AGENCY AGREEMENT
on selling the tourist products
№ /2025

Pattaya, Thailand 28.04.2025

The "SAYAMA TRAVEL GROUP CO., LTD." travel company represented by the General Manager Ms. Valiantsina Malaya, acting on the basis of the Power of Attorney №04 from May "10th" 2019, hereinafter referred to as "the Tour Operator" on the one hand, and represented by , acting on the basis of , hereinafter referred to as "the Agent", on the other hand, both hereinafter jointly referred to as "the Parties" and individually as “the Party”, agreed as follows:

1. Terms of the Agreement

For the purposes of unification and to shorten the text of this agreement, the following terms shall be applied:
"The Agreement" shall mean this Agreement;
"The Appendices" shall mean duly executed, signed by the authorized representatives of the Parties and sealed applications, appendixes, additional conditions that shall be deemed as an integral part of the Agreement;
"The Tourist" shall mean a person who performs a trip or intends to make a trip to the Kingdom of Thailand or any other country for the purpose not prohibited by the laws of the host country for the period from 24 hours to one year not performing any gainful activity, and with the obligation to leave the country or place of temporary residence within this period;
"The Agreement in favor of a third party" shall mean an agreement with a resolutive circumstance for the tour services for the benefit of a third party (Tourist) or the third parties (group of Tourists);
"The Customer" shall mean a person who signed the agreement in favor of a third party;
"The Agreement on travel services" shall mean an agreement with a resolutive circumstance according to which the Tour Operator is obliged to provide under the order of the Tourist (Tourists) or the company (legal entity) the complex of tourist services (Tourism product), and the Tourist (Tourists) or the company (legal entity) undertakes to pay for it according to such agreement ;
"The selling of Тourist products" shall mean the execution of selling the Тourist products to the Tourist or to the company (legal entity) according to the Agreement on travel services or to the Customer according to the Agreement in favor of a third party;
"The Voucher" shall mean a document of a certain form defined by the Tour Operator, which entitles the Tourist (Tourists) placement in a certain hotel (inn/resort) with a certain type of food and in a certain type of room within the defined period. The Voucher may also grant the right to use the transport (transfer).
"The Agent’s Application" shall mean notification of the Tour Operator by the Agent of concluding the Agreement on travel services with the Tourist(s) or legal entity or on concluding the Agreement in favor of a third party with the Customer. Specified in the Agent’s Application is a list of services ordered by the Tourist (Tourists, legal entity, Customer). The Agent’s Application may include several orders.
The Agent’s Application is also an irrevocable offer (proposal) of the Agent sent to the Tour Operator, including an offer (proposal) to conclude an Agreement on travel services or an Agreement in favor of a third party or an Agreement on organization of the promotional tour subject to the conditions specified in such Application and online form of the relevant Agreement on the website: www.sayamaluxury.com.
The Agent’s Application shall be sent to the Tour Operator digitally through the Online Booking System. The Agent receives an access to the digital form of the Agent’s Application in the manner provided by section 11 of this Agreement.
"The Confirmation of the Application" shall mean notification by the Tour Operator of the Tourist (Tourists, legal entities, the Customer) through the Agent that the Tour Operator’s partners are ready to provide travel services ordered by the Tourist (Tourists, legal entity, the Customer). The Confirmation of the Application means the exclusion of resolutive circumstance specified in the Agreement on travel services or the Agreement in favor of a third party.
The Confirmation of the Application shall be sent to the Agent using the Online Booking System.
The Confirmation of the Application is also an invoice billed by the Tour Operator to the Agent for the Tourism products ordered by the Tourist (Tourists, legal entity, the Customer) or for the promotional tour ordered by the Agent.
"The Cancellation" – a) notification of the Tour Operator by the Agent about the Tourist’s (Tourists’, legal entity’s, the Customer’s) refusal from the fulfillment of the Agreement on travel services or the Agreement in favor of a third party; b) refusal of the Tour Operator to provide the services ordered by the Tourist (Tourists, legal entity, the Customer) in cases provided by the law and (or) the relevant Agreement. The Cancellations specified in subclauses a) and b) hereof shall be performed by the concerned Party by sending to the other Party a written notice by mail, e-mail or fax, or via The Online Booking System form.
"Changing the Agent’s Application" shall mean notification the Tour Operator by the Agent on any refusal of the Tourist (Tourists, legal entity, the Customer) from the early concluded Agreement on travel services (Agreement in favor of a third party) and the conclusion of a new Agreement on travel services (Agreement in favor of a third party). The amended Agent’s Application shall include a new (renewed) list of travel services ordered by the Tourist (Tourists, legal entity, the Customer).
“The Tourism product (Tour product, Tour)” shall mean a range of services as to accommodation, transportation (transfer), meal provided to the Tourist(s) in the country(-ies) of the temporary residence, including excursion services (paid by the Tourist, legal entity, the Customer) as well as guiding (a guide and interpreter) services and any other services provided depending on the purpose and specified details of the journey/travel, that will be sold to the Tourist (Tourists, legal entity, the Customer) as a package.

