Terms and Conditions of Wowidays Hospitality and Tourism Pvt Ltd:

WHEREAS:—
(a) The Franchiser is engaging business of Tourism, Holidays, Travel, MICE, Hospitality and other provision of services in connection therewith Tourism and leisure activities and articles of all kinds for travellers or tourists and general travel passenger, tourist and transport agents and contractors, organizers of travelling packages, throughout the world. (Please check the service area)
(b) Pursuant to the discussion between the parties, the Franchiser wishes to appoint the Franchisee as the Franchisee for the sale and services of Tourist Holidays Packages of the Franchiser and other products as per annexure “A” to be offered for the travel passenger by Franchiser under the brand name of “WOWIDAYS” in _________ region only.
(c) Franchisee is willing to act as the Franchisee for sale and services of Tourist Holidays Packages and other products as per annexure “A” to be offered for the travel passenger, MICE or prospective customer by Franchiser under the brand name of “Wowidays” in the ____________________ region on the specific terms and conditions appearing hereinafter.

IT IS HEREBY AGREED AND RECORDED AS FOLLOWS:—

1. The Relationship between Franchiser and Franchisee shall be solely that of the “franchise relation” to the extent of this agreement only and Franchisee shall have no right or authority to create or assume any obligations or responsibility of any kind in the name of or on behalf of Franchiser. Franchisee shall not have any right to represent Franchiser for any purpose whatsoever unless otherwise agreed to in writing on a case-to-case basis.
2. The Franchisee shall find a suitable office premises not less than admeasuring of 250 sq ft, in the prominent part of the city and furnish the office as per the suggestion and supervision of the Franchiser exclusively for the brand of ‘Wowidays”. The Franchisee shall be borne all expenses such as office rent, salaries, incentives, electricity, interior charges, maintenance, property taxes etc for running of the said office. The Franchisee shall recruit the staff, training will be provided by the franchiser.
3. Franchisee shall book all the bookings within the time frame stipulated for each tour to allow ample time to process tickets, visa etc. and Franchisee shall collect all the relevant necessary documents for obtaining VISA/ IMMIGRATION formalities at the time of booking from the client and submit to the respective or designated teams of franchiser accordingly.
4. Franchisee shall book all the bookings by collecting the booking form duly filed and signed by the client and collect all the payments by Cheque or Demand Draft or online payment in the name of Wowidays Hospitality and Tourism Private Limited payable at ____________ and if any cheque / online payment are/is collected other than in the name of the Wowidays, it is considered as a material breach of agreement.
6. The initial period of the present arrangement shall be for a period of 3 years commencing from __________year______ and expiring on __________year____. If not terminated, after expiry of the above period the agreement will stand extended for a further period of 2 years with the mutual understanding and terms of the deposit may be decided between the franchisor and franchisee.
7. The Franchiser will do the branding of the office of the franchisee and provide marketing material such as brochures and flyers for advertising, publishing, and popularizing the product in its local territory and to maintain uniformity in the advertisements and the name of the Franchiser in the relevant Local & National advertisements. The Franchiser shall also provide design advertisements commercials and logos at the cost of Franchiser.
8. The Franchisee shall pay an interest-free refundable deposit of the sum of Rupees _____________________________ (Rs.___________/-) and a Non-refundable fee with 18% GST of the sum of Rupees ___________________________________ (Rs.______________/-) without any interest to the Franchiser. Upon the termination or expiry of this Agreement, the Franchiser may return the refundable deposit after deduction of the dues, if any, to the Franchisee within 6 months from the date of the termination.
9. The franchisee will pay to its staff salaries and incentives/commission, phone bills, and all other expenditures.
10. The Franchiser will pay the Franchisee commissions (the commission structure is mentioned in Annexure A) on total net revenue excluding travel ticketing amount (after deduction of any applicable taxes) generated by Franchisee every month by the 10th day of the next month after deducting TDS, GST, and other taxes as applicable. The Franchisee commission will not be paid for the cancellations/losses, if any.

11.PROHIBITION:

