WHEREAS, IN CONSIDERATION of the promises and mutual covenants and agreements contained herein, the parties agree as follows:
1. Services: Independent Contractor.
1.1 Services. The Company shall provide vendor contacts, resources, training, and support for the Agent to sell cruises, tours, and vacation packages, including ancillary products related thereto, as more particularly described herein.
(a) Agent shall use the Company’s name, the specific credential required by the vendor as listed on such vendor’s supplier information page (available after logging into the CRM), and Agent’s name when booking travel for Agent’s clients. The Agent shall also use the Company’s Seller of Travel number (and all similar numbers) when required. All payments must be routed through the respective vendor and submitted to the Company as described herein. Note that the Company reserves the right to approve or disapprove all sales of cruise lines, tour operators, consolidators, etc. within forty-eight (48) hours of the Company’s receipt of the required reservation booking information.
(b) The Agent shall be responsible for making all Bookings for its clients directly with the travel vendors either electronically or telephonically. WHEN DEALING WITH VENDORS, THE AGENT MUST IDENTIFY ITSELF AS AN AGENT OF THE COMPANY AND PROVIDE THE AGENT’S FIRST AND LAST NAME, THE NAME OF THE COMPANY (GOOD LIFE TRAVEL BY DANIELLE), AND THE TELEPHONE NUMBER OF THE COMPANY (281-819-4538) OR IATAN CREDENTIAL AS SUPPLIED ON THE SUPPLIER INFORMATION PAGE AS REQUIRED FOR THAT VENDOR WHEN MAKING BOOKINGS, PAYMENTS, CHANGES, CANCELLATIONS, ETC.
(c) It is the responsibility of the Agent to make the reservations for its clients and immediately submit a reservation form electronically to the Company through the CRM as designated by the Company. A forty-eight (48) hour window is suggested if not immediately after booking so that the reservation is logged in case the supplier contacts the company regarding users with the booking related to fraud or other concerns. It is also the Agent’s responsibility to ensure all required information regarding all bookings reaches the Company in a timely manner as described herein. The Company assumes no responsibility for the consequences of booking information submitted incorrectly or outside the timely manner described herein. The Company reserves the right to retain commissions but logged that have been received but suppliers to cover research costs incurred by the Company and the time it takes to log the booking in the system to appropriately document with docs and experiences and . In no event shall any bookings submitted after the date of travel or for which commission research is requested more than one (1) year from the travel date be commissionable to the Agent.
(d) Any changes that occur after the original reservation must be submitted electronically or telephonically to the vendor by the Agent and submitted to the Company using the electronic method described above via The CRM within forty-eight (48) hours of the change. Agent must also confirm all such changes with its clients. The Agent is responsible for assuring that the booking form is complete and accurate before a reservation is booked. The Agent shall keep a copy of each booking in order to check for accuracy. The Agent is responsible for confirming the client’s correct address for document delivery.
(e) Bookings and Notifications. The agent shall, within forty-eight (48) hours of applying a payment to any booking, the Agent will submit the booking information to the Company through the CRM system. Following the Company’s receipt of each booking submitted by the Agent, the Company will make available to the Agent an electronic confirmation indicating pertinent information to such booking, i.e., travel date, ship/property, deposit received, balance due and date, document requirements, insurance information, client names, etc. as supplied by the Agent. The agent is fully responsible for the accuracy of said confirmations. The Agent must promptly forward these notifications to its clients. In addition, the Agent must forward the client version of the vendor’s confirmation to their client when such documents are available. It is the Agent’s sole responsibility to ensure that its clients receive these documents. The Agent should be aware of all travel that requires a United States passport and other documentation required for travel and should advise the Agent’s clients of these requirements, including the estimated time to obtain a passport if the client does not have one.
1.2 Independent Contractor. The Parties hereto acknowledge and agree that Agent is an independent contractor, and Agent is solely responsible for its actions and inactions. There is no employer/employee relationship between the Company and Agent. Agent shall have the right to control and determine the method and means of providing services to its clients. The Company shall not have the right to control or determine such methods or means. The agent may perform services for, or be an employee of, several businesses at one time. Except as otherwise set forth herein, the Agent is responsible for obtaining its own materials, brochures, training, etc. The Company neither insures nor guarantees the work performed by Agent and is not liable nor responsible for any other irregularity or any consequences resulting therefrom.