2. The Subject of the Agreement

2.1. By this Agreement the Agent undertakes to provide the services to the Tour Operator for remuneration by concluding the Agreements on travel service or Agreements in favor of a third party on its own behalf or on behalf of Tour Operator, but under supervision of the Tour Operator, as well as to perform the real actions specified by this Agreement to ensure the provision by the Tour Operator of the Tourist services for the Tourists and/or legal entities.
2.2. The relations arising from the Agreement shall not mean monopoly agency relationship.
2.3. The form of confirmation of the Agent’s authority shall be the present Agreement.

3. Execution and performance of the Agreements on travel services and Agreements in favor of a third party

3.1. On the basis of the Agreement the Agent on its own behalf or on behalf of Tour Operator concludes with the Tourist (Tourists, legal entity) the Agreement on travel services (agreement in favour of the third party) in a form in accordance with the applicable law of the country of the Agent’s location, with the compulsory inclusion of the terms provided by the Tour Operator (Appendix №1 to the Agreement). As to the Agent’s Applications which the Tour Operator assigned the status “MICE”, whereof the Agent is notified via e-mail provided herein, the Tour Operator will provide the individual conditions compulsory for the inclusion by the Agent to the Agreement on travel services (Agreement in favor of a third party).
The digital version of the Appendix №1 to this Agreement is uploaded on the webpage of the Tour Operator: www.sayamaluxury.com.
3.1.1. The Agent has no right to conclude with the Tourist (Tourists, legal entity, the Customer) the Agreement on travel services (Agreement in favor of a third party) without the inclusion of the compulsory terms listed in the Appendix №1 to this Agreement, unless otherwise provided in the notifications sent to the Agent by the Tour Operator, including facsimile and digital means of communication. If the Agent violates the mentioned requirements, the consequences provided in cl. 7.2.5. of the Agreement shall be applied.
3.2. The Agent has the right to conclude sub-agency agreements with the obligation to notify the Tour Operator on the conclusion of such agreement and provide information on the sub-agent (name, contact details and registration information).
3.2.1. The Agent is solely responsible for the fulfillment by the sub-agent of the obligations provided by this Agreement and is the sub-agent’s guarantee on all issues regarding mutual settlements with both the Tour Operator and the Tourist (Tourists, legal entity, the Customer).
3.2.2. Upon conclusion of the sub-agent agreement the Agent is obliged to include in such agreement all the terms concerning obligations and sanctions provided by this Agreement for the Agent.
3.3. To ensure the performance of the Agent’s authorities the Tour Operator shall:

