FLEET OPERATOR
Coco Charter Seychelles
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PARTNER AGREEMENT 224/2018
General conditions of cooperation betweenFleet Operator and Agent
This Partner Agreement (hereinafter “Agreement”) form general conditions of cooperation entered into between:
Coco Charter Seychelles, with its registered company Coco Charter Seychelles Pty Ltd., Eden Island, Eden Plaza, Shop nr 52, Mahé, Seychelles, Co. No. 8421929-2, reg. No 183435,e-mail , web (hereinafter “Fleet Operator” or “Operator”)
and
ZINDULKA, s.r.o.a company with its registered office in Praha 4140 00, Hvězdova 1734/2c, VAT/TAX CZ27586421
e-mail , , tel. +420 603 846 464, +420 603 846 464, mob, represented hereby by (hereinafter “Partner” or “Agent”)
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FLEET OPERATOR
Coco Charter Seychelles
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1. General information
Fleet Operator offers yachts to be chartered in defined period and destination. Agent proceed as a mediator between Customer (or “Client”) and Operator. Relations between Operator and Agent is based on partnership.
2. Making Options and Reservations
a)Agent requests, Operator offers a proposals for boat charter in specified period and destination. Requests might be send via e-mail or booking system (or “BS”) in which Operator appears.
b)To make an option (initial reservation), Agent need to send a request via e-mail or BS. Each option request needs to be approved by Operator. If the boat is available in specified by Agent period, Agent will receive option confirmation with specified dates, boats, bases, prices, extras, payments and the term of validity.CLIENTS FULL NAME IS COMPULSORY FOR OPTION.
c)Inquiries, option or booking requests are replied to as soon as possible, during Office working hours: from Monday to Friday 08:00 - 16:00 CET.
d)Option is usually valid for 5 days. After expiration date, option will be deleted automatically and treated as cancelled.
e)Agent may request for prolonging the option, but it depends on waitlist for requesting period.
f)The number of valid options made by Agent is limited, as default max. 4. Option should be made only if Client is interested in booking the boat, not at the stage of preparing the offer.
g)If option is no longer needed, Agent is obligated to cancel it by using BS or sending e-mail to Operator.
h)Having option is not binding, but in the end it should lead to booking.
i)TO MAKE A BOOKING, PARTNER NEED SIGN PARTNER AGREEMENT AT FIRST.
j)Agent may request for a booking (or “reservation”). If the boat is available, Operator will send Booking Confirmation (or “Pro forma invoice”), which form a deal between Parties which is binding.COMPULSORY DATA FOR BOOKING: CLIENT NAME, SURNAME, FULL ADDRESS, ID/PASSPORT NUMBER, DAY OF BIRTH.
k)Partner is obligated to check details which are included in option or booking confirmation.
l)Only (1) initial payment made accordingly to agreed schedule and (2) signed contract with T&C guarantee period reservation. If initial payment will not be made and contract with T&C will not be signed and send in agreed period, Operator have right to delete booking without further notice.
3. Fleet Operator Duties
a)Fleet Operator declares that retains ownership and/or is management of the Boats engaged in the rental and/or lease.
b)The Boats held by the Operator are regularly maintained and are equipped with all the safety equipment required by laws and regulations in effect, are maintained in compliance with all applicable regulations and are insured for civil liability by having entered into Agreement with leading insurance companies.
c)Operator as part of the lease or rental of the Boats regularly provides additional services such as cleaning services, in addition, the Operator procures for Customers upon request a skipper and/or crew members.
d)Operator based upon the quality and capacity as per the preconditions of this Agreement is interested in supplying the Partner with the Terms and Conditions (or “T&C”). Current T&C are available on Operator Web Site or may be send via e-mail on request.
e)Fleet Operator undertakes to maintain a high standard of service before, during and after concluding the deal with Partner.
4. Agent Duties
Partner is obligated to:
a)Promote the fleet offered by Fleet Operator.
b)Promote offers presented by Fleet Operator.
c)Publish on the Web Site/Sites and on other means of communication, services offered by the Fleet Operator.
d)Offer and sell services presented by Fleet Operator.
e)After booking confirmation, sign proper documents with the Customers that includes:T&C and Contract issued by the Fleet Operator. Signed T&C must be signed by the Client and send via e-mail to the Operator within max. 7 days along with first payment.
f)Manage of payments for the reservations of the Boats, accordingly to agreed payment schedules.
g)Send via e-mail all documents necessary to finalize the charter deal, especially:
- signed T&C by the Customer
- signed Contract by the Customer
- filled Crew List
- for bareboat scan of skipper license and sailing resume.
h)Send all other necessary informations concerning charter, which were requested from the Operator.
i)Answer questions from the Client, especially T&C interpretation, price components, etc.
j)Take responsibility for the Customer, especially for keeping deadlines and sending truthful data.
5. Commission and invoicing
a)Basic prices given by Operator includes Agent commission and is presented in two levels:
LEVEL 1: 22% / LEVEL 2: 20%22% - first 3 months of cooperation
(counts from date on signed Partner Agreement) / annual turnover up to €25.000
(based on bookings made, counts Agent price)
annual turnover over €25.000
(based on bookings made, counts Agent price)
b)Invoice/Booking Confirmationcan be issued to Agent or Customer name. Please inform about the name while confirming the booking.
c)If the invoice will be issued on the Agent name and the payments will be made by Agent directly, final price to pay will be reduced of agent commission. Commission invoice issued by Agent is not needed.
d)If the invoice will be issued on the Customer name and the payments will be made by Customer directly, final price to pay by him will include agent commission. Commission invoice must be issued to Operator by Agent.
e)Operator is not VAT payer. Agent commission is with VAT.
f)After receiving full amount for charter, Operator will issue final invoice after charter ends.
g)Agent commission covers duties listed in point 4 of this Agreement. If Agent redirecting the Customer to Operator deal with him directly, commission will be reduced to 10%.
6. Payments
a)The Customer or Agent shall pay the price of the Boat to Operator in two (2) separate tranches, 50% till 7 days after booking confirmation and 50% not later than 30 days before the departure of the Boat. Payment schedules can be different only if agreed with Operator.
b)Customer or Agent is obligated to pay accordingly to payment schedule. Operator reserves the right to charge interest in accordance with the late payment or even cancel the charter with contractual penalty.
c)For the commission invoice, term of payment by the Operator is up to 14 days after receiving invoice.
d)All bank transfer costs are covered by the payer.
e)Agent shall make payments in EUR only via bank transfer.
7. Final provisions
a)All communications relating to this Agreement, unless otherwise stipulated by the Parties, shall be made in writing and verified by an acknowledgment of receipt.
b)Alternations and amendments to this Agreement are considered valid at any time, but only in writing.
c)The Parties acknowledge and agree that this Agreement is valid for one year from the date of signing. It shall be automatically renewed from year to year in the absence of notice by one of the Parties to be sent no later than 30 days prior to the date of termination by registered mail.
d)The Operator collects, stores and processes personal data for the purpose of administering and managing. The Partner agrees to the processing of personal data for marketing purposes and have a right to withdraw it at any time.
e)This Agreement is made in 2 (two) identical copies of which each Party receives 1 (one). The signing persons declare that they have the competence to sign the Agreement.
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FLEET OPERATOR
Coco Charter Seychelles
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Fleet OperatorAgent
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signature, 11.1.2018.
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