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Terms & Conditions

Terms and Conditions

Affiliate Partnership Agreement - Terms and Conditions

Purpose

PThe Agreements sets out the terms and conditions between Pagumen Tour & Travel S.C and XX (“The Partner”). The Company is uniquely established Share Company, tour & travel operation with a destination management company (DMC) in Ethiopia, offering top-quality services and products in corporation with licensed suppliers. The Share Company undertakes to share products with Partner who in turn undertakes to market these products in accordance with the terms and conditions as set out herein in return for a commission.

Definition

A “Partner” is any individual or company who signs up for the Partner Programme and who is accepted by the Company.

The “Partner Programme” represents the complete contractual relationship between the parties.

The “Partner System” is an internet-based platform provided by the Company and includes among other things: the partnership registration, a user-management system, click-monitoring system, the conversion of clicks, conversion approved system, commission system, payment system, and the partner management system.

“Company’s Site”: The Company’s website: www.pagumen.com

“Partner’s Site(s)”: This can include any website, email message or social media of the partner

“Links”: The links are provided by the Company

“Self-Service Sales”: The Booking and payment process are completed by the Customer without the assistance of a Company employee.

“Company’s Terms and Conditions”: These are the general terms and conditions for travelers and the practical tour and travel information about Ethiopia as published on the Company’s site

“Products”: The Company’s products as published on its site, www.pagumen.com, in addition to specially designed products for the Company’s agents, customers and other partners

“Customers”: The end-user of the Company’s Products, whether used in relation to activities prior or after the booking and payment, that is, potential customers as in the general public or actual customers as in customers who have made a booking, and or confirmed it, and or made payment for it.

‘‘S.C’’: Initial which means Share Company

“Travelers”: The persons who are making a journey(s) for various reasons via Pagumen Share Company.
Rights and Obligations

3.1 It is in the sole discretion of the Company to select and agree to Partners and the Company is under no obligation to provide reasons for its decision.
3.2 The Partner agrees to comply with and respect the Company’s terms, conditions, policies and procedures.
3.3 The rights that the Partner receives under this Agreement are non-exclusive. The Company is entitled to sell its Products directly or via agents or other partners in the same geographical region or any area or region selected by the Company at its own discretion.
3.4 The Company is obliged to offer its Products to the Partner at the corporate rate as these Products are provided to the general public
3.5 The Partner will not undertake any automatic lead-generation or browser redirection to any tracking URLs provided by the Company. The Partner accepts that the Company may run traffic audits to determine the booking conversion rates.
3.6 The Partner agrees to use only links provided to it by the Company and the Company will not be responsible for commission in cases where the Partner used other links.
3.7 The Partner will be treated as an independent contractor and there is no form of partnership, joint venture or franchise between the parties. The Partner does not act as an agent, nor is the Partner in any way a legal representative of the Company. Neither party is in an employment relationship with the other.
3.8 Neither party will be liable for performance delays or for non-performance due to causes beyond its reasonable control, except for payment obligations.

Comissions

4.1 When the Partner links its site to Company’s site, it will earn a commission in cases where a Customer from the Partner’s site books, confirms and makes payment for Product on offer by the Company. +
4.2 Commission is paid out on the basis of the information contained in the commission system of the Partner System
4.3 Commission is confirmed and becomes payable and only once the Company has received the confirmed payment. This takes place when it is clear that no adjustment or repayment of the booking fee is required and the service to the end customer has been provided in full
4.3 When the Partner links its site to Company’s site, it will earn a commission in the cases where a user from the Partner’s site books and confirms a Product on offer by the Company. The Company tracks all visitors referred by your site for up to 270 days, and pay a % commission for every confirmed booking.
4.4 The Company will pay the commission after all taxs has been deducted as determined by Ethiopia Tax law at the time of the payment.
4.5 Once the accumulated commission has reached an amount of 200 USD or more, commission will become payable within 7 business (working) days from the accumulated amount.
4.6 The payment method will be in accordance with the standard procedures of the Company.
4.7. The Partner is responsible for sending out a valid invoice to the Company. This can be done by e-mailing an electronic invoice to marketing@pagumen.com The Company accepts invoices sent through swift code.
4.8. The Partner is responsible for submitting a valid invoice to the Company. Partners based in Ethiopia need to include VAT and the correct VAT number.  Current VAT for travel services in Ethiopia is 15%.  Invoices can be sent by e-mailing an electronic invoice to marketing@pagumen.com. The Company also accepts invoices sent through swift code & the company formal bank account.

