RULES & REGULATIONS


I. INTRODUCTION


The Rules & Regulation herein indicated define & establish the principles, which govern the business of a Business Travel Associate (hereinafter called the “BT”). It also defines a Business Travel Associate’s rights, duties and responsibilities.


II. DEFINITION


“Business Travel Associate” means an individual that is an intended traveler whether introduced to the Company by another Business Associate or otherwise intends to travel and who has accepted all the Rules & Regulations, Business Plan, Travel Plan (Package/s) and the policies of the company.

“Travel Plan” means a Tour package, which a BT must acquire on payment of a price as determined by the Company to join as an intended traveler subject to the package terms, business plan and these Rules & Regulation of the Company

“Company” means the company “Grace AirTravel  Private Limited” duly registered under the Companies Act, 1956

“Management” means the Boards of Director of the Company collectively or any person(s) duly authorized by the Board of Directors to represent the Company and the Board.

“Month” means English Calendar month


III. JOINING AS A BUISNESS TRAVEL ASSOCIATE


3.1 To join as a Business travel Associate the following pre-requisites have to be there:


  1. He should be an individual.
  2. He should have completed 18 years of age.
  3. He should not be unable to manage his business due to legal, mental or any other reason.
  4. He should not be in jail or confined to any correctional institution of any kind.
  5. He should not have been suspended from doing business with the Company on any previous occasion or be in involved in any litigation directly or indirectly against the Company.
  6. He should not have been convicted by any court of law.

3.2 For joining as a Business Travel Associate he should follow the following steps:


  1. He should apply in the requisite form duly signed
  2. Purchase the Travel Plan on payment of the requisite fee/price as may be determined by the management from time to time.
  3. Should give acceptance that he will abide with the Rules & Regulations, business plan, Tour plan and the policies of the Company.
  4. He must furnish a copy of his PAN number.
  5. He must furnish his Service Tax Registration number, where applicable.
  6. His payment must be duly credited in the designated account of the company

3.3 The Date of accepting of a Tour Plan by a Business Travel Associate will be the date when the Company enters the personal details of the Business Travel Associate in its record and communicates its acceptance to him on or completion of all the condition as mentioned in clause 3.2 above.

3.4 Acceptance or Rejection of a Tour Plan: The Company reserves the right to accept or reject any application to purchase a Travel Plan and be a Business Travel Associate, without having to give any explanation whatsoever.

3.5 Period: Generally once a Business Travel Associates purchases a Travel Plan, the said would be valid for a period of 6 months only, but the company at it option may keep the Tour plan valid & live for an unlimited period of time.

3.6 Resignation: A BT can cancel his association with the Company as a BT at any time by sending a letter to the Company.

3.7 The company has a no-refund policy for all its tour plans.


IV. RESPONSIIBLITIES OF ALL BUSINESS ASSOCIATES


4.1 Abide by the Rules / Amendments to Rules: At all times, BT’s must adhere strictly to the guidelines, systems, procedures and policies of which these Rules & Regulations, Company’s Business Plan and the Tour Plan(s) are a part and any amendment thereto affected by the Company from time to time.

4.2 Truthful and Accurate: No BT shall make any offer to sell any Tour Plan which is not accurate and truthful as to price, facilities, services, grade, quality, performance, and not according to the Business Plan. A Business Travel associate’s cannot:


  1. Make exaggerated Tour Plan claims or non-guaranteed claims with regard to Tour plan(s) or Business Plan by Company.
  2. In any way whatsoever, represent incorrectly with regard to price(s), facilities, services, quality, standards, grades, contents, style or availability of Company.

4.3 Compliance with Applicable Laws, Regulations and Codes: Business Travel Associates shall comply with all laws, regulations and codes that apply to the operation of their business, and they must not conduct any activity that could jeopardize the reputation of other BT(s) and/or Company. Applicable laws, regulations and codes vary from one city to the next, and from state to state in India, and over time, and Company does not ensure or make representations with respect to the quantity or extent of effort or expense required to comply with such laws, regulations and/or codes.

4.4 Deceptive or Unlawful Trade Practices: No Business Travel Associate shall engage in any deceptive or unlawful trade practice. A deceptive or unlawful trade practice is one, which has been defined as such by any central, state, or local law or regulation.

4.5 Unlawful Business Enterprises or Activities: No Business Travel Associate may operate any illegal or unlawful business enterprise, engage or participate in any illegal or unlawful business activity or be convicted of any illegal or unlawful activity. An illegal or unlawful enterprise or activity is one, which is prohibited by central, state, or local law or regulation.