3.3.1. Provide the Agent at Tour Operator’s discretion with reference, methodical, advertising and other materials (including those uploaded on the website of the Tour Operator), necessary to provide conscious choice of the Tour by the Tourist (the Customer, legal entity) and to conclude Agreements for travel services and Agreements in favor of a third party.
3.3.2. During the term of the Agreement validity to promptly provide assistance to the Agent in the event the Agent has any complications in drafting and/or concluding/signing Agreements for travel services and/or Agreements in favor of a third party.
3.3.3. To promptly inform (in particular, via e-mail) the Agent about the changes about the order of services providing to tourists regarding the services included in the Tour, in particular: changes in the value of Tour, the changes of the time of flight from the departure airport to the Tour, change of the departure airport of the city where the Tour starts, as well as other information to inform the Tourist (Tourists, legal entity, the Customer). If the Agent does not bring this information to the attention of tourist (Tourists, the Customer, a legal entity), the Agent will be fully liable for any claims arising from Tourists, the Customer or legal entity as a result of such failure of the Agent.
3.3.4. Provide travel insurance (health and accident insurance) on the basis of the respective agreements with insurers.
3.3.5. Enable Customer self-printing voucher, policies of health insurance and accident insurance, digital tickets for charter flights.
Ability to print by the Agent other documents necessary for the delivery to Tourist (Tourists, the Customer entity), is to be set by the Tour Operator.
Partial or late payment by the Agent for the Tourist product entitles the Tour Operator to refuse issuing such documents.
3.3.6. To book all kinds of services included in the Agent’s Application, in case the Tour Operator has availability to ensure the provision of such services. The Agent has to comply with the obligations provided in cl. 3.4.9 of the Agreement.
3.3.7. If the Tour Operator cannot confirm one or more services being the part of the Agent’s Application, the Agent shall be notified. The Tour Operator may specify a period not more than three hours to submit a Change of The Agent’s Application.
In case of non-receipt of the Agent’s Application Change, the Tour Operator reserves the right to cancel the Agent’s Application, without notice and without the imposition of costs and penalties.
3.3.8. Within 2 working days from the date of acceptance of the Agent’s Application to provide an invoice for payment.
3.3.9. Provide the Agent with the information on Tourist products, which, in particular, listed in the catalogs and on the website of the Tour Operator.
3.3.10. If possible, to assist the Tourist (Tourists) with tourist visa in the consulate of the country, to which the Tourist (Tourists entity, Customer) intends to buy and where the law does not provide simplified method of obtaining a visa.
3.4. Within the execution and performance of the Agreement on travel services, the Agreement in favor of a third party the Agent has to:
3.4.1. Before the execution of the Agreement on travel services, the Agreement in favor of a third party to provide the Tourist (Tourists, a legal person, the Customer) with detailed information on the selected travel products by the Tourist (Tourists, legal entity, the Customer). In the case of intention by a third party (third parties) to take advantage of Tourist products under the Agreement in favor of a third party, to provide with such information such third party (third Parties).
3.4.2. Check the correctness and ensure that the Tourist when passing the border and customs controls shall have passport, visa and other necessary documents for entry and leaving the country.
The Agent should refuse the Tourist or legal entity to conclude an Agreement on travel services and Customer in the Agreement to a third party if:
a) the term of validity of the entry visa since crossing the border of the country, will have been less than a period the Tourist intends to stay, or will have been less than the period specified by the competent authorities of that country;
b) the number of entries (exits) to (from) the country has been expired;
c) the term of validity of passport since crossing the border of the country, where the Tourist will be travelling, is less than the term set by the competent authorities of that country;
d) there are no documents provided by the competent authorities of the country of origin;
e) there are no documents providing a foreigner or a stateless person with the right to enter and stay in the territory of the Kingdom of Thailand.
3.4.3. Receive from the Tourist (Tourists, Customer, legal entity) any fee for the Tourist products by bank transfer or cash.
3.4.4. As part of its commitment to hold records in the form and within the time specified by the Agreement and by the law of the country of the Agent’s location.
3.4.5. In case the Tourist appeals (the legal entity, the Customer) to the Agent with the claims in writing, to notify the Tour Operator within one business day of receipt. To warn the Tourist (legal entities and Customers) that the claim must be accompanied by a certificate executed by the Tourist and an authorized employee of the organization providing services to the Tourist, and certified by the signature of the representative of the host company in the host country.
3.4.6. To execute (print) via the Online Booking System form and to send to the Tourist (Tourists, legal entity, the Customer) travel documents for charter flights, medical and accident insurance, vouchers and other documents specified by the Tour Operator. The Agent shall prepare all specified documents. Using the Online Booking System form enables to print out documents within the period of fourteen to one day prior to departure date, if full payment for the Tour has been made by the Agent.
3.4.7. To carry out upon consent with the Tour Operator all activities for promotion of the Tourist products of the Tour Operator.
3.4.8. In case the Tourist, Tourists, or a legal entity of the Agreement on travel services refuse from this Agreement, and the Customer of the Agreement in favor of a third party, the Agent shall immediately notify the Tour Operator in the form of the Agent’s Application Change or Cancellation.
3.4.9. In due terms provide the Tour Operator with all documents necessary for Tourist products’ registration, in particular, lists of Tourists indicating surnames and first names (in Latin script, as in foreign passport), citizenship, period of stay in the country, where the Tourist intends to travel, selected by the Tourist (Tourists, legal entity, the Customer) to place in hotels and book accommodation in rooms, their foreign passport series and numbers, date of issue and expiry date foreign passport, , name of authority issuing foreign passports, date of tourist’s birth (tourists’), telephone number of tourist (tourists).
3.4.10. Before the conclusion of the Agreement on travel services with the Tourist, who has special needs (disabled person or a person who wishes to obtain additional service at the airports of departure/arrival), the Agent has to:
a) make an appropriate note in the Agent’s Application and not later than two days prior to departure date shall send the message to the Tour Operator by email to the address: ______ @ sayamaluxury.com;
b) to obtain from such Tourist funds for payment for the Tour operator cost of care at the airports of departure/arrival according to the invoice provided by the Tour Operator.
3.4.11. In case of Cancellation or the Agent’s Application Change to return to the Tour Operator, upon request, unused voucher, insurance and other documents entitling the Tourist (Tourists) to obtain travel services. In the event of such documents not returned, new documents in the name of the same Tourist will not be issued by the Tour Operator.
3.4.12. Upon execution of the Agreement on travel services, the Agreement in favor of a third party to provide with the services the Tour Operator as to notify the Tourist (Tourists, legal entity, the Customer) on the booked Tour, to receive from the Tourist (Tourists, legal entity, the Customer) complaints, suggestions, and so on and send to the Tour operator. In case of Cancellation or The Agent’s Application Change to provide the documents in accordance with the terms of this Agreement and to perform the payment with the Tour Operator, that have been caused due to the Cancellation or The Agent’s Application Change, and perform other actions that are specified by the Agreement.
3.4.13. In the event of a resolutive circumstances specified in the Agreement on travel services or in the Agreement to a third person, return to the Tourist (Tourists, the legal person, the Customer) all funds that have been paid, if such still not have been paid to the Tour Operator. If at the moment of resolutive circumstances funds for Tourist products have been paid to the Tour Operator, the Agent returns to the Tourist the funds that have been returned by the Tour Operator and its agency fee.
3.4.14. To perform Cancellation in the case of violation by the Tourist (Tourists, the Customer, legal entity) the payment terms for the Tourist products and/or failure to comply with the terms to provide necessary documents.
3.4.15. To act only within the authority specified in the Agreement.