Representations, Warrantees and Indemnification

Each party represents and warrants that:
6.1 It has the authority and full power to enter into this Agreement and to execute it. It is not bound to enter into this Agreement by any other Agreements, for example by a non-competition Agreement
6.2 Partner represents and warrants that it will make and keep books, records and accounts that, in reasonable detail, would reflect the transactions performed by Partner under this Agreement. The Partner will allow the Company access to these records as needed.
6.3 The Partner agrees that it will under no conditions create special incentives, such as discounts, prizes, vouchers, etc. in order to motivate Customers to book products, unless the Company provides written consent prior to any initiatives relating to incentives.
6.4 The Company excludes all express and implied representations and warranties of the merchantability and/or fitness for a particular purpose of its products.
6.5 The Company makes no representation or warranty that the operation of the Site(s) shall be carried out without interruption or error-free, and it is not responsible for the consequences to the Partner of any interruptions or errors.
6.6 The Partner acknowledges that the Company does not have any control over the Customers, that is the end users, of the Partner’s website(s) and indemnifies and will keep the Company indemnified for any loss suffered by the Company in connection with an end user claim, whether based in contract, tort (including negligence), statute or otherwise.
6.7 The exclusion of liability does not apply in the cases where there has been a violation of the terms and conditions of this Agreement, including breaches in relation to intellectual property or breach of confidentiality
6.8 Any liability of a party to the other party in relation to a loss under or in connection with the Agreement is limited to the extent that the other party’s acts or omissions cause or contribute to that loss.
6.9 The Company’s liability for any loss suffered by the Partner in connection with this Agreement, is limited in aggregate to the total amount of commission paid to the Partner in respect of confirmed bookings during the preceding 6 months of the event that resulted in the loss
6.10 The Partner will hold the Company harmless against any loss incurred by the Partner in relation to the development, maintenance, operation and content of the Partner’s Site (s).

Communications

7.1 Once the Customer has placed a booking or made an enquiry with the Company, the Company is solely responsible for the booking procedure and shall be in direct contact with the Customer. The Partner shall, under no circumstance engage in correspondence with the Customer in relation to the Company’s operation or products. If the Partner receives any enquiries from the Customer in relation to the operations and products of the Company, it shall forward such to the Company.
7.2 The Company will only forward any correspondence from the Customer to the Partner that directly related to the operations of the Partner
7.3 Neither party shall create, distribute or publish material in relation to the other party beyond the scope of the Agreement.
7.4 Neither party shall disclose information to the public regarding the contractual relationship between the parties, except as permitted for in this Agreement

Confidentiality

8.1 The parties agree that any liability of one party to the other party for loss of revenue, loss of profits, loss of anticipated savings, loss of data, loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages suffered or incurred by the other party in connection with this Agreement is excluded.
8.2 The terms of the contract are confidential
8.3 The Company’s site is intended for the use of the Partner’s Customers
8.4 It is prohibited to use the Company’s information as contained in its Site for junk mail, spams, bulk communication, distribution of lists, and chain letters.