4.6 Professionalism: A Business Travel Associate shall at all times conduct himself or herself in a courteous and considerate manner and shall not engage an any high-pressure selling, but shall make a fair presentation of the Tour plan(s) and the Business Plan

4.7 Employment Relationship: No Business Travel Associate shall represent that he or she has any employment relationship with the Company or any of its affiliated Companies and/ or other Business Associates.

Business associate shall not give a false representation as to the nature of relationship between the Company and its Business Travel Associate(s), or makes any representation except in accordance with the explanation given in the Travel Plan(s) and the Rules & Regulations. A Business Associate is required to indemnify the Company for the cost of any damage or prejudice stemming from such false representation, including any legal fees the Company may have incurred.

4.8 Franchises and Territories: No Business Travel Associate shall represent to anyone that there are exclusive franchises or territories available under the Company’s Business Plan. He is authorized to promote and carry activity as a BT only in India and in no other country.


V. PRESENTATION OF THE COMPANY’S BUSINESS PLAN


5.1 Must not Give Impression of Employment Relationship: When inviting a prospect to hear a presentation of the Company’s Business Plan, a BT shall neither utilize the following invitations nor directly or indirectly induce other Business Travel Associate to do so :


  1. Give the impression that it relates to an employment opportunity,
  2. Imply that the invitation is to a social event,
  3. Disguise the invitation as a “market survey,”
  4. Promote the event as a ‘tax seminar,”
  5. Promote the Company Travel Plans as a business relationship with a person, company, or organization other than the Company,

VI. DEATH OF A BUSINESS ASSOCIATE


6.1 In the case of the death of a Business Travel Associate his association with the Company in all respects shall stand cancelled & terminated.

6.2 The administrator of the deceased business associate’s estate shall, with letters of administration or other proper authority, as soon as possible:


  1. Inform the Company about the death along with a death certificate.
  2. Lodge a claim, if any, under any Business plan, which has not been paid to the deceased business associate.

VII. ENFORCEMENT OF THE COMPANY’S RULES & REGULATIONS, BUSINESS PLAN, TOUR PLAN(S) AND POLICIES OF THE COMPANY.


7.1 Violation of the Company’s Rules & Regulations, Business Plan, Tour Plan(s) and Policies is an extremely serious matter, not only because of the effect it may have an individual BT, but also the result of this conduct may have on the opinions of the Company’s business held by the public, the media and government officials. Accordingly while Company will make every effort to correct any violation through guidance and counseling, further action may be required in more serious cases including, but not limited to the following, which may be applied by Company in any order or in any combination:


  1. Retraining of the Business Travel Associate and his Business Group from having any association or doing business with or for the Company;
  2. De-sponsoring the offending business Travel associate of his Business Group;
  3. Termination of the offending Business Association.

7.2 In instances of violation of the company’s Rules & Regulations, Business Plan, Travel and Policies, any BT may make a complaint to the company in writing.

7.3 A Business Travel Associate will keep the Company, it Director, employees and all other Business Associates indemnified against all kinds of losses, financial or otherwise, which may be incurred due to the negligence and fault of his including but not restricted to violation of the Company’s Rules & Regulations, Business Plan, Travel Plans(s) and Policies


VIII. TERMINATION AND DE-SPONSORSHIP


8.1 The company may, at its election and by notice in writing to a Business Travel Associate, terminate the authorization to operate as a Business Travel Associate, or de-sponsor the Business Travel Associate from his Business Group, if one or more of the following occurs:


  1. If, in Company’s opinion, the Business Travel Associate provided false information at the time of joining (Registration Form) or at any later stage.
  2. If the Business Travel Associate makes a serious misrepresentation of the Company or the Company’s business, which in Company’s opinion, is not likely to be satisfactorily remedied by corrective actions.
  3. If the Business Travel Associate breaches any of these Rules & Regulations, Business Plan, Travel Plans(s) and Policies.
  4. If the Business Travel Associate is convicted of an offence punishable by a prison term.
  5. If the Business Travel Associate is suspended or disbarred from practicing his usual trade or profession by any association, institute or professional society.
  6. If the Business Travel Associate becomes the subject of bankruptcy.
  7. In the event that a Business Travel Associate dies.
  8. In the event that a Business Travel Associate is incapable of managing his affairs by reason of mental condition.
  9. If the Business Travel Associate commits a breach of terms and conditions of availing of any value added service including any payment thereof and / of fails to make payment of any Travel Plan / services provided by the Company.
  10. Person can buy only 9 packages for his/her family. If anybody buy more than 9 packages company will terminate all excess packages, company will not be responsible for his/her loss.

