General Terms of Agreement
1. Provision of COZMO TRAVEL Inventory: COZMO TRAVEL will make available the COZMO TRAVEL inventory to AGENT for the price on the terms and conditions set out in this Agreement. AGENT will acquire COZMO TRAVEL inventory subject to the terms and condition outlined on the website and it is the AGENT’s responsibility to review all such terms and conditions.
2. AGENT to sell in Territory: AGENT is entitled to sell COZMO TRAVEL Inventory in the Territory to AGENT’S Customers on such additional terms and conditions that AGENT determines, but AGENT is not entitled to sell the COZMO TRAVEL inventory to other travel agents.
3. AGENT Terms and Conditions: AGENT will ensure that the terms and conditions upon which it sells the COZMO TRAVEL Inventory to AGENT’S Customers specify that:
(i) For Hotel Related Complaints, any AGENT’S Customer Complaints that are unresolved by the hotel, must be officially communicated to COZMO TRAVEL in writing within 10 days from the end of the AGENT’S Customer's intended stay period at the hotel.
(ii) AGENT will receive a confirmation of Booking and payment for the COZMO TRAVEL Inventory and AGENT’S Customers should not be charged by hotel for the COZMO TRAVEL Inventory and AGENT’s customers should not be charged by the hotel for the COZMO TRAVEL inventory. Any additional services supplied by the hotel that are not comprised in the COZMO TRAVEL inventory will be charged directly by the concerned hotel to the AGENT’S customers
(iii) The AGENT is responsible to check all rules, terms and conditions and inform the AGENT’S customers of the rules, restrictions, policies and terms and conditions for all travel related services (hotel, travel insurance, UAE activities, packages, sightseeing etc.) availed from the COZMO TRAVEL inventory.
(iv) For all other travel services except hotels, availed by the AGENT from COZMO TRAVEL, complaints should be advised as and when received.
4. Booking process by AGENT: If AGENT wishes to acquire the COZMO TRAVEL Inventory; it must offer to acquire that COZMO TRAVEL Inventory by making a booking via the online B2B booking platform. A Booking by AGENT will only be accepted by COZMO TRAVEL and the COZMO TRAVEL Inventory will be acquired by AGENT, when COZMO TRAVEL provides AGENT with a copy of the confirmation of its Booking via the B2B system.
5. Booking Cancellation: Cancellation charges will apply as per the restrictions, terms and conditions of the individual hotel/airline/service provider. AGENT accepts to review and conform to the cancellation policy restrictions, terms and conditions listed by each individual service provider before confirming the booking.
6. Credit Balance reimbursement for cancelled bookings will be actioned and/or taken up with individual hotel/ service provider within 24 hours of the request received by COZMO TRAVEL. Depending upon the response and/or processing time taken by individual hotel/ service provider, COZMO TRAVEL will reimburse the credit balance at the earliest, as per the cancellation policy, restrictions, terms and conditions listed by each individual service provider
7. Booking process: COZMO TRAVEL: COZMO TRAVEL is authorized to transmit AGENT’S Customer information to travel service providers such as hotels, hotel operators, airlines, travel insurance etc. for the purpose of securing the COZMO TRAVEL Inventory and the Booking for AGENT and/or the AGENT’S customer. Other than as specified in this agreement or as required by law, information provided to COZMO TRAVEL through the booking system by AGENT will be kept strictly confidential by COZMO TRAVEL. COZMO TRAVEL is entitled in its sole discretion to refuse a Booking request from AGENT if it believes for any reason that AGENT is not making a bona fide Booking. If this agreement is terminated for any reason, COZMO TRAVEL will take all reasonable steps to ensure that Bookings of COZMO TRAVEL Inventory made by AGENT prior to the Termination Date are honored, and to ensure that the terms and conditions of this agreement shall remain in effect for the purposes of any such Bookings.
8. Travel Documents: The AGENT must issue and provide travelers with COZMO TRAVEL system generated voucher/travel documents and must include COZMO TRAVEL relevant booking reference number. If a traveler cancels a Booking, the AGENT must send an email to COZMO TRAVEL providing booking reference number or travel document number such as airline ticket number, hotel voucher number etc. to COZMO TRAVEL as soon as the AGENT receives the cancellation from the AGENT’S customer and within the validity of the travel document and as per the cancellation policy of the travel services provider.
9. No intellectual property rights provided: By providing access to the Booking System to AGENT, COZMO TRAVEL is not providing AGENT with any intellectual property rights of any kind, including, without limitation, any license.
10. Payment by AGENT: The AGENT will either pay Cozmo Travel an advance Top Up amount which will reflect as usable credit on the AGENT’S B2B account or the agent can make payment via credit card. For advance top up, once the balance is over, automatically the system will not allow the AGENT to confirm any booking or to issue vouchers unless TOP UP of credit balance is done by AGENT.
11. AGENT Warranties and undertakings: AGENT agrees, warrants, undertakes and represents that at the date of this agreement and, where applicable, at all times during the term of this agreement:
(a) AGENT is legally authorized and empowered to execute this agreement;
(b)AGENT will not in any circumstances disclose the Price, or any element of the Price (including, without limitation, any commission which may or may not be payable) to any third party.
(c) All information provided to COZMO TRAVEL through the Booking System by AGENT will be accurate and if any information provided by AGENT to COZMO TRAVEL through the Booking System is inaccurate in any respect, AGENT is liable for and will fully compensate and indemnify COZMO TRAVEL on demand for and against any Loss which arises to COZMO TRAVEL in relation to any such inaccuracy.
