Kumaon Mandal Vikas Nigam Ltd.,
Oak Park House, Mallital, Nainital
Phone No.: (05942) 236356, 236209, 235700
Fax No.: (05942) 236897
E-mail: [email protected] Website: www.kmvn.gov.in
APPLICATION INVITITED FOR
“AUTHORISED GENERAL SALES AGENT”
Kumaon Mandal Vikas Nigam Ltd., (KMVN) Nainital is an Uttarakhand Govt. Undertaking unit working in the
field of Tourism in Kumaon region and having a vast chain of Tourist Rest Houses in Kumaon and also dealing
with Adventure, Trekking and Adi-Kailash Yatra.
KMVN hereby invites application for Authorised General Sales Agent in the State capitals and metropolitan and
cities like Gurgaon, Chandigarh, Nagpur, Bhopal, Ludhiyana, Kanpur, Baroda, Surat, Noida, Madurai,
Trivandrum, Mysore, Satara, Durgapur, Bhuvneshwar, Patna, Udaipur, Agra etc.
The last date for submission of application form is within one month from the date of advertisement.
application form and details login to our website www.kmvn.gov.in or write to us at [email protected]
(Managing Director)
Kumaon Mandal Vikas Nigam Ltd.,
Nainital
For
Kumaon Mandal Vikas Nigam Ltd.,
Oak Park House, Tallital, Nainital
Phone No.: (05942) 236356, 236209, 235700
Fax No.: (05942) 236897
E-mail: [email protected] [email protected]
www: www.kmvn.gov.in
Application Form for Registration of Travel Agents/
Tour Operators in G.S.A. Category
AFFIX A PHOTO
HERE
1. Proprietor’s name of the Travel agency / Tour operator and complete address
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . …………………
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . …………………..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . …………………... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . ……………………. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . …………………............................................................................................
2. Phone No.: .................................... Mobile No: ................................ Fax No.: .........................................................
3. Email: .............................................................................................................................................................................
4. Registration number of the Travel Agency (photocopy attached) …………………………………………
5. CBS Account Number to which commission amount will be deposited by K.M.V.N . . . . . ……………
6. Bank name. . . . . . . . . . . . . . . ………………… . . . . . . . .IFSC Code: . . . . . . . . . . . . …City:…………………
7. Authorisation by any Government Tourism agencies (Certificate Attached) . . . . . . . . . . . . . .......................
Specify if any
i) . . . . . . . . . . . . . . . . . . . . . . . . . . ..................................................................................................
ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . …………………...........................................
iii)....................................................................................................................................................
8. PAN Number of Reg. Travel Agency/ Proprietor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . …...
(Attached photocopy)
9. Whether Verification of firm has been done by KMVN P.R.O. or not . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Declaration by applicant:
I hereby declare that all the above mentioned information given along with the attached copies of the documents
are true and up to the mark. If any above information provided by me is found false then I will be responsible for
all disputes. Nigam will have the right to cancel my agreement in such case.
Signature of Applicant
AGREEMENT
This AGREEMENT is made on this ………………….. day of ………….of the year ………………
between the KUMAON MANDAL VIKAS NIGAM Ltd. a Govt. of Uttarakhand under taking and a
Company registered under the Companies Act, 1956, having its registered Head Office at Oak Park
House, Mallital Nainital, Through its Managing Director/General Manager (Tourism)/ Regional
Manager (Tourism) (here after called 'the First Party', which expression shall, unless repugnant to the
context or meaning, include its, successors, assignees, etc.) of the One Part and
………………………………………………………………………………………………………………………
………………………………………………….through its Managing Director/ Director/ Proprietor
Sri…………………….S/o Sri …………………………………..R/o ……………. herein after called 'the
Second Party,' which expression shall, unless repugnant to the context or meaning, include its
successors executors, administrators, lawful assignees etc.) of the other part:
Whereas the Second Party has requested the First Party to appoint the Second Party as travel agent of
the First Party for the proposes of marketing of the travel activities of the First Party:
And whereas the First Party has accepted the request of the Second Party on the terms and conditions
herein after mentioned in this deed.
Now this DEED WITNESSES and the parties hereto hereby agree as follows:1.
The First Party hereby appoints the Second Party as travel agent of the First Party for the purpose of
marketing of the travel activities of the First Party on the terms and conditions mentioned herein after
in this deed for a period of one calendar year from the date of this deed.
2.
