3/10/2008
Kontenjan Anlaşması Örneği - Devamı
7. INVOICING AND PAYMENTS
a) Hotel will invoice the operator after each arrival. This will include the guest’s name, arrival and departure dates and the net amount due. The voucher or rooming list will be attached.
b) All invoices are due and payable upon receipt, and not later than (14) days from date of invoice. In case of disputed items, the operator shall pay the undisputed portion of the billing within the aforesaid time limit, notifying hotel in wrting of the nature of the dispute.
Any possible deduction, for whatever reason that, the operator intends to effecet to any particular payment must be previously authorized,in writing, by the hotel
otherwise the deduction will not be valid. The non-fullfilment of this clause will signify the authomatic cancellation of this contract.
c) All invoices should be send to .........................................................................................................
Operator Controller / Accounting Department Contact:
Name: Phone: (0...) .......... Fax: (0...) ..........
d) Payments are to be made to: .............
e) ADVANCE PAYMENT:
A deposit for the amount of .................................... is to be paid by the operator before or on .......................................... a) This deposit will be deducted from invoices, starting on ................................. at a ......................% from invoice total amount or b) This deposit will be released only on the date of payment of the last invoice.
f) OCCUPANCY GUARANTY
The operator guarantees a ..................% of monthly occupancy of the total allotment and for the whole duration of the season. The penalty for rooms not occupied will be the dbl room rates of the related period and payable at the end of each month.
8. CANCELLATIONS AND NO SHOWS
a) The operator will pay a room-night rate for cancellation received less then seven (7) days before arrival date.
b) For no show the operator will pay a sum equal to two (2) room nights.
9. BOARD
Board s specified overleaf. The hotel will invoice on a basis of complete service according to board in such a way that any services not given either upon arrival or departure of the respective client/s will not be deductable.
10. FORCE MAJEUR
In case of Force Majeur (e.g. war, strikes, epidemics, fire and natural catastrophes) this contract shall be suspended until further notice.
11. CLIENTS CLAIMS
a) Any possible discounts or deductions due to complaints or claims from clients must be established by mutual agreement between the operator and the hotel or if this shoul fail, by the appropiate judicial entity or tribunal.
b) In accordance with the rules relating to package holidays, stipulated by the board of directors of the European Common Market of 13.06.90. refunds will not be applicable for clients who complain of deficiencies in the services offered by the establishment in which they are accommodated, unless the client (or his representative/ tour guide) has reported these deficiencies during their stay to the management of the establishment concerned. The manager of the establishment must have proof of this report to which he will have given his approval.
c) In order to produe a negotiation and reach an agreement between the operator and the hotel, it is absolutely essential that the claim should be presented, in writing, to the hotel management during the client’s stay. Any retention or discount effected unilaterally by the operator without taking into consideration the aforementiond agreement will be considered as breach in the payment obligations on behalf of the operator and will give the hotel the right to automatically cancel the contract.
12. CONFIDENTIALITY
This agreement in whole is confidential, therefore, the operator will not disclose any part to third parties. Should this happen and proved, hotel will automatically cancel the agremeent.
13. EXCLUSIVITIES
The hotel does not conceed exclusivity within the country indicated to the tour operator mentioned overleaf and the Touristic Establishment therefore has the right to contract out beds to other tour operators who would be entitled to sell them in the same market.
14. HOTEL’S RESPONSIBILITY
The hotel will provide the operator’s clients with the proper services in accordance with it’s category. At the same time, if the hotel, due to causes beyond it’s control, could not accommodate a client having the corresponding reservation, it will be provide accommodation in another hotel of the same or of a superior category, the difference in price, if any, beeing at the charge of the hotel.
15. LIABILITY
The hotel will accept liability for the damages that may be caused to the clients by their employees. The clients (tourists) will be individually responsible for the damages that, they themselves may cause and in such cases subject to Turkish laws.
16. AMENDMENTS TO THE AGREEMENT
Any amendments relating to this contrat shall be carried out by mutual agreement and always in writing. Any clausses not affected by the relative amendments will remain in full force.
17. SIGNING OF THE CONTRACT
If within a period of 30 days, the contract has not been signed and sent back by the other contracting part, the hotel may consider the contract as null and void and will dispose of the assigned quota.
18. CANCELLATION OF THIS CONTRACT
a) The allotment contracted in accordance with this contract can be cancelled by the agency always and when the hotel is informed in writing 90 days prior to the initiation date of the contract as laid-down in clause number 1 overleaf, any cancellation effecte outside the stipulated period or in case not publishing the hotel in the operator’s main brochure will entitle the hotel to an indemnification equivalent to 50% of half of the total possible invoicing with regard to the allotment laid-down in the contract.
b) Subragation: The operator explicitly recognises the “Hotels” right to cancel this contratc with 90 days prior notice in the event of transfer, lease or any other legal operation that effects the establishment object of this present contract.
19. PLURALITY OF CONTRACTS
In Case of disagreement with regard to any clause/s as laid-down either in this present contract and/or in any other document duly signed by both parties hereto and within the validity period thereof, this present agreement shall prevail above all others. The sole present document shall be considered as law.
20. ROCOURSE TO THE COURTS (LAWSUITS)
Failing amicable arrangements, the courts of Istanbul – Turkey shall be exclusively and expressly competent.
FOR THE HOTEL FOR THE OPERATOR
(Signature & commercial stamp)
Made in two originals on: ....................

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