Welcome to Yatradham Partner Portal

TRAVEL AGENT AGREEMENT CUM TERMS AND CONDITIONS

This Agreement is made and entered into by and between :

Yatradham e-services Private Limited (YDESPL)
(Hereinafter referred to as “YatraDham,” “Platform,” “Company,” or "We")
A company incorporated under the laws of India.

And

The Client
(Hereinafter referred to as “Agent,” “Agency,” “Travel Agent,” “Tour Operator” or “You”)
A company/entity/person registering on the YatraDham Agent Portal.

1. Definitions

• Platform: The YatraDham web or mobile application through which YatraDham offers its Services.

• Agent: The individual or entity that registers on the YatraDham agent portal and agrees to the terms and conditions specified in this Agreement.

• Services: Travel products offered by YatraDham, including accommodation bookings, transportation, tours, holiday packages, puja booking etc.

 2. Appointment as an Authorized Agent

2.1 YatraDham Appointment
YatraDham hereby appoints the Client as a non-exclusive, authorized agent to access and utilize the YatraDham platform to promote and sell travel-related products and services to its customers.

2.2 No Exclusivity
The Agent understands and agrees that this appointment is non-exclusive, and YatraDham may appoint other agents/partners during the term of this Agreement.

3. APPOINTMENT, DURATION, QUALIFICATION AND TERMINATION

3.1 YDESPL agrees to appoint the CLIENT to provide services as described by our executive and on our portal. This is a commission-based model, subject to the terms and conditions specified for each product. The CLIENT is responsible for reading, understanding, and selling these services to their customers using their own skills and abilities.

3.2 This Agreement shall come into force on the date of registration and approval by our executive. YDESPL reserves the right to terminate this Agreement without notice in the event of any violation of its terms and conditions.

3.3 This is a commission-based agreement. Each customer must receive an original voucher issued by YatraDham.Org. No additional charges are to be collected from the customer by the CLIENT under any circumstances.

4. CLIENT REGISTRATION AND ACCOUNT:

4.1  The Client must be a registered travel agency, tour operator, or similar business entity with valid licenses and permits required by law in their operating jurisdiction. Proof of business registration is required.

4.2  The Client will fill out the online registration form directly on the Client Portal and submit it electronically. YDESPL Agent Team, will then assess the details, and grant you a registration confirmation & login credentials via email. YDESPL reserves rights to decline any registration application at its sole discretion.

4.3  The Client once registered shall securely maintain confidentiality of their login credentials and take on us for all activities under their account and manage the account. Any unauthorized use/security breach of the said Client Portal shall be reported immediately to YDESPL.

4.4  The Client indemnifies YDESPL, against any or all claims, demands, losses, etc. that may arise owing to any unauthorized/misuse during the use of the Client Portal (by themselves or any sub-agent) provided to them by YDESPL.

4.5  The Client is responsible for keeping their account active and all information up to date. Any changes to business details must be promptly updated on the portal or notified to YDESPL.

5.   Commission Structure & Payouts:

5.1  Commission Rates: YatraDham will provide the Agent with a clear commission structure, detailing the percentage or fixed amount of commission payable on eligible bookings. This structure may vary based on property type, destination, booking volume, or promotional offers.

5.2  Eligibility for Commission: Commissions are earned only on confirmed and successfully completed bookings for which YatraDham has received full payment.

5.3  Commission Payout: Your commission will be automatically deducted at the time of booking, and the remaining amount will be reflected in your payment options.

5.4  Adjustments: YatraDham reserves the right to adjust or reverse commissions in cases of booking cancellations, no-shows, modifications that reduce the booking value, or fraudulent activities.

5.5  Taxes: The Client is solely responsible for all applicable taxes on their earned commissions as per the prevailing laws of their jurisdiction. YatraDham will comply with all tax deduction at source (TDS) regulations as applicable.

6.   Scope of Services & Booking Process:

6.1  Property Access: The Agent will be granted access to book properties (rooms, halls, dormitories, etc.), puja and packages etc made available by YatraDham on the Agent Portal and during the agency conversation committed by our executive. The availability of properties may vary based on agreements with individual property owners.

6.2  Booking Authority: Agents are authorized to make bookings for available properties on behalf of their clients. Before finalizing any booking, agents must ensure they review and understand the specific terms and conditions of the respective property.

6.3  Right to Refuse Booking  : All bookings are subject to on-site availability and will be confirmed based on the options available at the time. In rare cases, due to unforeseen circumstances or specific reasons, the property or service provider may refuse to confirm a booking. In such cases, YatraDham will offer the client/user/customer alternative available options or a refund. The customer must agree to one of these options before we proceed further. Once the customer confirms their choice, we will take the necessary action and provide an update accordingly.

