. Either party to this agreement can notify in writing the other at least 3 month notice that they do not want to continue.
Either party to this agreement can terminate this agreement with immediate effect when the other party hasn’t fulfilled the duties of the agreement, one party has no means of payment or is declared bankrupt.
In the event of sudden termination of this agreement under this clause or any other provision of this agreement, there shall be no liability of the Promoter, Platform or its affiliates.
8. LEGAL JURISDICTION AND GOVERNING LAW
Amendments and alterations to this agreement have to be made in writing and signed by both parties to become valid. No oral supplementary agreement is valid. This Agreement shall be governed, construed, interpreted, and enforced in accordance with the laws of India. Any dispute or matters which arise between the Supplier/Seller and the Promoter (Platform) will be dealt by Indian Law and Courts. The jurisdiction of such matters be Delhi courts.