4. Payment for the Tour

4.1. The price of the Tourist products the Agent sells to the citizens in the country of origin is determined by multiplying the price-list cost by the commercial rate of the United States dollar to the currency of the country of origin on the date of conclusion of the Agreement on travel services (Agreement in favor of a third party). Commercial rate is established by the Agent’s partner Bank. In the price lists provided for the Agent, the Tour Operator indicates the price of the Tour in United States dollars, excluding the Agent’s agency fee. The Agent sells the Tourist products at a price set by the Tour Operator adding to the price the amount of the agency fee.
4.2. All kinds of payments shall be made under the Agreement in the non-cash form in USD.
4.3. The Agent has to transfer to the Tour Operator funds received by the Agent from the Tourist, Customer or legal entity as payment for the cost of Tour within three banking days from the date of receipt of the invoice from the Tour Operator, but no later than three banking days before the start of the tour (the day of start the first travel services included in the tourist product ordered by the Agent). Payment must be confirmed by the receipt of funds to the bank account of the Tour Operator in full according to the invoice. All expenses for the transfer of payments to the Tour Operator, including bank commission the Agent shall bear itself and at its own expense. As the purpose of the payment the Agent indicates the number of the invoice or the number of the Agent’s Application.
In case of non-receipt in full of such funds to the account of the Tour Operator within the provided period, the Tour Operator has a right to make the Cancellation. The Agent has to return immediately to the Tourist (Tourists, the Customer, legal entity) all the funds, received for the Tour, as well as to pay in full all the losses that have been incurred as a result of the termination of the Agreement on travel services or Agreement in favor of a third party. The Agent has to reimburse also all the losses to the Tour Operator whatsoever arising from Cancellation, which is equal to the amount of the actual costs of the Tour Operator that have been withheld by the Tour Operator’s partners under the contracts due to the Cancellation of this particular Tour.
4.4. Funds received by the Agent from the sale of the Tourist products, shall not be owned by the Agent, and are to be transit funds and entrusted to the Agent for temporary storage until settlement with the Tour Operator.
4.5. The Agent guarantees the Tour Operator that the Tourist (Tourists, legal entity, the Customer) will perform all payment obligations according to the Agreement on travel services or the Agreement to a third party.