6.4  Booking Confirmation: Bookings are considered confirmed only upon receipt of a confirmation voucher from YatraDham, usually sent via email and/or WhatsApp.

6.5  Pricing: All pricing displayed on the Agent Portal will be the net rate or the commissionable rate, clearly indicating the base price and any applicable taxes or service charges. 

6.6  Payment Procedure: The Agent must adhere strictly to the payment procedures specified by YatraDham. This may include advance payment, payment gateway integration, or other agreed-upon methods. YatraDham reserves the right to charge fees for transactions or services, which may be altered from time to time with notice.

6.7  Guest Information: The Agent is responsible for providing accurate and complete guest information for each booking, including names, contact details, and any special requests.

6.8  Third-Party Terms: The Agent acknowledges and agrees that bookings are also subject to the terms and conditions of the individual properties and any third-party service providers (e.g., payment gateways).

7.   CANCELLATIONS, MODIFICATIONS, AND REFUNDS

7.1 Cancellation Policy:
All bookings are subject to the cancellation policies of the respective properties and/or YatraDham so must be verified via yatraDham.Org Portal. These policies will be clearly communicated to the CLIENT and end customer at the time of booking.

7.2 Agent’s Responsibility for Cancellations and Modifications:
The CLIENT (Agent) is solely responsible for initiating any cancellation or modification requests, either through the Agent Portal or by contacting YatraDham support team. Failure to follow the proper process may result in delays or denial of such requests.

7.3 Refunds:
Refunds, where applicable, will be processed in accordance with the applicable cancellation policy. Please note that convenience fees and other service charges may be non-refundable. Refunds may take a specified number of business days to reflect, depending on the payment method and banking processes.

7.4 No-Shows:
In cases where a guest fails to arrive at the booked property without prior cancellation, the booking will be treated as a "no-show." No refunds shall be issued in such instances.

7.5 Complaint Regarding Non-Provision of Services

Instances of non-provision of services are exceedingly rare. Nevertheless, should such an issue arise, YatraDham will make every reasonable effort to support the CLIENT in resolving the matter, with the objective of ensuring customer satisfaction and upholding the trust of both the CLIENT and the end user.

To facilitate effective resolution, the CLIENT is required to report any such complaints to YatraDham within 2 to 3 days from the check-in date. The complaint must be accompanied by all relevant evidence and comprehensive details of the issue.

Please note that YatraDham does not guarantee any specific refund in such situations. Any refund or compensation, if applicable, shall be determined based on the circumstances of the case, the respective responsibilities of the parties involved, and the updates received from the concerned property or service provider.

8. DISCLAIMERS AND LIMITATION OF LIABILITY

8.1  "As Is" Basis: The YDESPL Agent Portal and services are provided on an "as is" and "as available" basis. YDESPL makes no warranties, express or implied, regarding the availability, accuracy, or reliability of the portal or services.

8.2  Internet Risks: YDESPL shall not be held responsible for the unavailability of the Agent Portal due to periodic maintenance, technical reasons, or any other reasons beyond YDESPL's control.

8.3  No Guarantee of Bookings/Earnings: YDESPL does not guarantee any specific volume of bookings or earnings for the Agent.

8.4  Limitation of Liability: In no event shall YDESPL be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or goodwill, arising out of or in connection with this Agreement or the use of the Agent Portal, even if YDESPL has been advised of the possibility of such damages. YDESPL's total liability under this Agreement shall not exceed the total commission earned by the Agent in the preceding six (6) months or INR 25,000/-, whichever is lower.

9.  OBLIGATION OF CLIENT

9.1  The Client is under obligation to comply with all applicable local, national, and international laws, rules, and regulations in their course of operations.

9.2  The Client must conduct business ethically and responsibly, refraining from any fraudulent, misleading, or deceptive practices, and take onus for all their act/omissions/ignorance whatsoever.

9.3  Clients are not permitted to charge the final consumer any money/charges/etc. more than the nett rate given by YDESPL. In case any client/agent collects an additional amount from a customer, they must provide the customer with a separate voucher and inform them accordingly. YDESPL will not be held responsible for any service or conflicts arising from such practices.

9.4  Client is primarily responsible for providing front-line customer support to their customers regarding bookings made through the portal. YDESPL will provide support for technical issues related to the portal and escalated booking issues.

9.5  The Client shall not use the Agent Portal for any illegal, unauthorized, or unethical purposes, including but not limited to:

• Reselling bookings of the said properties at excessively inflated prices.

• Engaging in any form of spamming or unsolicited marketing.

• Attempting to gain unauthorized access to the portal or YDESPL’s systems.

•  Violating any intellectual property rights of YDESPL’s or its partners.