8.2 The decision of the Company regarding termination or de-sponsoring of a Business Travel Associate shall be final and binding on the Business Travel Associate.

8.3 Termination of the Business Travel Associate’s authorization to operate as an Business Travel Associate means the termination of all rights derived from said authorization, and in conjunction therewith, the right to receive any further income from or generated by him arising or accruing after the date of termination or accrued till date but not paid. Termination shall be effective upon the date specified by the Company in its written notice to the Business Travel Associate at the last mailing address of the BT available with the company.

8.4 De-sponsorship or “ de-sponsored from one’s Business Group” means the removal of a Business Travel Associate from his position as a sponsor in the line of sponsorship (including, at the absolute discretion of the Company, the removal of the Business Associate’s right to ever sponsor again in his current line of sponsorship or any other line of sponsorship) such removal being effected by written notice from the Company to the relevant Business Travel Associate and becoming effective on the date stated in such notice.



IX. TERMINATION AND DE-SPONSORSHIP BY THE COMPANY WITHOUT FORMAL COMPLAINT


9.1. The company may initiate termination, De-sponsorship, of a Business Travel Associate’s association with company in every matter even in the absence of a formal complaint. The Company shall not, however, take action against the Business Travel Associate or until the Company has first offered the violating Business Travel Associate an opportunity to explain and/or justify his conduct.

9.2. Where the violation has been of such magnitude as to bring into serious question the right of such Business Travel Associate to continue to operate his activity, the Company notwithstanding contained in these rules & regulation, may terminate without affording the Business Travel Associate the opportunity to rectify his past improper conduct.


X. JURISDICTION, DISPUTES AND ITS RESOLUTION


10.1 All disputes between the Company and the Business Travel Associates arising would be subject to laws of Union of India and shall be subject to Jurisdiction of Allahabad, Uttar Pradesh.

10.2 That in case, any dispute arises in respect of the validity, interpretation, implementation between the Company and the Business Travel Associates shall be referred to a sole arbitrator appointed by the Company and the arbitration would be in consonance with the provisions of the Arbitration and conciliation Act, 1996 or any subsequent enactment or amendment thereto, and the decision of the arbitration shall be binding upon the parties. The place of arbitration shall be at Allahabad

10.3 In case of multiple disputes that may in involve the company and more that one Business Associate for the cause of action, all parties hereby submit and consent to a single, consolidated arbitration proceeding.


XI. FORCE MAJEURE


11.1 It is expressly understood by the Company and the Business Travel Associate(s) that any act of God or Force Majeure, that includes but not limited to natural disaster, war accidents, fires, flood, or the public enemy, embargoes, riots, terrorist acts, operation of law, Government policies etc that may prevent the performance of any obligation under the Rules & Regulation, Business Plan, Travel Plan or the policies of the Company will not be construed as failure to perform the obligations/understanding/contract by the Company or the Business Travel Associate(s). However both the Company and the Business Travel Associate(s) will take necessary step towards normalizing performance of obligations/understanding/contract under the Rules & Regulation, Business Plan, Travel Plans(s) or the policies of the Company. The Company will not be responsible for any loss due to the other party in these circumstances.


XII. OTHERS


12.1 Any payment/reward etc made under any Business plan would be subject to deduction of Income tax or other applicable taxes at source.

12.2 It is deemed and mutually understood between the Company and the Business Travel Associate(s) that all the payments/ rewards etc under any Business plan is inclusive of service tax and the sole liability of payment thereof would be that of the Business Travel Associate(s).

12.3 The Business Travel Associate will keep the company and its management indemnified from any financial or other liability towards non-payment of taxes to be deducted at source and applicable Service Tax.

12.4 Headings to clauses in these Rules & Regulations are for the purposes of references only, and shall not be construed as indicative for the purposes of interpretation of any clause.

12.5 Spam : No Business Travel Associate shall ever engage in any Spam under any circumstances for any purpose whatsoever. Spam includes mass mailings, akin to junk-mail, either to news groups or electronic mail or unsolicited commercial and/or informational email, including limitation, commercial advertising and informational announcements, sent to unknown person / profile, unless the recipients have expressly asked to receive email announcing programs of this type.

14.1 Notwithstanding anything contained contrary to these Rules & Regulations, Business Plan, Travel Plans(s) or Policies of the Companies in the Registration/ Application form, Advertisement, website or at any other place than the Rules & Regulations, Business Plan or Policies of the Companies would overrule the same and would construe the true meaning and intent of the Company.

14.2 The Company will not be responsible for any loss (financial or otherwise) including the loss of passport that a Business Travel Associate may incur while availing any Travel Plan (package) which does not relate to the Company directly or indirectly