(a) The franchisee will at no time claim any right, title, and interest on the mark/name/brand “WOWIDAYS HOSPITALITY & TOURISM PRIVATE LIMITED” as the same is the exclusive ownership of the Franchiser.
(b) The Franchisee will only sell and service the products/packages offered for travel passengers or M.I.C.E by Franchiser “WOWIDAYS HOSPITALITY & TOURISM PRIVATE LIMITED”and shall not directly or indirectly deal with any other tours and travel products, M.I.C.E, packages, and related services.
(c) The Franchisee will not do any acts, deeds, things, etc., whereby the name and goodwill of the Franchiser is disturbed and/or affected and/or degraded in any manner but will always promptly and diligently take all steps and measures to protect and safeguard the Franchiser’s said mark/name/brand “WOWIDAYS HOSPITALITY & TOURISM PRIVATE LIMITED” and Franchiser’s goodwill and reputation attached thereto.
12. Franchisee shall regularly furnish information and reports such as sales, inventory, market conditions, and any other available information to the Franchiser. Franchiser shall have the right to inspect the office maintained for the Franchiser’s Tourist Holidays Packages and other products as per annexure “A” by the Franchisee with regards to the quality of the pitching/presentation/promotion of Tourist Holidays Packages and other products as per annexure “A”, provided by the Franchisee. Franchiser also shall have the right to inspect the relevant books and all other records maintained by the Franchisee.
13. Advertisement and promotions:-
(i) Advertise and promote the business within the locality with advertising material that has been provided or supplied by the franchisor alone.
(ii) All kinds of advertisement and promotional activities are strictly as per the written approval and consent of the Franchiser alone.
14. Franchisee hereby acknowledges that any and all patents, utility models, trademarks, designs, intellectual properties, and any other marks used or embodied in the product/packages shall remain the sole property of the Franchiser. Franchisee shall not use directly or indirectly in part or whole Franchiser’s patents, utility models, trademarks, intellectual properties, designs, and any other marks except in the manner and to the extent the Franchisee expressly consents in writing.
15. The Franchisee shall not transfer or assign any rights derived under this agreement to any third party without the prior consent of the Franchiser.
16. Design & price of the product: The Franchiser alone has all the power to design, modify, and withdraw any product from the market at any point in time and fix the price of the products and services. The Franchisee shall not raise any dispute at any point in time in this regard.
17. Franchisee shall be solely responsible and comply with all statutory obligations under various applicable labour laws & other laws, if any.
18. The Franchiser shall have all rights to allot fresh franchisees in the same city or locality; however, the Franchiser shall not grant any other franchisee within a 5 KM radius of the existing franchisee.
19. Franchisee shall put up the “WOWIDAYS HOSPITALITY & TOURISM PRIVATE LIMITED” name board on its outlet/office as per the logo provided by the Franchiser.
20. The Franchisee hereby undertakes and covenants with the Franchiser that during the validity of this Agreement or thereafter for a period of 1.5 years from the termination of this Agreement, he/she/they or his/her spouse shall not start a similar kind of business or shall have any business association with the competitor of the Franchiser under any circumstance.
21. Termination by Franchiser in the following circumstances:-
(i) if the Franchisee makes or attempts an unauthorized assignment of the Franchise right, any rights derived under this agreement to any third party without the expressed consent of the franchiser herein.
(ii) Any violation of the terms and conditions of this Agreement or breaches of any obligation imposed under this Agreement or any other act which may adversely affect the business interest of the brand and franchiser.
(iii) Suppression of any financial information or sales report or diverting of customers to any other service providers and failure to provide accounts, financial details, etc., for the purpose of auditing or verification if required.
(iv) Sales or marketing of any other service or product which is not approved by the Company/brand/Franchiser or offering/selling any product of the company beyond or violating the sale policy of the companies.
(v) Failure to pay any amount dues under this Agreement to the Brand/Franchiser or any other supplier or any third party or statutory authority.
(vi) Any material violation of the Agreement.

22. In the event of termination:—

(a) The Franchisee shall immediately from the date of termination, directly or indirectly stop using the word/name/mark “WOWIDAYS HOSPITALITY & TOURISM PRIVATE LIMITED” or any similar name resembling “WOWIDAYS HOSPITALITY & TOURISM PRIVATE LIMITED” as to be likely to cause confusion or deception in any manner including the using for its trade name.
(b) The Franchisee shall accordingly change the names of the offices.
(c) The Franchisee shall make forthwith payment of all the dues payable to the Franchiser as recorded herein.
(d) The Franchisee shall withdraw and deliver to the Franchiser all advertising material and other documentation relating to the business, trade name/mark of the said Tourist Holidays Packages and other products as per annexure “A”.
(e) Franchiser returns of the Refundable deposit, after any deduction if applicable.
23. Indemnity: The Franchisee shall keep the Franchiser fully indemnified and harmless against any loss or liability, cost or claim, action or proceedings, that may arise out of the Franchisee’s conduct of the Business with its customers and third parties or any breaches of the terms and conditions of this Agreement by the Franchisee.
24. In the event of any disputes and differences between the parties, the courts at Hyderabad alone shall have jurisdiction to try and entertain the same.
25. If any dispute or difference arises between the parties hereto or their respective successors in interest as to the meaning or interpretation of a term of this agreement or as to the mutual rights and obligations arising out of this agreement or as to any claim by one party against the other or otherwise howsoever, the same will be referred to a sole arbitrator to be appointed by the Chief Executive Officer of THE FIRST PARTY, and Arbitration proceedings will be as per the Arbitration and Conciliation Act, 1996. The Place of the Arbitration will be at any place as mutually agreed between the Parties.