Explore Cozy, presumably a travel company, discovers that a travel agent is engaged in fraud or making misrepresentations to potential travelers, Explore Cozy has the right to forfeit the deposit and take any other necessary actions against the travel agent.
This is intended to protect Explore Cozy and its customers from dishonest or unethical behavior by travel agents. By reserving the right to forfeit the deposit, Explore Cozy can potentially recover some financial losses if they have already paid the travel agent based on false information or fraudulent activity.
Furthermore, the clause grants Explore Cozy the discretion to take additional actions against the travel agent. These actions could include legal measures, terminating the agent’s contract, reporting the agent to relevant authorities, or pursuing other remedies as deemed necessary by Explore Cozy.
It is important to note that the interpretation and enforcement of contractual clauses may vary based on jurisdiction and specific contract language. It is always advisable to consult with legal professionals for accurate advice tailored to your situation.
The excerpt you provided states that, unless otherwise specified in the agreement, the travel agent is not allowed to request or accept direct payment of booking amounts from travelers for orders or bookings made through the Explore Cozy portal. If the travel agent breaches this condition by accepting direct payments, Explore Cozy has the right to take appropriate action, including terminating the contract with the travel agent.
This is designed to ensure that all payments for bookings made through the Explore Cozy portal are processed and handled in accordance with the agreed-upon payment methods and procedures. By prohibiting travel agents from accepting direct payments, Explore Cozy maintains control over the payment process and can ensure that it is properly managed and accounted for.
If a travel agent violates this condition by accepting direct payments, Explore Cozy reserves the right to take action to protect its interests. This could include terminating the contract with the travel agent, which would sever the business relationship between the two parties.
As with any contractual clause, it is important to review the full agreement and consult with legal professionals to understand the specific implications and enforceability of such clauses in your jurisdiction.
The clause you provided states that the travel agent is responsible for raising an invoice directly in the name of the traveler for the total amount to be paid, including Explore Cozy’s commission as specified in Clause 5. It further specifies that the travel agent is responsible for charging, collecting, and paying the Goods and Services Tax (GST) and any other applicable taxes. Explore Cozy explicitly states that they are not responsible for these taxes.
This clause outlines the specific responsibilities and obligations of the travel agent regarding invoicing, commission, and tax compliance. The travel agent is required to generate an invoice in the traveler’s name, reflecting the total amount payable, which includes Explore Cozy’s commission.
Additionally, the travel agent is responsible for charging and collecting the applicable GST and other taxes from the traveler. They are also responsible for remitting these taxes to the appropriate tax authorities. Explore Cozy explicitly disclaims any responsibility for handling or remitting these taxes.
It’s important to note that tax laws and regulations vary across jurisdictions, and it is the responsibility of the travel agent to comply with the applicable tax laws in their jurisdiction. Consultation with tax professionals or legal advisors is recommended to ensure compliance with tax obligations.
Explore Cozy, as the service provider, will raise an invoice on or before the 10th day of every month in the name of the travel agent. This invoice will include the commission charged by Explore Cozy, as specified in Clause 5, for all the bookings made in the preceding month. The invoice will also include any applicable Goods and Services Tax (GST) or cancellation charges.
According to the clause, any tax liability arising from the commission owed by the travel agent to Explore Cozy will be the sole responsibility of the travel agent. Explore Cozy explicitly states that they will not be liable for any tax obligations related to the commission.
Clearly outlines the invoicing and commission payment process between Explore Cozy and the travel agent. Explore Cozy will provide a monthly invoice to the travel agent for the commission due, and it is the travel agent’s responsibility to handle any associated tax liabilities.
As tax laws can vary, it is important for the travel agent to ensure compliance with the applicable tax regulations and consult with tax professionals or legal advisors to understand their tax obligations accurately.
Explore Cozy has the right to request the travel agent to provide payment proofs, which may include vouchers and/or payment bills from the travel agent’s suppliers. This means that Explore Cozy can ask the travel agent to provide evidence of payments made to suppliers as part of their business transactions.
By requiring payment proofs, Explore Cozy aims to ensure transparency and accountability in the financial transactions between the travel agent and their suppliers. It allows Explore Cozy to verify that the travel agent has fulfilled their payment obligations to suppliers in a timely and proper manner.
The specific circumstances under which Explore Cozy may request payment proofs may vary and should be defined in the agreement or discussed between both parties. Typically, this provision helps Explore Cozy to monitor and assess the financial integrity of the travel agent and maintain quality control over the services provided.
It’s important for the travel agent to keep accurate records and be prepared to furnish the requested payment proofs as per the agreement. This helps establish trust and smooth business operations between the travel agent and Explore Cozy.
The clause you provided states that before raising Goods and Services Tax (GST) invoices, the travel agent is required to coordinate with Explore Cozy regarding the address and Goods and Services Tax Identification Number (GSTIN) on which such invoices should be raised by Explore Cozy.
This emphasizes the importance of communication and coordination between the travel agent and Explore Cozy to ensure accurate and compliant invoicing for GST purposes. The travel agent needs to provide the necessary information to Explore Cozy, such as the correct address and GSTIN, so that Explore Cozy can generate and issue GST invoices accordingly.
