Transportation Service Agreement

GENERAL CONTRACT No  __
for rendering tourist services

City of Tashkent                                                                                           ___________2010

Joint Venture “SILK ROAD BUS and TRANSPORTATION”, hereinafter referred to as “Service Provider”, represented by Director General Kakhramon Usanov,

AND
__________________________________________, hereinafter referred to as “Customer”, represented by  ______________________________,  entered into the following contract on the following:

1. SUBJECT OF THE CONTRACT

1.1. The Customer purchases and the Service Provider sells and arranges tourist services in accordance with the Customer’s orders.

1.2. Programmes and travel conditions with indicated itineraries, tour dates, number of tourists, cost of services and any other travel terms or conditions shall be agreed upon by the Customer and the Service Provider in writing, by e-mail, fax or other means.

1.3. The services to be rendered to the tourists may include all kind of tourist services agreed upon by the Customer and the Service Provider.

Included but not limited may be the following services:

• airport/hotel/airport transfers;
• other types of transfers;
• hotel accommodation;
• meals;
• transportation services for trips and sightseeing;
• local guide services;
• escort guide services throughout the itinerary;
• sightseeing at tourist attractions;
• other tourist services.

1.4. The request for tourist services is considered valid if it is made by the Customer in writing (fax copy) and is confirmed by the Service Provider in writing (fax copy).

2. PRICES AND TERMS OF PAYMENT

2.1. The prices for tourist services shall be calculated in US dollars and shall be agreed upon and approved by the Customer and the Service Provider in accordance with Addendum 1 to the present contract in the process of correspondence on each programme prior to the tourist group arrival.

2.2. All payments under the present Contract shall be made in national currency (soum) at the exchange rate established by Central Bank of the Republic of Uzbekistan on the date of payment. The Customer shall effect a prepayment of the cost of the ordered services by transferring to the Service Provider’s bank account of 100% of the cost of the services not later than 10 days prior to the start of the tourist services.
2.3. Either party to the present contract is entitled to obtain a settlement of accounts report.  The party which is requested to prepare such a report shall have no right to back out.
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3. PARTIES’ LIABILITIES

3.1. The Customer undertakes:

i) to timely and fully provide the Service Provider with all the necessary information  for arranging tourist services;

ii) to inform the Service Provider on number of tourists and the start date of the tour;

iii) to provide the initial information on required tourist services not later than 15 days prior to the tourist group arrival;

iv) to timely inform the Service Provider about any changes and cancellations.

3.2.  The Service Provider undertakes:

i) to ensure the fulfillment of tourist services in accordance with programmes and terms agreed upon and approved by the parties;

ii) to organize specified tourist services in Uzbekistan in accordance with the Customer’s order.

4. VEHICLES OPERATING CONDITIONS DURING TOURIST TRANSPORTATION SERVICE PROVISION

4.1. Subject to the type of the tourist transportation services, the rental hours of a motor vehicle under this Contract shall be the following:

• within the city: from three to ten hours;
• out-of-town trips:  up to sixteen hours;
• airport or railway station transfers: not less than 3 hours;
• the rental hours of the vehicle to be paid for by the Customer are calculated from  the moment the motor vehicle leaves the garage to provide the services ordered by the Customer up to the moment this motor vehicle returns to the garage after completion of the services.   

4.2. The Service Provider undertakes:

• to provide the Customer with requested type of  a motor vehicle in proper operative condition, and proper sanitary-hygienic conditions of the  passenger compartment;
• to provide tourists with high level of services;
• to ensure passengers’ safety as well as safety of transported luggage while driving;
• to coordinate the vehicle operating schedule with the drivers’ working schedules (meal times, overnight’s rests, parking of the motor vehicles during drivers’ off-duty period);
• to provide the motor vehicles with fuel sufficient  to perform the services ordered by the Customer;
• to arrange within the shortest time possible and without extra charges the replacement of the vehicle technically broken down during transportation service performance.