1.3 Compliance with Laws. Agent is solely and expressly responsible for operating in accordance with all applicable federal, state, and local laws, rules and regulations, including laws pertaining to the offering and sale of travel services. Any permits or licenses required for the Agent to conduct its business are the sole responsibility of the Agent as are any expenses related thereto. Any Agent that engages in business in the State of Florida shall register for an exemption from registration as a travel agent using the Company’s Seller of Travel number and shall provide evidence of registration with the State of Florida to the Company within twenty (20) days following receipt of proof of filing from the State and on an annual basis thereafter. The Agent will not book or sell travel to clients who's permanent residents reside outside of the United States. The Agent will not book flights that initiate outside of the United States.
1.4 No Exclusivity. The Company will occasionally market-specific travel offers through its Agents, i.e., blocked group space cruises, preferred rates or commissions, etc. These offers will be marketed on a non-exclusive basis. More than one Agent may be appointed in the same marketing area at the discretion of the Company, however, the Company shall use its best efforts not to appoint more representatives than any given area can support.
1.5 Operations of Agent.
(a) Entity. The Company recommends but does not require, that Agent establish a separate limited liability company, corporation, partnership, or other similar entity to conduct its travel business. In the event that Agent elects to operate Agent’s business through an entity, Agent must provide evidence of its existence such as Articles of Organization, Articles of Incorporation, or a Certificate of Partnership. In addition, the principal owner or owners (anyone owning twenty-five percent (25%) or more of the entity) must personally guarantee the obligations of Agent under this Agreement by executing and delivering the Personal Guaranty attached hereto as Exhibit “A”.
(b) Subagents. Agent may hire, supervise and pay for assistants, employees, and other representatives (each a “Subagent”) deemed necessary or desirable by the Agent to conduct its business. The agent is jointly and severally responsible for all acts of its Subagents. The Agent will also be responsible for paying all expenses attributable to such Subagents, including income taxes, unemployment insurance and Social Security taxes, and will maintain workers’ compensation insurance for such individuals as required by the applicable law where Agent resides or is domiciled.
(c) Performance of Services. Agent shall conduct its business at its own office, shop, rental space or home office within the discretion of the Agent and at its expense. The Agent shall be responsible for all telephones, fax numbers, computers, and other office equipment deemed necessary by the Agent for its business and any expenses associated with that equipment. No work, however, may be performed by the Agent at any of the Company’s sites unless a support fee is paid, and the arrangement is pre-authorized by the Company in a separate agreement.
1.6 Identification of Consultant and Company. The Agent may operate under the Agent’s own name or under a separate company name and logo – but may not, without the express written consent of the Company, use the Company’s name for its own business. Any use by the Agent of the Company name, logo, forms, printed or electronic marketing materials, or other intellectual property of the Company must be approved in advance in writing by the Company.
1.7 Expenses. The Company is not responsible for any expenses whatsoever incurred by Agent including, but not limited to, advertising, postage, telephone calls, computers, websites, mileage, entertainment expenses, printed materials, or utilities (i.e. internet, phone, etc).
1.8 No Authority to Bind Company. Except as otherwise set forth herein, neither the Agent nor any of its Subagents have any authority, under any circumstances, to commit the Company to any binding obligations or contracts with clients or suppliers unless specifically and previously authorized to do so by the Company in writing. The Agent will make no representation to any client or supplier that he/she has the authority to bind the Company.
1.9 Workers’ Compensation. The Company shall not obtain workers’ compensation insurance covering the Agent or Subagents. The Agent shall comply with the applicable workers’ compensation law concerning the Agent and Subagents.
1.10 Marketing. Agent shall, at all times, comply with any and all marketing requirements of the Company’s vendors including, but not limited to, the use of such vendor’s logos, advertising channels and venues, placement, copy, offers, and promotions. From time to time, vendors may offer cooperative marketing support in the form of collateral, materials, and financial support. This support will be approved by the vendor based on collaboration with the Company. Under no circumstance shall said support be available after the termination of this Agreement with the Agent whether said termination is written or implied by cause.