By coordinating in advance, both parties can ensure that the GST invoices are raised with the correct details, which is crucial for tax compliance and documentation purposes. It helps to avoid any errors or discrepancies that may arise from incorrect or incomplete information.
This clause highlights the collaborative approach between the travel agent and Explore Cozy in fulfilling their respective responsibilities related to GST invoicing. It is essential for the travel agent to maintain open communication channels and provide accurate information to facilitate smooth and accurate invoicing processes.
The travel agent is responsible for providing accurate and timely information to Explore Cozy for the purpose of fulfilling GST compliances. By providing correct information, the travel agent enables Explore Cozy to undertake the necessary steps to comply with GST regulations. This compliance, in turn, allows the travel agent to claim input tax credit for the supplies made by Explore Cozy.
Explore Cozy will not be held responsible for any loss of input tax credit or delays in obtaining input tax credit by the travel agent. This means that if the travel agent provides incorrect information or engages in any act or mission that affects the input tax credit process, Explore Cozy will not be liable for any resulting loss or delay.
The travel agent’s responsibility for providing accurate and timely information related to GST compliances. It emphasizes the importance of accurate reporting and compliance in order for the travel agent to claim input tax credit effectively. Explore Cozy’s stance is that they cannot be held accountable for any issues arising from incorrect information provided by the travel agent or any actions taken by the travel agent that may impact the input tax credit process.
It’s important for the travel agent to ensure they provide correct information and comply with relevant GST regulations to avoid any potential loss of input tax credit or delays in its a ailment. Consulting with tax professionals or legal advisors can help ensure compliance with GST requirements.
The Explore Cozy is responsible for complying with all necessary compliances, including but not limited to providing Goods and Services Tax (GST) invoices or other required documentation as per the GST law. Explore Cozy is also responsible for paying taxes, filing valid statutory returns within the prescribed time period, and fulfilling any other obligations on the Goods and Services Tax Portal or as mandated by GST laws.
This emphasizes Explore Cozy’s commitment to adhering to all legal requirements and obligations related to GST. It ensures that Explore Cozy will fulfill its responsibilities in terms of generating and providing GST invoices, paying the required taxes, and submitting timely and valid statutory returns for the relevant tax period.
By stating “including but not limited to,” the clause indicates that Explore Cozy is committed to fulfilling all necessary compliances related to GST, not just the specific items mentioned in the clause.
Overall, Explore Cozy’s dedication to compliance with GST laws and its willingness to fulfill its obligations in a timely and appropriate manner.
Any dispute related to input tax credit or any other tax-related matters must be communicated to Explore Cozy within 30 days from the date of issuance of the invoice.
A specific time frame within which the travel agent must notify Explore Cozy about any disputes or issues concerning input tax credit or other tax-related matters. By imposing this time limit, the clause ensures that disputes are brought to the attention of Explore Cozy in a timely manner, allowing for prompt resolution and appropriate action.
It is important for the travel agent to adhere to this requirement and communicate any disputes or concerns within the specified timeframe to ensure that Explore Cozy has an opportunity to address and resolve the matter effectively.
It’s worth noting that the specific procedures and resolution mechanisms for handling tax-related disputes may vary depending on applicable tax laws and regulations. Therefore, it is advisable to consult with legal or tax professionals for guidance on the appropriate process to follow in case of a dispute.
The travel agent is required to share its cancellation policy in writing with the traveler. This should be done at the time of issuing the itinerary or the invoice, whichever occurs earlier, in relation to a booking made on the portal.
The purpose of this clause is to ensure that the traveler is provided with the cancellation policy in a clear and documented manner. By sharing the policy in writing, the travel agent allows the traveler to be fully informed about the terms and conditions regarding cancellations.
Timing is also emphasized in the clause, stating that the cancellation policy should be provided to the traveler at the earliest possible stage, either when the itinerary is issued or when the invoice is issued. This ensures that the traveler has access to the cancellation policy and can make informed decisions about their bookings.
The written form of the cancellation policy helps avoid any misunderstandings or disputes that may arise later. It is important for the travel agent to clearly communicate the terms and conditions of cancellations to the traveler, enabling both parties to have a shared understanding of their rights and obligations in the event of a cancellation.
Providing the cancellation policy in writing also demonstrates transparency and professionalism on the part of the travel agent, fostering trust and good customer service practices.
If a traveler has transferred the booking amount to Explore Cozy and subsequently cancels their trip, Explore Cozy will deduct the cancellation fees from the booking amount. There are two components of the cancellation fees:
Travel Agent’s Cancellation Fees: Explore Cozy will deduct the cancellation fees due to the travel agent. The specific amount will be determined based on the cancellation policy provided by the travel agent in the invoice or itinerary shared with the traveler.
Explore Cozy’s Cancellation Fees: Explore Cozy will also deduct its own cancellation fees, which are specified as Rs. [750] per person. This amount represents the cancellation charges imposed by Explore Cozy as per their own cancellation policy.