Cancelation

9.1 The Company has the right to cancel the Agreement immediately if the Partner does not comply with any of the terms as set out in this Agreement.
9.2 Either party / The Company can also terminate the agreement unilaterally and without reason at any time.
Miscellaneous

10.1 Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all negotiations, oral or written agreements or undertakings between the parties prior to this Agreement. Any amendments or additions to this Agreement should be made in writing and signed by both parties.
10.2 Governing Law and Jurisdiction: This Agreement is governed by the laws of Ethiopia. The courts of Ethiopia shall have the jurisdiction to hear disputes arising from this Agreement.
10.3 Assignment: Neither party may transfer any part of this agreement or any of their rights or obligations under this agreement without the prior written consent of the other party.
10.4 Notices: All notices required under this Agreement must be in writing via e-mail, to the other party at the given e-mail address of the Partner as in the Partner System and for the Company, the e-mail address is marketing@pagumen.com
10.5 Waiver of Rights: The failure by one party to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Contract constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

General Terms and Conditions for Package Tours

Conclusion of the Travel Contract
1. 1.1 By booking a tour – be it in writing, orally, by telephone or by fax even by email – Travelers make interest proposal to Pagumen Tour & Travel S.C. to conclude a travel contract based on the tour description, all the supplementary details contained in the basis of booking, and these travel conditions.

1.2 The travel contract comes into being upon the Traveler’s booking being confirmed, regardless of what the form said after confirmation has taken place. The Traveler shall receive written confirmation upon or immediately following the conclusion of the contract.

1.3 Should the contents of the confirmation of booking deviate from the contents of the booking itself, this shall constitute a new proposal on the part of Pagumen S.C, which shall remain binding on Pagumen S.C for 10 days, and which can be accepted by the Traveler by means of express declaration, deposit, payment of the balance, or starting the tour.

1.4 The person placing the booking shall be liable for all obligations stemming from the travel contract of the other participants in whose name the booking has been made, assuming this person has assumed this obligation by means of an express, separately written declaration.

Services, changes to services, prices

2.1 Pagumen’s Tour & Travel S.C service obligations stem exclusively from the contents of the confirmation of booking in connection with the brochure valid for the time of the tour or the tour advertisement, taking into consideration all information and explanations contained therein.

2.2 Service providers (suppliers) and travel agencies are not authorized by Pagumen Tour & Travel S.C to give assurances or to make agreements going beyond or contradicting the tour description or the confirmation of booking by Pagumen Tour & Travel S.C, or which alter the contents of the travel contract.

2.3 Brochures issued by Partners & Potential partners which have not been made the basis of either the tour advertised or the booking by Pagumen Tour & Travel S.C shall not be of material importance or binding upon Pagumen or its contractual service obligation.

2.4 Supplementary agreements which extend the contents of services shall only become binding upon express confirmation by Pagumen Tour & Travel S.C.

2.5 Changes to and deviations from the agreed contents of the travel contract which become necessary following the conclusion of the contract, and which are not introduced in bad faith by Pagumen Tour & Travel S.C, are permitted, as long as these changes or deviations are not considerable in scope, do not result in an essential change to the travel service, and do not affect the overall character of the tour booked. Any guarantee claims shall remain unaffected if the altered services are beset by shortcomings. Pagumen S.C shall be obliged to immediately inform Travelers of changes to and/or deviations from services. If necessary, Pagumen S.C shall offer the Traveler the right to withdraw from the contract at no charge or penalty.

2.6 Discounts for children are listed in the booking information and the price tables. Discounts for children shall depend on their age on the date on which the tour commences. The age specification “4 to 11 inclusive” includes the period from a child’s fourth birthday until one day before his/her twelfth birthday. Pagumen Tour & Travel S.C is entitled to verify the age of children for whom bookings have been made using identity documents etc. Should the true age not be the same as that given upon booking, Pagumen S.C shall be entitled to charge the difference between the price paid and the full price plus an administrative fee. Reductions are calculated on the basis of the tour price for other Travelers paying the full amount.

Deposit, payment of the balance

3.1 Upon the conclusion of the contract and following the issue of an invoice document deposit is to be paid, which shall be offset against the tour price. Unless otherwise individually agreed, the deposit shall amount to 50% of the tour price per person, but no less than USD (….). The confirmation of booking may specify a higher deposit, especially for tour packages including entrance tickets.