9.6  The Client obliges to confirm with the customers their agreement to following prescription/restrictions, prior to placing their booking request for confirmation so prescribed by certain properties such as:

•  "Unmarried couples not allowed,"

• "Night check-in not allowed after a specific time."  

• "Only gents not allowed."         

• "Only ladies not allowed," or   

• "Single guests not allowed."  

These restrictions are clearly stated in the "Special Notes" and "Terms & Conditions" sections on each property page. It's crucial to ensure customers are aware of and confirm with all the terms of bookings and that clients/agents/sub-agents make their bookings accordingly.

10.  INTELLECTUAL PROPERTY AND CONTENT

10.1   Each Party acknowledges and agrees for all purposes that all Intellectual Property Rights associated with all the stakeholders, Party or the Party’s services, products, literature, promotional materials or otherwise, whether or not registered, constitute the Party’s respective exclusive property. Unless specifically provided for herein or otherwise in writing (or with express consent), neither Party will adopt or otherwise use any trademark, trade name, service mark, logo, or symbol that is similar to, or likely to be confused with, any of the other Party’s marks.

10.2   Neither Party shall acquire any interest or rights whatsoever under this Agreement in any Intellectual Property Rights belonging to the other Party.

10.3   Parties unconditionally agree to cease & desist from using any/all trademarks which are now owned/licensed to them, or not permitted for use in writing to them by the owner/proprietor of the said trademark.

11.  INDEMNIFICATION

11.1  The client agrees to indemnify, defend, and hold harmless YDESPL and its affiliates, their websites/portal, and their respective lawful successors and assigns from and against all losses, liabilities, claims, damages, costs, and expenses (including reasonable legal fees and disbursements) arising from:

• The client's breach of these T&C.

• The client's negligence or wilful misconduct.

• Any claims made by the client's customers related to bookings or services provided by the client.

• Any violation of applicable laws by the client. 

12.  SERVABILITY, GOVERNING LAW, AND DISPUTE RESOLUTION

12.1  This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and supersedes all previous/future written or oral representations, agreements, and understandings between the parties, whether expressed or implied.

12.2  This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment.

12.3  Neither party will be liable for delay/default/inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party’s reasonable control.

12.4  If any provision of this Agreement shall be held or made invalid/void/voidable/unenforceable by a court decision, statute, or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.

12.5  This agreement shall be governed by and construed in accordance with the laws of India.

12.6   Except in case of payment obligations, no Party shall be liable to the other, nor be in default if, and to the extent, that the performance or delay in performance of any of its obligations under this Agreement is prevented, restricted, delayed, or interfered with due to a Force Majeure Event. The Party so affected shall use its best efforts to remove the cause of non-performance, and the Parties shall resume performance hereunder with the utmost dispatch when such cause is removed.

12.7 Any dispute arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts in Bhavnagar, Gujarat, India. 

13.   Term of Termination:

13.1  Term: This Agreement shall commence upon the Agent's successful registration and activation of their account and shall continue until terminated by either party.

13.2  Termination by YatraDham: YatraDham reserves the right to suspend or terminate the Agent's account and access to the Agent Portal immediately, without prior notice, if the Agent breaches any of these Terms and Condition, engages in fraudulent activity, or for any other reason at YatraDham sole discretion.

13.3 Termination by Agent: The Agent may terminate this Agreement by providing written notice to YatraDham.

13.4   Effect of Termination: Upon termination, the Agent's access to the Agent Portal will be revoked. Any outstanding commissions will be processed according to the payout schedule, subject to any deductions for liabilities or breaches.

Important Considerations for YatraDham.Org:

• Specific Commission Details: Clearly define the commission percentages or fixed amounts for different property types or booking values.

• Payment Terms: Detail the payment cycle (e.g., weekly, bi-weekly, monthly) and the minimum payout amount for commissions.

• Support & Escalation: Clearly outline the support channels for the clients  and the escalation matrix for issues.

• Marketing Guidelines: If agents are allowed to use YatraDham branding or content, provide clear guidelines for usage to ensure brand consistency and avoid misrepresentation.

• Cancellation Process within Portal: Ensure your B2B portal has a clear and functional process for agents to initiate cancellations and modifications, mirroring the customer-facing cancellation policy.

• Reporting: Consider providing agents with access to a dashboard that shows their bookings, commissions earned, and payout status.

• Review and Legal Counsel: It is crucial to have these Terms and Condition reviewed by legal counsel specializing in commercial and travel law to ensure they are legally sound, enforceable, and protect YatraDham interests.

By implementing a clear and comprehensive set of Terms and Condition , YatraDham.Org can establish a strong and mutually beneficial relationship with its B2B travel agent partners.