5. The Agency fee

5.1. Upon performance of the obligations under the Agreement, including ensuring compliance by the Tourist (Tourists, legal entity, the Customer) obligations under the Agreement on travel services or the Agreement to a third party, the Agent receives an agency fee in the amount of service charge set by the Agent. Specified amount of the agency fee does not include VAT, if provided by the law of the country where the Agent is located.
5.2. The Agent retains its agency fee from the payment that has been received from the sale of the Tourist products to the Tourist (Tourists, legal entity, the Customer). The Tour Operator may establish another procedure for the payment of the agent’s fee by uploading information on the website of the Tour Operator www.sayamaluxury.com or by sending an e-mail and/or telefax to the Agent, or by sending a message to the Agent in the form of the latest Agent Application via The Online Booking System.
The right to hold the agency fee of payment received by the Agent from the Tourist (Tourists, legal entity, the Customer) occurs after the full payment by the Agent according to the invoice that has been issued by the Tour Operator.
5.3. In case if the Agent provides The Agent’s Application Change where the cost of the Tour is changes, the amount of the agent’s fee can also be changed. The return the part of the Agent’s fee to the Tourist or surcharge by the Tourist of the agent’s fee (service charge) to the Agent is performed on the basis and in accordance with the laws of the country where the Agent is located.
5.4. If the Tourist (Tourists, legal entity, the Customer) has canceled the Agreement on travel services (Agreement to a third party) the Agent returns the agent’s fee (service charge) to the Tour Operator.
5.5. The amount of the agent’s fee is established by the Parties at its discretion, taking into account the principles of the public price and the public offer valid in the region of sales under the laws of the country of the Agent’s residence. The Tour Operator can set the amount of the agency fee to certain Tourist product within marketing and promotional purposes with prior notification of the Agent, via including digital and fax communications.

6. Rights and obligations of the Parties

6.1. The Agent has the right to:
6.1.1. Upon the consent of the Tour Operator, to perform promotional activities, contributing to the conclusion by the Agent of the Agreements on travel services or the Agreements to a third party. Using by the Agent the Tour Operator’s mark for goods and services is possible upon consent of the Tour Operator only.
6.1.2. To receive details in full concerning the settlements of the Parties, within the execution of the Agreement and any other information necessary for the performance of the Agreement.
6.2. The Tour Operator has the right to:
6.2.1. Reduce or expand the authority of the Agent that shall be executed the form of Addition to this Agreement.
6.2.2. To verify the existence and validity of the Agreements on travel services, the Agreements in favor of a third party, and documents relating to the conclusion of these Agreements by the Agent.
6.2.3. To verify the Tourist’s document storage (travel documents, insurance policies and vouchers) received from the Tour Operator, in order to transfer it to the Tourist (Tourists, legal entity, the Customer).
6.3. The Agent shall:
6.3.1. Assist the Tour Operator in resolving issues arising as a result of the claims from the Tourist (Tourists, a legal entity, the Customer).
6.3.2. In the case of changing the essential details of the Agent (bank details, legal and/or the actual address of the Agent, the data of the authorized person, phone/fax number, e-mail address), the Agent shall notify the Tour Operator by sending information to the Tour Operator on the day of such changes, including via digital and fax communications with the subsequent delivery of the certified copies of confirmation documents.
6.3.3. One day prior to the Tour to update time of departure of the aircraft and in case of any changes to notify the Tourist (Tourists, legal entity, the Customer).
6.3.4. Not later than three days from the receipt of two copies from the Tour Operator of the Statement to the Agent’s Agreement, the Agent shall send signed copy to the Tour Operator. In the case of non-receipt by the Tour Operator of the signed Statement, the Tour Operator reserves the right to terminate this Agreement.
6.3.5. Check e-mail whereto the Tour Operator sends information regarding the execution of the Agreement and the status of the Agent’s Application on the official website of the Tour Operator www.sayamaluxury.com. If the invoice for the confirmed Agent’s Application provided by the Tour Operator is not received and/or no status messages of the Agent’s Application the Agent shall to notify the Tour Operator.
6.3.6. During the term set by the legislation, to file concluded on behalf of the Tour Operator Agreements on travel services, the Agreements in favor of a third party, and other documents related to the execution and performance of these Agreements, and upon request of the representatives of the Tour Operator the Agent shall provide such for inspection. Agreements on travel services or the Agreements to a third party, according to which the Tourists have not returned, have to be filed in the office of the Agent and without delay must be provided for inspection by the representatives of the Tour Operator.
6.4. The Tour Operator is obliged to:
6.4.1. In due terms and in good faith perform its obligations hereunder.
6.4.2. Provide the Agent, upon written request, with information on settlements between the Parties for a certain term the Agreement as on the first date of a particular month.
6.4.3. In the case of changing the essential details of the Tour Operator (bank details, legal and/or the actual address of the Tour Operator, the data of the authorized person), the Tour Operator is obliged before the end of the month, when the change occurred, to inform the Agent. In the case if changing the e-mail address, telephone/fax, the Tour Operator must immediately notify the Agent of such changes.
6.5 The Agent is obliged to keep the confidential their relationship under the Agreement, except the cases expressly stipulated by the laws of the Kingdom of Thailand.