(d) AGENT has fully complied and will continue to comply with all applicable laws, rules, regulations and administrative pronouncements applicable in the United Arab Emirates relation to the Booking or this agreement, including (without limitation) laws relating to safety, privacy and money laundering, and holding and maintaining any applicable licenses or permits.
(e) AGENT is not acting as agent for or representative of COZMO TRAVEL, or any travel service provider such as hotel, hotel operator, airlines, travel insurance etc. to which the COZMO TRAVEL Inventory relates, and will not hold itself out as such.
(f) Except where AGENT is provided prior written approval, AGENT will not utilize the COZMO TRAVEL brand, logo or trade mark, or any such intellectual property of any of the travel services providers such as airlines, hotel, travel insurance etc. to which the COZMO TRAVEL Inventory relates on any publication, website or in any form.
(g) AGENT hereby undertakes that it will take proper control and caution that no such abuse or misuse will occur to the Master log in/User Access provided to them for the booking Platform. AGENT will be liable and will take full responsibility for any such incident.
AGENT will not pass on or provide access to the booking system to any third party without the written consent of COZMO TRAVEL. AGENT will not sell the COZMO TRAVEL inventory to third party or other agents. It is however clarified that AGENT would be entitled to provide access the key system to its affiliates in different countries.
COZMO TRAVEL's warranties: COZMO TRAVEL warrants, undertakes and represents to AGENT that, at the date of this agreement and, where applicable, at all times during the term of this agreement:
(a) COZMO TRAVEL is legally authorized and empowered to execute this agreement.
(b) COZMO TRAVEL has fully complied and will continue to comply with all applicable laws, rules, regulations and administrative pronouncements relating to data protection, privacy, including holding and maintaining any applicable licenses or permits.
12. Liability of COZMO TRAVEL: Other than as is specified in this agreement COZMO TRAVEL is making no representations, undertakings or warranties to AGENT of any kind, and in particular (without limitation):
(i) COZMO TRAVEL is making no representations, undertakings or warranties in relation to the COZMO TRAVEL Inventory including as to the description of the COZMO TRAVEL Inventory and availability of the COZMO TRAVEL Inventory and has no liability in relation to those matters;
(ii) Any information provided on the Website in relation to the COZMO TRAVEL Inventory is provided as general information and COZMO TRAVEL shall not be liable if any such information is incorrect or inaccurate in any respect;
(iii) COZMO TRAVEL is making no representations or warranties in relation to the Booking System and is not liable in any respect for any failure of the Booking System;
(iv)COZMO TRAVEL is not liable for any Loss arising directly or indirectly out of the action of any travel services provider such as hotel, transport company, airlines or any other person providing services comprised in the COZMO TRAVEL Inventory.
13. Terms of agreement: This agreement remains in full force or effect from the date of its execution until it is terminated in accordance with this clause. This agreement shall have a period of one year commencing from the date of execution of this agreement. This agreement will be automatically and successively renewed for periods of one year following expiry of the ONE YEAR period, unless a Termination Date arises, or AGENT gives COZMO TRAVEL 15 business days' written notice that the agreement will not be renewed.
14. Miscellaneous matters and governing law:
(i) This agreement is governed by the laws of UAE and each Party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of UAE.
(ii) This agreement may only be altered in writing, signed by each of the Parties.
15. Dispute Resolution: If any dispute (Dispute) arises between the Parties in relation to any terms of or obligations under this Agreement, any Party to the Dispute may give the other Party a notice in writing (Dispute Notice) specifying the details of the Dispute and requiring that it be dealt with in accordance with this clause. The Parties agree that, where a Dispute Notice has been given, they shall first attempt in good faith to resolve the Dispute by negotiation within 10 Business Days of the Dispute Notice being received by the relevant Parties. If the Parties are unable to resolve the Dispute within this time (unless such period is extended by agreement between the Parties), the Dispute may be resolved by binding arbitration in UAE (Arbitration) agreed by the Parties. The arbitration proceedings shall be governed by the Dubai International Arbitration Centre (DIAC) rules of arbitration. The arbitration proceedings shall be held in the English language and the venue of arbitration shall be in Dubai.
16. Force Majeure: If a Force Majeure event occurs:
(i) the obligations of the affected Party under this agreement will be suspended to the extent that the affected Party is wholly or partially unable to comply with those obligations as a direct result of the Force Majeure
(ii) the affected Party must notify the other Party or Parties as soon as practicable in writing of the Force Majeure and the extent to which the affected Party is unable to comply with its obligations under this agreement; and
(iii) the affected Party must take all reasonable steps to alleviate the effect of the Force Majeure, and must notify the other Party or Parties in writing as soon as it is able to comply with its obligations under this agreement. For the avoidance of doubt, Force Majeure does not occur if it is attributable to the act, omission, neglect, or failure to take reasonable precautions against the relevant cause or effect by the affected Party.
17. Limitation of Liability:
i. Neither party shall be responsible or liable for any indirect, special, collateral, punitive, incidental or consequential losses or damages which may be suffered by the other party pursuing to this agreement.
ii. Notwithstanding anything to the contrary, it is clarified that in any case of any liability arising on the AGENT by reasons of or under this agreement, AGENT’s complete liability shall be limited to the consideration received by AGENT under this agreement in the period immediately preceding six (6) months prior to the date when the incident giving rise to such liability first arose.