3.2 As long as invoice document has been issued and unless otherwise agreed in individual cases, the balance outstanding is to be paid 4 weeks (a month) before the start of the tour, assuming it is certain that the tour will not be cancelled for the reasons stated below in Section 5.

3.4 Payments may only be made in cash or by bank transfer. All payments are to be made in full and free of deductions. Bank processing and other fees are not part of the transferred money.

3.5 In the case of bookings made less than 2 weeks before the start of the tour, the full price is to be paid immediately following the issue of the invoice document.

3.6 Failure to pay the deposit or the outstanding balance shall have no effect on the validity of the contract. Assuming Pagumen Tour & Travel S.C is willing and able to perform the agreed services. Travelers shall have no right to claim the tour services unless payment has been made in full.

3.7 Should the tour price fail to be paid by the deadline stated despite the issue of a reminder by Pagumen S.C, Pagumen S.C shall have the right to refuse to fulfill the contract and to charge the Traveler withdrawal costs pursuant to 4.2.

Withdrawal by the Traveler, Change of Booking, Alternative Participants

4.1 The Traveler may withdraw from the travel contract at any time before the tour starts by submitting written notice to Pagumen Tour & Travel S.C. The cancellation fee shall be decided depending on when the notice of cancellation is received by Pagumen Tour & Travel S.C.

4.2 In every case of cancellation by the Traveler, Pagumen Tour & Travel S.C shall be entitled to the following levels of compensation, which take into account the expenditure customarily saved and the customarily possible alternative disposal of the travel services:

from confirmation of booking until 30 days before the start of the tour: 15% of the tour price, but no less than USD 35 per person

29-22 days before the start of the tour: 30% of the tour price
21-15 days before the start of the tour: 50% of the tour price
14-8 days before the start of the tour: 60% of the tour price
7 or fewer days before the start of the tour: 80% of the tour price

4.3 The Traveler shall be permitted to prove to Pagumen S.C that Pagumen S.C actually incurred no costs or lower costs than the levels of compensation charged. In such cases, the Traveler shall only be obliged to pay the costs actually incurred by Pagumen S.C.

4.4 Pagumen S.C reserves the right in individual cases to charge higher compensation if higher costs are incurred, as long as they are itemized and substantiated to the Traveler.

4.5 Please note that not joining the tour without submitting express notice of withdrawal therefrom shall not constitute withdrawal from the travel contract, and that in this case the Traveler shall remain obliged to pay the full price.

4.6 Pagumen Tour & Travel S.C urgently recommends that Travelers take out cancellation insurance.

4.7 If after booking a tour the Traveler wishes to change the travel date, the destination, the accommodation or the type of catering (change of booking), Pagumen S.C shall charge a fee accordingly per change procedure up to 30 days before the start of the tour. Changes to the arrangements requested after this period can – assuming they are at all possible – only be made by withdrawing from the travel contract at the aforementioned conditions and simultaneously rebooking. However, this shall not apply to booking changes which only cause minor costs.

4.8 Travelers may nominate alternative participants at any time. Pagumen Tour & Travel S.C shall charge a fee accordingly to cover the costs hereby incurred.

Withdrawal by Pagumen Tour & Travel S.C

5.1 Should less than the minimum number of participants specified in the relevant tour advertisement, Pagumen Tour & Travel S.C shall be entitled to withdraw from the travel contract in accordance with the following conditions:

a) Pagumen Tour & Travel S.C must immediately inform Travelers about the cancellation of the tour once it is certain that the tour cannot take place because the minimum number of participants has not been reached;

b) Pagumen Tour & Travel S.C shall be permitted to withdraw no later than 2 weeks before the start of the tour;

c) Upon cancellation, the Traveler shall have the right to demand participation in another tour of at least equal value if Pagumen Tour & Travel S.C is able to offer such a tour to the traveler from its travel package without a surcharge. The Traveler must assert this claim vis-à-vis Pagumen Tour & Travel S.C immediately upon being informed of the cancellation of the tour.