This Agreement shall be valid and operative only for one year from the date of this deed and it shall
cease to have any effect immediately thereafter, unless it is renewed before the date of expiry of the
period of this deed. The First Party shall reserve its right to renew or to refuse to review this Agreement
on the request of the Second Party. The renewal will depend on the factor of commercial performance
of business by the Second Party to the First Party, the discipline and promptitude shown by the Second
Party in financial remittance and observance of financial discipline and in compliance of the terms and
conditions of the deed and the general behavior of the Second Party to the public at the booking
centers, etc. of the Second Party. The First Party reserves the sole authority to inspect and determine the
elements of satisfaction or otherwise of these factors.
3.
The Second Party shall be designed as the authorized selling agent of the First Party and the second
party shall have the right to represent the First Party only in terms of the matters that are covered
within this Agreement. In more explicit terms, the Second Party shall act as one of the selling agents of
the First Party in terms of the marketing of all the package tours and accommodations only that are
under the control and management of the First Party.
4.
The Second Party has furnished an interest free deposit of `.50,000/- ( Rupees fifty Thousand only) to
the First Party as a security deposit prior to the signing of this Agreement which shall lie with the First
Party during the period of this Agreement. In the event of the termination, of this Agreement by the
First Party, due to breach of any condition of this Agreement by the Second Party, the security deposit
shall be forfeited by the First Party.
5.
The Second Party shall be at liberty to relinquish the agency given through this Agreement on a
written intimation to the First Party.
6.
The Second Party shall be authorised to market the package tours and accommodations of the First
Party only at such rate as may be fixed from time to time by the First Party. The sale of any tour
products at any rate higher or lower than the rate thus fixed by the First Party shall constitute a breach
of conditions of this Agreement and shall be dealt with accordingly as per conditions of this
Agreement.
7.
The First Party or such personnel as may be authorised by it, shall have the right and authority to
inspect all the official documents, books and accounts of the Second Party in connection with the
agency of the First Party here by created and the second party shall allow and assist such inspection.
8.
The agency hereby given by the First Party to the Second Party through this Agreement is not
transferable. The Second Party shall not let out, sub-let, lease-out or in any way transfer this agency of
the First Party in any manner whatsoever.
9.
The First Party shall designate such personnel of the First Party, who will be authorised to conduct
business with the Second Party from time to time in the matters of the exchange of information
regarding confirmation of availability or otherwise this shall be commemorated to the Second Party in
writing well in advance.
10.
The Second Party shall be authorized to market all the package tours only on behalf the First Party to
the public at large. The Second Party shall send program request of confirmation over fax machine to
the fax machine of the First Party, upon receipt of customer's reservation or booking of only tour
production and accommodation only of the First Party. The Second Party shall communicate the
Performa confirmation or otherwise of the availability of the said tourism products for such specified
time and quality to the CRC of the First Party either through Fax or any other means. The Second Party
shall be authorized to receive money or Bank instruments (Drafts, Cheques etc. ) in the manner
mentioned above from any customer on behalf of the First Party only upon the availability of the
accommodation/ booking or equivalent , from any customer prior to the receipt of such confirmation
shall constitute a breach of conditions of this Agreement and shall be dealt with accordingly, as per the
conditions of this Agreement.
11.
The second party will book accommodation of Tourist Rest Houses of the First Party on on-line
booking, through credit card/ debit/ master/ visa cards or through Advance deposit option (in which
Second Party will deposit the amount to the First party Bank Account which will be added by First
Party in Second Party online booking account) and the First Party will provide to the Travel agent
Commission on actual room rent (excluding meal, VAT, Luxury Tax) Commission Details provided in
Point No.: 14
12.
Payment of the commission by the First Party to the Second Party will be on matured bookings.
13.
User ID along with password will be provided by First party’s Central Reservation Centre to make
online bookings.
14.
In case due to some network failure online is not accessible by the Second Party then the Second Party
will use Multi-city cheque/CBS payment method through Central Reservation Centre. The Second
Party, will see the availability of accommodation with CRC of the First Party and as per their
requirement will send an e-mail to CRC of the First Party with booking and payment details
(mentioning Multicity Ch. No and date). The CRC of the First Party will confirm the booking to the
Second Party immediately by e-mail. The Second Party will send the multicity Cheques to CRC of the
First Party within a week. This option will not be brought in regular practice.
15.