4.3. The Customer undertakes:

• to place the order for the tourist transportation services not later than ten days prior to the tour start date;
• to update the Service Provider on the requirements for the tourist transportation services  not later than three days prior to the tour start date; 
• to formalize all the necessary documents for tourist transportation services in conformity with the effective regulations;
• to allow the driver time for meal breaks (one-hour break on  8-hour trips and 1.5- hour  break on  longer trips);
• not to demand that the driver of the motor vehicle should drive into, stop or park  in the places prohibited by traffic regulations;
• to use the motor vehicle for the purpose of tourist transportation services ordered, without the right to transfer this motor vehicle to other persons;
• to arrange proper conditions for driver’s rest, overnight sleep and meals.

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5. PARTIES’ CONTRACTUAL RESPONSIBILITIES

5.1. It’s the Customer responsibility to ensure that his tourists are covered by health and casualty insurance for the period of their traveling in Uzbekistan.

5.2. Should a tourist or a group of tourists refuse any service under the programme agreed upon by the parties before the completion of the tour due to the reasons beyond the Service Provider’s control, the latter is not liable to compensate to the Customer any losses or damages incurred by this tourist or group of tourist as a result of service refusal.

5.3. Damage to citizens or public properties caused by tourists during their travel in Uzbekistan shall be reimbursed by the person responsible for the infliction of this damage.

5.4. Neither party is entitled to transfer its rights and obligations under the present contract to a third party without the other party’s written consent.

6. SPECIAL TERMS

6.1. In case of tour cancellation or substantial changes of previously agreed terms and conditions the Customer and the Service Provider shall immediately inform each other on such cancellation or changes.

6.2. Tour cancellation terms:

i) The Customer is entitled to cancel the tour or to defer the date of the tour not later than 10 days prior to the start date of tourist service provision. In this case the Service Provider shall refund to the Customer the sum paid by the Customer for the tour.

ii) Should the Customer cancel the tour or defer the date of the tour less than 10 days prior to the start date of tourist service provision, the Service Provider shall refund to the Customer
50% of the sum paid by the Customer for the tour or the Customer shall pay to the Service Provider 50% of the cost of the tour.

iii) In case of inability of a tourist or group of tourists to continue the tour after the start of the tour, the Service Provider is not liable to refund the cost of the prepaid services.

6.3. For any non-fulfillment of the tour programme the Service Provider bears responsibility stipulated by the legislation of the Republic of Uzbekistan.

7. FORCE-MAJEURE

7.1. Should any circumstances arise which prevent the complete or partial fulfillment by either party of their respective obligations under this Contract, namely fire, natural disasters, blockade, or any other circumstances beyond control of the Parties, the time stipulated for the fulfillment of the obligations shall be extended for a period equal to that during which such circumstances and their consequences will remain in force.

7.2. The Parties are relieved of responsibility for partial or complete non-fulfillment of their obligations under the present Contract if such non-fulfillment results from Force Majeure circumstances

7.3. In case of tour cancellation due to force-majeure circumstances the Service Provider shall return to the Customer the sums previously paid for the tour. In this case any expenses incurred in relation to tour arrangement shall be covered by each party independently.

8. CONTRACT VALIDITY

8.1. The present contract comes into force as of the date it is signed by both parties and is valid until _________________. The contract is automatically extended if one month prior to contract expiration neither party notifies the other party in writing of its intention to terminate this contract

8.2. In case either party intends to terminate the present Contract before contract expiration it shall notify in writing the other party of its decision one month prior to claimed date of contract termination.

9. GENERAL PROVISIONS

9.1. Any disputes which can arise between the parties out of or in connection with the fulfillment of the present contract shall be settled by negotiations. Should the parties fail to reach agreement on controversial points, the matter at issue shall be arbitrated at Tashkent Economic Court.

9.2. Any amendments and addenda to this contract shall be made in writing and signed by representatives of both contracting Parties. Any amendment or addendum shall not be valid unless it is sent (received) by fax and confirmed with the company seal of the receiver.

9.3. The present contract is made in two copies. Both copies are identical and equally valid.

9.4. The present contract duly signed and received by fax and confirmed with company seal of the Service Provider is considered the original.

LEGAL AND BANK ADDRESSES OF THE PARTIES:

Agreement	Addendum № 1	Addendum № 2
Addendum № 3	Addendum № 4	Addendum № 5
Addendum № 6	All documents in one archive