5.2 Pagumen tour & Travel S.C may cancel the contract without any tolerance after the tour has started if the Traveler repeatedly disrupts the execution of the contract despite having received a warning, or if he/she behaves in a manner contrary to the contract such that the immediate cancellation of the contract is justified. Should the contract be terminated by Pagumen Tour & Travel S.C, Pagumen Tour & Travel S.C shall still reserve the right to claim the full price; however, Pagumen Tour & Travel S.C must offset the expenditure saved and all benefits gained from the alternative disposal of the travel services against this price, including any amounts credited to Pagumen Tour & Travel S.C by service providers. In such cases, Pagumen’s local authorized representatives shall be empowered to defend the rights and interests of Pagumen Tour & Travel S.C.

Duties of and Termination by the Traveler

6.1 The Traveler must report any shortcomings to Pagumen Tour & Travel S.C or its representatives specified in the travel documents and request remedy immediately such shortcomings occur. Claims on the part of the Traveler shall lapse if not reported unless the Traveler failed to report the shortcoming for reasons for which the Traveler was not responsible.

6.2 If the tour is considerably impaired as a result of a shortcoming in the tour, the Traveler may terminate the contract in compliance with the company invoicing regulations. This termination shall only be admissible once a deadline set by the Traveler for the situation to be remedied has not been met by Pagumen Tour & Travel S.C or its representatives. A deadline need not be set if remedy is impossible or is refused by Pagumen Tour & Travel S.C or its representatives, or if the immediate termination of the contract is justified by a special interest on the part of the Traveler.
Liability
7.1 Pagumen’s contractual liability for damage excluding bodily injury (including for liability for the violation of accessory, pre- and post-contractual obligations) shall be limited to triple the tour price, assuming:

a) The damage incurred by the Traveler was caused neither deliberately nor by gross negligence; or

b) Pagumen Tour & Travel S.C is merely responsible for damage incurred by the Traveler owing to the fault of a service provider.

7.2 Pagumen Tour & Travel S.C shall not be liable for disruptions in performance in connection with external services merely brokered by Pagumen Tour & Travel S.C (e.g. sports events, theatre visits, exhibition, excursions etc.) and which are expressly denoted as external services in the description of performance.

7.3 If as part of a tour or in addition thereto transport is to take place on a scheduled service and a corresponding ticket is issued to the Traveler, Pagumen Tour & Travel S.C shall merely be brokering an external service, as long as Pagumen Tour & Travel S.C specifically draws attention to this in the tour description and the travel tour confirmation. Pagumen Tour & Travel S.C shall therefore not be liable for performing the transportation service itself.

Limitation, prohibition of assignment

8.1 Claims on the part of the Traveler vis-à-vis Pagumen S.C, irrespective of the cause in law – albeit with the exception of claims by the Traveler stemming from an unlawful act – shall lapse 6 months after the contractually scheduled return journey. This shall in particular apply to claims stemming from the violation of pre- and post-contractual obligations and the accessory obligations from the travel contract.

8.2 Claims by the Traveler stemming from the tour, irrespective of the cause in Ethiopian law, may not be assigned to third parties, including to spouses; nor may they legally assert such claims on their own behalf.
Venue, miscellaneous

9.1 Should any of the above provisions be or become ineffective, the other conditions shall remain valid and the validity of the travel contract as a whole shall remain unaffected.

9.2 The Traveler may only take proceedings against Pagumen Tour & Travel S.C at its corporate seat.

9.3 The entire legal and contractual relationship between Pagumen Tour & Travel S.C and Travelers with no general place of residence or seat of business in Ethiopia shall exclusively be governed by Ethiopian Law.

9.4 The venue for any legal action by Pagumen Tour & Travel S.C against the Traveler shall be the Traveler’s place of residence – unless the action is taken against full merchants, legal persons under public or private law, or persons whose regular place of residence is abroad, at the time legal proceedings are instituted, in which case the venue shall be the corporate seat of Pagumen Tour & Travel S.C.

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