7. Responsibilities of the Parties

7.1. In the event of any breach (non-fulfillment or improper fulfillment) of its obligations under the Agreement by one of the Parties, the Party, which has violated its obligations, is liable in accordance with the laws of the Kingdom of Thailand and the terms of the Agreement.
7.2. Under the non-fulfillment or improper fulfillment of the obligations under the Agreement, in particular, shall ne understood:
7.2.1. For the Agent:
- Provision of an incomplete set of documents approved by the Agent in writing, to arrange the Tour for the Tourist (Tourists);
- Provision of misfiled documents or documents containing false information;
- Late or incomplete payment of the invoices from the Tour Operator;
- Not provided the Tourist (legal entity, Customer) with information on general rules for the sale of the Tour Operator’s Tourist products including information on the terms and conditions of the Tour, including the information specified in cl. 3.4.1 of the Agreement;
- Failure to ensure the existence and the validity of the passport, visa and other documents of the Tourist in accordance with cl. 3.4.2 of the Agreement;
- Other non-fulfillment or improper fulfillment of the terms and conditions hereof. 7.2.2. In the case of simultaneous occurrence of the following circumstances:
- No Cancellation;
- No Payment for the Tourist product by the Agent;
- The Tourist not arrived in the hotel.
The Agent has to reimburse one hundred (100) percent of the losses of the Tour Operator incurred in connection with the abovementioned.
7.2.3. The Agent shall be solely responsible for verifying the existence and correctness of the Tourist’s passport, visa and other documents necessary to enter and leave the country in the amount of losses of the Tour Operator and will cover all the costs that arise or may arise at the Tour Operator in connection with missing or improper prepared such documents.
7.2.4. According to this Agreement the losses have been incurred by the Tour Operator shall be reimbursed in full. Compensation of the Tour Operator’s losses shall be carried out by the Agent on the basis of the invoice that has been issued by the Tour Operator within three banking days from the date of the invoice.
7.2.5. The Agent shall be solely responsible for the conclusion of the Agreement on travel services, the Agreement in favor of a third party without the inclusion of compulsory terms provided in the Appendix №1 to this Agreement, in the amount of damages have been incurred by the Tour Operator and will cover all the costs that arise or may arise at the Tour Operator in connection with the conclusion of these agreements without the inclusion of compulsory terms provided by the Tour Operator.
7.2.6. The Agent as a warrantor together with the Tourist (Tourists, a legal person, the Customer) shall have to be jointly and severally liable for the violation of all financial obligations of the Tourist (Tourists, legal entity, the Customer) arising out of the Agreement on travel services, the Agreement to a third party.
7.2.7. If the Tourist not arrived in the hotel on the date specified in the Agent’s Application, on which the Tour Operator provided Confirmation of the Application, for the reasons beyond the control of the Tour Operator and/or hotel, it shall be considered Cancellation.
7.2.8. For the violation of the Agreement by the Agent the Tour Operator has the right to use such operational economic sanctions as: suspension of the authorities of the Agent to conclude the Agreements on travel services, the Agreements in favor of a third party in the way of suspending acceptance of the Agent’s Application, as all of them so as certain defined by the Tour Operator; to establish unilaterally for the future any additional guarantees to ensure proper fulfillment of the obligations by the Agent; to change the order of payment for the Tourist products, to set for the Agent prepayment for the Tourist products, to limit the amount of the Agency fee.
7.3. For the Tour Operator:
- Failure to send to the Agent the documents necessary to use the Tourist product;
- Not provided or delayed providing the information necessary for the proper execution of this Agreement;
- Other non-fulfillment or improper fulfillment of the terms of this Agreement.