After deducting the cancellation fees from the booking amount, Explore Cozy will transfer the remaining amount to the bank account of the traveler.
This clause outlines the process and the specific deductions to be made in the event of a traveler’s trip cancellation. It highlights the cancellation policies of both the travel agent and Explore Cozy, and specifies the amounts to be deducted from the booking amount.
It is important for travelers to review the cancellation policies provided by both the travel agent and Explore Cozy to understand the fees and charges associated with cancellations. This clause ensures transparency and clarity regarding the financial implications of trip cancellations for travelers.
The clause you provided states that the commission payable to Explore Cozy, as specified in Clause 5, will also be applicable to the cancellation charges imposed by the travel agent on the traveler.
This means that when the travel agent charges a cancellation fee to the traveler for a canceled booking, Explore Cozy is entitled to receive a commission on that cancellation fee. The commission payable to Explore Cozy, as outlined in Clause 5 of the agreement, will be calculated based on the cancellation charge amount.
Including cancellation charges in the commission calculation ensures that Explore Cozy receives its agreed-upon commission on all transactions, including cancellations. It is a standard practice in the travel industry to include cancellations in the commission structure to ensure consistency in commission calculations.
This clarifies the scope of commission payable to Explore Cozy, extending it to cover cancellation charges imposed by the travel agent. It is essential for the travel agent to factor in the commission on cancellation charges when determining the total commission owed to Explore Cozy.
It’s important to note that the specific commission percentage or calculation method should be clearly outlined in Clause 5 or elsewhere in the agreement to provide a comprehensive understanding of the commission structure.
The event of a cancellation, Explore Cozy will refund the commission amount to the service provider. Additionally, Explore Cozy will be responsible for issuing a credit note to the service provider once the refund of the commission amount has been successfully processed.
The procedure for handling commission refunds in the case of cancellations. When a booking is canceled, Explore Cozy will refund the commission amount to the service provider who originally received the commission payment. This refund ensures that the service provider is reimbursed for the commission earned on the canceled booking.
Furthermore, Explore Cozy takes responsibility for issuing a credit note to the service provider. A credit note is a document that serves as evidence of the commission refund and is typically used for accounting and reconciliation purposes. By issuing a credit note, Explore Cozy provides a record of the refunded commission amount to the service provider, ensuring proper documentation and transparency in the transaction.
Highlights Explore Cozy’s commitment to refunding the commission amount to the service provider in a timely manner and ensuring the necessary documentation is provided. It helps maintain a clear and accountable process for commission refunds in the case of cancellations.
The clause you provided states that if the cumulative cancellation charges payable to both Explore Cozy and the travel agent are higher than the booking amount paid by the traveler, Explore Cozy will transfer the entire booking amount received from the traveler to the travel agent. However, before transferring the amount, Explore Cozy will deduct the cancellation charges, Tax Collected at Source (TCS) if applicable, and the commission payable to Explore Cozy as specified in Clause 5 and Clause 7 of the agreement.
This ensures that if the cancellation charges exceed the booking amount paid by the traveler, Explore Cozy will still honor the commitment to transfer the entire booking amount to the travel agent. However, certain deductions will be made before transferring the funds.
The deductions to be made include:
1. Cancellation Charges: Explore Cozy will deduct the cancellation charges associated with the canceled booking.
2. Tax Collected at Source (TCS): If applicable, Explore Cozy will deduct the TCS amount as required by tax regulations.
3. Commission Payable to Explore Cozy: Explore Cozy will also deduct the commission amount payable to them as specified in Clause 5 and Clause 7 of the agreement.
4. After deducting these amounts, Explore Cozy will transfer the remaining funds to the travel agent.
Ensures that in cases where the cancellation charges exceed the booking amount, the travel agent still receives the full booking amount paid by the traveler, subject to the necessary deductions. It establishes the responsibility of Explore Cozy to transfer the funds promptly and accurately to the travel agent, taking into account the cancellation charges, TCS, and the commission payable to Explore Cozy.
Explore Cozy has the right to retain and use the information of the travel agent, including the travel agent’s profile, reviews from travelers, images and logo, and any other intellectual property, both during and after the tenure of the agreement. Furthermore, if there is a breach of the agreement by the travel agent, Explore Cozy has the right to disclose information regarding the breach on the portal. The travel agent is not allowed to object to Explore Cozy retaining such information or disclosing the reasons for the travel agent’s removal from the system on the portal.
Explore Cozy the authority to keep and utilize the information provided by the travel agent. This information may include details about the travel agent’s business, reputation, and intellectual property. By retaining and using this information, Explore Cozy can potentially showcase the travel agent’s profile, reviews, and other relevant content on their platform.
In the event of a breach of the agreement by the travel agent, Explore Cozy also reserves the right to disclose information regarding the breach on the portal. This disclosure could include reasons for the travel agent’s removal from the system or any other pertinent information related to the breach.
It’s important for the travel agent to be aware of the implications of this clause and the potential use of their information by Explore Cozy. The travel agent should ensure that they understand and agree to the terms of this provision before entering into the agreement.