The Second Party is expected to rise a business to the tune of Rs 5.00 lac excluding taxes, in favour of
First Party for a financial year. If the business given by the Second Party will be less then 5.00lac then
First Party will have the right to breach or discontinue the agreement. The commission to the Second
Party by the First Party will be given on the following basis:
1. Business upto `.5.00lac
room
2.
room
3.
4.
5.
5% commission on the entire business on actual
rent
Business between `.5.01 lac to `.8.00lac 15% commission on the entire business on actual
rent
Business between `.8.01lac to `.15.00lac 20% commission on the entire business on actual
rent
Business above `.15.00lac
25% commission on the entire business on actual
rent
Business for Adi-Kailash & Trekking 20% commission on package amount.
package
room
room
16.
At places where there are KMVN PRO Offices, there the GSA which will get appointed will have to
give the business of minimum `.10.00 lac (excluding tax) for one financial year. If the target is not
completed by the GSA for one financial year (April to March) then the agreement will get terminated
and will not get renewed.
17.
Subject to the condition no 2 of this deed, the further renewal of this Agreement shall also depend upon
the business performance of the Second Party and if the business of one year is less than `.5.00 lac then
further renewal shall be under the discretion of Managing Director, KMVN.
18.
The First Party shall bear no portion of the expanses of the Second Party towards establishment,
maintenance, promotion or publicity of the business or expenses of office of sale of tourism products of
the First Party incurred by the Second Party.
19.
No liability of the Second Party shall constitute any portion of the liability of the First Party either in
the past, or in the present or in future and the First Party shall stand indemnified of all liability claimed
or other forms of dues or penalties that the Second Party may incur in its conduct of business under
Agreement or otherwise.
20.
No employee or agent of the Second Party shall have any claim of any variety on the First Party in any
respect either in the present or in the future.
21.
The First Party reserves all rights to issue circular, guidelines, rules and regulations from time to time
in connection with the procedures and methods that must be followed and adhered to by the Second
Party in the discharge of its function as the agent of the First Party. Failure to adhere with or comply
the same shall constitute a breach of conditions of this Agreement, as result of which the security
deposit of the Second Party may be forefited by the First Party besides the termination of this
Agreement.
22.
All disputes concerning this Agreement or any matter there of shall be subject to the Jurisdiction of the
courts falling within Nainital. That in case of dispute between the parties in respect of terms of this
Agreement and matters arising out of this Agreement the same shall be referred to the sole arbitration
Managing Director, Kumaon Mandal Vikas Nigam Ltd., Nainital whose decision shall be final and
binding upon the parties
23.
The Second Party shall obey the executive instructions issued from time to time by the First Party in
respect of the sale and manner of tourism products of the First Party failure of which shall be breach of
condition of this deed.
24.
The Second Party shall have sound financial position and the First Party shall be at liberty to ask for
the verifications of the any account, balance sheet or any other account to investigate and ensure
financial soundness of the Second Party.
25.
The parties of this Agreement have agreed that the cancellation of reservation shall be governed by the
rules of the First Party.
26.
The Second Party shall not create sub-contract or any third party interest in any manner whatsoever,
with regard to this Agreement.
27.
The Second Party shall not use logo of the First Party for any publicity purpose without prior
permission in writing of the First Party.
28.
The Second Party shall use the online receipt, which shall be provided to the customer so that he on his
visit can submit it to First Party.
29.
All costs and charges including stamp duty and registration charges, if any or, this deed shall be borne
and paid by the Second Party.
30.
Any amount payable under this Agreement by the Second Party to the First Party, shall be recoverable
from the Second Party as arrears of land revenue, besides the other modes available for such recovery.
In witness where of the parties hereto set and subscribed their hands and sealed the day months and
year first above written.
31.
GSA will no not make bookings through any PRO offices of KMVN. Appointed GSA will make the
bookings by logging to his/ her ID and password either by Advance Deposit option of Credit Card.
32.
GSA will deposit an amount of `.50,000/- as the security amount to KMVN and beside security money,
Party will have to submit additional amount above `.10,000/- or above to make online bookings
through Advance Deposit option. GSA having the credit limit less than `.1,500/-will not be able to
make further bookings.
33.
Nigam will deposit the commission amount (after the tax deduction) in GSA’s CBS Bank account. GSA
will have to ensure that they have a CBS account in such Banks which have a branch at Nainital.
witness:
For First Party
1212-
For Second Party