8. Reclamations (claims)

8.1. In the case of claims from the Tourist (the legal entity, the Customer) the Agent shall accept in the proper written form and send with a covering letter to the Tour Operator. The claim must include: surname, first name and patronymic of the Tourist (the name of the legal entity, of the Customer), the period and place of stay within the Tour, the number of the Agent’s Application, and accompanied by the Statement drawn up by the Tourist (legal entity) and an authorized employee of an organization that provides services for the Tourist (legal entity) and signed by the company’s representative of the host in the host country. The claim has to be accompanied by a copy of the document on the Tourist’s (Tourists’, a legal person’s, the Customer’s) payment of the cost of the Tour.
Claims have to be sent to the Tour Operator not later than 14 days after the end of the Tour. Along with the claim the copy of the Agreement on travel services or the Agreement in favor of a third party has to be sent to the Tour Operator, and other documents pertaining of the incident. If claims have been confirmed by the Tour Operator, the representatives of the Parties discuss and make decision on the amount, terms and order of settlement for compensation.
8.2. The Tour Operator considers a claim received from the Agent and provides a response within thirty calendar days of the day of receipt. The received response from the Tour Operator, the Agent sends to the Tourist (legal entity, the Customer) made the claim.

9. Force Majeure

9.1. The Parties shall be released from any liability for failure to fulfill obligations under the Agreement, in the event of force majeure, such as:
- Floods, earthquakes, tsunamis, epidemics and other natural phenomena;
- Fires, explosions, failure or damage to motor vehicles;
- The strike, sabotage, lockout and other unforeseen situations that directly affect the execution of the Agreement;
- Declared or undeclared war, revolution, riot;
- Legal or illegal actions of public authorities.
9.2. The Party, which cannot fulfill the assumed obligations as the result of force majeure, shall notify in writing the other Party about the time of occurrence and termination of such circumstances.

10. Dispute Settlement

10.1. All disputes and disagreements which may arise from the Agreement or connection with it, will, if possible, be resolved through negotiations between the Parties. Under the Agreement measures of pre-trial settlement of disputes shall not apply. When the impossibility of solving, disputes and disagreements referred at the location of the Party (Defendant) to which the claim is filed, in accordance with the current legislation of the country location of the court.

11. Online booking

11.1. The Online Booking System is a booking of travel services by the Tour operator via the Internet. The Online Booking System is at the official website of the Tour Operator: http://sayamaluxury.com/request/.
11.2. The Tour Operator in order of the Agent’s Application up to two working days from the date of signing of the Agreement grants the password and login to access the Online Booking System form, being deemed confidential and not subject to disclosure.
11.3. All the Applications that are sent on behalf of the Agent via online booking system shall be deemed valid orders as if executed in writing with all the provided terms of the Agreement.
11.4. The Tour Operator provides technical support to the Agent’s as to operation of the Online Booking System, an access to the Tour Operator’s price offers as well as to the list of booked services.
11.5. Execution of the Agent’s Applications via the Online Booking System is a must. The Agent’s Application on paper can be applied only in exceptional cases and shall be agreed with the Tour Operator. The Agent’s Application form on paper is available on the official website of the Tour Operator www.sayamaluxury.com. Scan copy of the Agent’s Application on paper, filled in and signed by the Agent’s authorized representative may be sent to the Tour Operator via e-mail, and shall be deemed as submitted original copy by the Agent.
11.6. The Agent guarantees that the Online Booking System will not be used improperly and that it will be operated by a well-trained employee of the Agent’s, competent in the operation of the Online Booking System and having access to it.
11.7. The Agent shall be obliged immediately notify the Tour Operator if it is necessary to change or cancel previously granted login and password.

