VIAJES TERRAMAR-TOUR, S.L. Spain, Lloret de Mar, 17310, Pi Maragal, 5, 10 -50. Ph.: (34+972) 37-31-38 Fax: (34+972) 36-66-04 Е-мail: info@terramartour.com Director: IGOR ROTENSHTEYN " ____________ " hereinafter the AGENCY, in person of the General Director _________________ on the one hand, and VIAJES TERRAMAR-TOUR, S.L., hereinafter TERRAMAR, in person of the General Director of Mr. IGOR ROTENSHTEYN, on the other hand, have concluded the present CONTRACT as follows: 1. SUBJECT OF THE CONTRACT. 1.1. The AGENCY entrusts and sends, and TERRAMAR receives and provides services to tourist groups and individual tourists. 2. OBLIGATIONS OF THE PARTIES. 2.1. The AGENCY sends tourist groups and individual tourists. 2.2. The AGENCY ensures that the tourists have all necessary and correctly formalized documents (passport, medical insurance, air tickets to / from Spain, visa). 2.3. The AGENCY informs TERRAMAR on any changes in the application for reservation of services not later than 11 days prior to date tourists’ arrival. 2.4. TERRAMAR receives and ensures the reserved services to tourist groups and individual tourists paid beforehand the tourists’ arrival. 2.5. TERRAMAR sends invitations for the clients in accordance with the Consulate requirements and existing law. 2.6. TERRAMAR ensures services according to the AGENCY’s confirmations on the services reservation. 2.7. TERRAMAR should not bear responsibility for the decision of a tourist to change the services in the host country, which were ordered and paid in Russia. 3. PAYMENT PROCEDURE. 3.1. Not later than 11 days prior to date of arrival, TERRAMAR makes out a proforma invoice to the AGENCY according to the confirmed request. 3.2. The payment of services is made by the AGENCY based on the terms of the proforma invoice, not later than 10 days prior to the arrival. 3.3 TERRAMAR reserves its right not to service the clients of the AGENCY in a case of non receipt of payment on the account of TERRAMAR prior to the moment of the tourist arrival. 3.4. All settlements under the present CONTRACT are carried out based on the presented invoices in Euros or US Dollars. 3.5. All claims of the AGENCY on the factura-invoices should be sent to TERRAMAR office not later than 1 month after the departure of the tourists. 3.6. All disputes on settlements are examined based only on the final invoices (facturas). The AGENCY has no right to take unilateral decision on non-payment or incomplete payment of the proforma invoices. 3.7. In case of TERRAMAR failure to ensure the services paid by the AGENCY, TERRAMAR undertakes to return the funds of the AGENCY after the appropriate check, but not later than 90 days from the moment of placing the funds on the TERRAMAR’s account on preliminary request of the AGENCY. 4. FORCE MAJOURE. RESPONSIBILITIES OF THE PARTIES. 4.1. In case of non receipt by a client of his visa, TERRAMAR should not bear responsibility for a complete or partial cancellation of the trip, which was properly paid by the AGENCY. 4.2. Neither party should bear responsibility for partial or complete failure to fulfill its obligations, if this failure was the result of acts of nature, military actions or others force majeure circumstances. 4.3. In case of refusal to go to the trip for 4 or less days before the expected date of the arrival, the AGENCY pays TERRAMAR the cost of one night of stay for each week calculated according to the invoice. In the high season (designated in writing by TERRAMAR) the penalty for refusal to go to the trip for less than 8 days before the expected arrival, will make up 3 days of accommodation for each week. In hotels, where the penalty sanctions exceed the mentioned one in the present contract, then they are specified in the price-lists on hotels. 4.4. Failure to go to the trip is considered cancelled only after the written confirmation made by TERRAMAR. 4.5. Claims from tourists are accepted by TERRAMAR only during their stay in Spain. 4.6. TERRAMAR should not bear responsibility for actions of the third parties (such as the customs, police, passport control etc.) 5. OTHER CONDITIONS. 5.1. Any changes and additions to the present CONTRACT are valid, if they are executed in writing and are signed by the representatives of both parties. 5.2. The CONTRACT inures from the moment of signing, the end of the Contract is _________. 5.3. All disputes arising at performance of the present CONTRACT should be settled by negotiations. In case of not achievement of the agreement by negotiations, the Parties apply to the Arbitration Court: · If the respondent is the AGENCY, the dispute is subject to examination in the International Commercial Court at the Commercial Chamber of Russia, according to its regulations; · If the respondent is TERRAMAR, the dispute is subject to examination in the Madrid Arbitration Chamber. The decision of the Arbitration Court is final and is accepted by both Parties. 5.4. In case of failure or inadequate performance by the Parties of their obligations under the present Contract, the Parties compensate the caused thus losses. TERRAMAR BANC INFORMATION: BANC: Caja Madrid Avinguda de Just Marles, 17310 Lloret de Mar (Girona), Espana ACCOUNT: 2038 9943 92 6000056328 SWIFT: CAHMESMMXXX VIAJES TERRAMAR-TOUR, S.L. Agree with the conditions of the Contract