1.11 Vendor Relations. The Agent is free to book and work with any travel agency they choose including direct competitors of the Company’s Affiliates. However, the Agent agrees to give the Company thirty (30) days prior written notice of their intent to create a direct booking relationship with any vendor with which the Agent had little or no prior defined relationship prior to the execution of this Agreement. Failure to provide such notice may, at the Company’s sole discretion, result in the immediate termination of this Agreement upon written notice to Agent.
1.12 Company Group Space.
(a) Group Space. The Company may, from time to time, have group space or blocks of rooms available with certain Vendors that all Agents shall be able to book reservations into for such Agents’ customers.
(b) Add-On Charges. If the Agent books into the Company group space, the Agent may choose to add an additional charge to their customers if wrapped into the total cost of the booking. This additional charge will be treated as increased gross commission, to be split in the customary manner described below.
(c) Free Berths. The Agent may choose to retain one earned free berth in any group space for its own use or the free berth may be used as a credit to reduce the total charges of its customer group. If the Agent earns free berths, for any group space, that is not passed on to the client, or that the Agent does not retain for its personal use on the sailing for which the free berth was actually earned, the dollar value of the free berth will be treated as additional gross commission received by the Company, to be split in the customary manner as described in Section 3.
(d) Company Reserved Group Space. If the Agent wishes to book individuals into group space reserved by the Company, they must call or email the Company first to ensure availability still exists.
(e) Groups Organized by Contractor. For groups that the Agent organizes and sells themselves, it will be Agent’s responsibility to work with the vendor representative to block group space, arrange for group incentives, and request that contracts be sent to the Company. For all individuals booked into any group space, the Agent must obtain deposits on or before the option dates and apply them to the appropriate bookings with the vendor telephonically or electronically in such a manner as to satisfy the vendor’s requirements.
1.13 Company’s Privacy Policy and Terms of Use. Agent acknowledges and agrees that Agent shall, at all times, abide by the Company’s Privacy Policy (located at https://www.daniellegltravel.com/privacypolicy.html ) and Terms of Service (located at https://www.daniellegltravel.com/termsofservice.html) (the “Terms of Service”) and this Independent Travel Consultant Agreement. The Company may amend the Privacy Policy, Independent Travel Consultant Agreement, and Terms of Service from time to time and shall advise the Agent of the effective date of such amendments. It is the Agent’s obligation to review the Privacy Policy, Independent Travel Consultant Agreement, and Terms of Service from time to time, and all amendments to the Privacy Policy, Independent Travel Consultant Agreement and the Terms of Service are to be deemed automatically incorporated herein. Agent’s continued use of the Services following the effective date of amendments to the Terms of Service, Independent Travel Consultant Agreement, or Privacy Policy shall be deemed as Agent’s acceptance of all such amendments. Agent further acknowledges and agrees that Agent shall cause all Subagents that Agent allows to access the System to abide by the Privacy Policy, Independent Travel Consultant Agreement, and the Terms of Service.
1.14 Website. If Agent elects to have its own website, Agent must (i) ensure that such website complies with the advertising requirements set forth in Section 1.6; (ii) use a separate name from the Company; and (iii) post terms of service and a privacy policy advising Agent’s customers how such customers’ data will be used. The Company’s Privacy Policy applies to customer data that is stored in the CRM or shared with Travel Leaders for Engagement advertisements. The Agent is solely responsible for the content of the website and indemnifies the Company against any complaints regarding content, accuracy, or other elements of said site.
1.15 Errors & Omissions Insurance. The Company shall extend coverage to Agent under the Company’s Errors & Omissions insurance policy (“E&O Insurance”) to the extent that Agent is selling travel services on behalf of the Company. Any actions of the Agent that are not part of such services shall not fall under the E&O Insurance. The Company shall also, at Agent’s option, extend the E&O Insurance to each Subagent; provided, however, that Agent shall pay a monthly fee for each Subagent as set forth in Section 2.5. The insurance does not cover fraud, scams, or hacking of your computer and theft of client data. For this coverage, the Agent must purchase their own business insurance.