12. Other conditions

12.1. This Agreement is executed by signing it by the Parties or by joining the Agent to the Agreement, uploaded on the website of the Tour Operator when booking the Tourist product at the moment of acceptance the Agreement by the Tour Operator. By means of joining the Agreement is executed in the way of unconditional consent by the Agent with all the terms and conditions, and such consent shall be requested from the Agent before placing the order on the Tourist Product, uploaded on the website of the Tour Operator in the application form. Booking of the Tourist products cannot be performed without said consent in the set application form. In case of sending by the Agent to the Tour Operator the Agent’s Application and confirmation of such Application by the Tour Operator, the Parties consider this Agreement executed from the date of acceptance of the Agent’s Application by the Tour Operator.
12.2. This Agreement shall come into force upon signature and shall be valid up till 31.12.2016. If any of the Parties within thirty (30) calendar days prior to the expiration of this Agreement notifies in writing the other Party of its intention to terminate the Agreement, the term shall be extended for the next calendar year on the same terms and conditions. The Tour Operator has the right to send the message to the Agent in relation to intention to terminate this Agreement by digital means, having performed regular mailing. Extension of the term of the Agreement on the stipulated terms and conditions can be carried out without limiting the number of times.
12.3. The Parties have agreed that, when signing the appendixes, additional agreements, letters and other documents provided within the Agreement, the Tour Operator may use a facsimile signature of the authorized person with a mechanical copying. The Agent shall also agree that changes to this Agreement can be made unilaterally by the Tour Operator in the way of uploading it on the Tour Operator’s website, by sending e-mail notifications to the Agent’s address specified in this Agreement or via the Online Booking System. Sample analogue of a handwritten signature of the General Manager of the "SAYAMA TRAVEL GROUP CO., LTD." Travel Company
Ms. Valiantsina Malaya is:

12.4. The Parties have agreed to consider all the documents transferred via facsimile or electronic means as the original copies.
12.5. The Parties reserve the right to terminate the Agreement in the event when mutual obligations arising from the Agreement have been performed. The Party initiating termination of this Agreement shall notify the other Party in writing of its intention to terminate the Agreement within a period not less than one month prior to the date of termination of the Agreement. From the moment of a warning notice by the Tour Operator to the Agent, the Agent loses the right to conclude the Agreement on travel services, the Agreement in favor of a third party and the Tour Operator stops accepting the Applications from the Agent.
12.6. Concerning the financial relationship of the Parties the Agreement remains in force until the full settlement between the Parties.
12.7. Upon signature of the Agreement, all prior negotiations, correspondence, preliminary agreements and memorandum of understanding on issues relating to the Agreement shall be void.
12.8. Amendments to the Agreement may be made upon mutual consent of the Parties that shall be executed in the Appendix.
12.9. The Appendices to this Agreement shall be deemed as an integral part hereof, and shall be legally binding if made in writing and signed by the authorized representatives of the Parties and sealed.
12.10. All legal relations arising in accordance with performance of the Agreement and not provided herein shall be governed by the applicable laws of the Kingdom of Thailand.
12.11. If necessary in Section 13 of this Agreement the Agent indicates essential details of its subsidiaries or other separate units that can perform the agent’s activity.
12.12. By signing this Agreement the Agent entitles the Tour Operator to process (collection, recording, accumulation, storage, adaptation, modification, renewal, use and distribution (transfer to the third Parties), depersonalization, destruction) of the personal data of the Tourist that will be transferred to the Tour Operator in connection with or to fulfill of the Agreement. The Agent guarantees that the personal data transferred to the Tour Operator will be received and will be in the use by the Agent legitimately and the Agent will have all necessary legal grounds to transfer the abovementioned personal information to the Tour Operator when the Tour Operator provides the Travel Product for the Tourist. The volume of processing of personal Tourist’s data shall be determined by the Tour Operator in accordance with the purpose of the processing. The Agent guarantees that the Tourist granted the Tour Operator the right to determine the volume personal data processing.
The Agent will indemnify the Tour Operator property damage caused by violations of the Parties of such warranties.
12.13. The Agreement with the Applications executed in Russian and English, in two copies, one copy for each Party, each copy shall have equal legal effect. In case of disputes in English and Russian versions of this Agreement the English version shall prevail.