This TRAVEL AGENT INDEPENDENT CONTRACTOR AGREEMENT is entered into between CONSIDER IT BOOKED, and the Independent Contractor whose initials appear upon each page, hereinafter referred to as the IC or Agent.
1. IC Acceptance Standards - CONSIDER IT BOOKED has the sole discretion to accept or decline IC under this Agreement. Consider it Booked will not approve IC's with any financial criminal history including writing worthless checks, embezzlement, credit card fraud, identity theft, or larceny.
2. Criminal Background Authorization - The IC authorizes CONSIDER IT BOOKED or any designated agent(s) working on CONSIDER IT BOOKED’s behalf to obtain and review all court documents. It is the IC's understanding that the information being obtained will not be used in violation of any federal or provincial equal opportunity law or regulation. The IC understands the nature and scope of said inquiries may include, but are not limited to, verification of any lawfully available records or information pertaining to work history; education; criminal and civil court related action; and any other information available from any public or otherwise documented record. The IC hereby states that to the best of his/her knowledge all information provided to CONSIDER IT BOOKED is true and accurate. The IC understands that any misrepresentation by the IC made to CONSIDER IT BOOKED will exclude him/her from further consideration as an IC and may result in termination of the Agreement with CONSIDER IT BOOKED if the IC is approved by CONSIDER IT BOOKED before such misrepresentation is discovered.
3. Duties of Independent Contractor - The IC is a self-employed business individual who desires to sell travel and travel services to the public.
4. Compensation - IC’s compensation is fully commission-based. As compensation for the services rendered under this Agreement, the IC shall be entitled to a minimum base commission rate of 60% of the total point of sale commission generated by the IC and received by CONSIDER IT BOOKED.
5. Method of Payment - The IC shall be paid bi-monthly by CONSIDER IT BOOKED thru Direct Deposit on all commission that was received by Consider it Booked during the previous commission cycle.
6. Errors & Omissions Insurance (Professional Liability Insurance) - The IC is covered under a master Professional Liability policy for $2,000,000.00 in liability protection. A deductible applies to all claims. Insurance is provided by a 3rd party insurer. The insurer, coverage's, benefits, policy terms & conditions, and deductibles are subject to change without notice.
7. Remittance of Money - Any money (cash/cheque) due for any bookings done by the IC on behalf of his or her client shall be remitted to the proper travel supplier within the allotted time set forth by the supplier.
8. IATAN / CLIA ID Cards - These 3rd party issued travel industry identification cards are not the property of the IC or CONSIDER IT BOOKED. CONSIDER IT BOOKED and the IC will abide by all rules and policies for the issuance, renewal, and termination of these travel industry identification cards. Upon termination of this Agreement, any CLIA or IATAN cards issued to the IC will become invalid and must be destroyed or returned immediately to IATAN and/or CLIA. The IC is responsible for any unauthorized use of the cards after termination.
9. Independent Contractor Will Provide Their Own Supplies and Be Responsible for Their Expenses - The IC is encouraged to utilize promotional materials and shall otherwise be responsible for all expenses incurred in performing his/her duties under this Agreement.
10. Work Hours - The IC may work whenever he/she desires. No fixed hours are required by CONSIDER IT BOOKED. The IC shall not be required to attend office meetings and all scheduled training is voluntary and provided as an additional learning tool to the IC. No compensation may be earned by the IC other than the standard commission rate. In compliance with the licensing bureau and insurance agency, IC’s are required to complete the self-paced online Travel Agent University that is provided to all new IC’s.
11. CONSIDER IT BOOKED Fee Schedule (Mail, Ticketing, Processing, Chargebacks, etc) - The current CONSIDER IT BOOKED Fee Schedule can be located on the Consider it Booked Agent Portal. Any fees assessed against CONSIDER IT BOOKED will be deducted from the IC's commission or charged to the credit card on file. For airline ticket issue, exchange, refund or void fees, the IC is not required to charge a service fee to their customers. If the IC does charge a service fee to their customer and transacts this fee through CONSIDER IT BOOKED the IC is entitled to receive their applicable commission percentage.
12. Place of Work - The IC may choose where the work is to be performed and is not required to work on the premises of CONSIDER IT BOOKED. IC is not required to answer the phones or perform any other duties at any CONSIDER IT BOOKED office. Consider it Booked does not regulate where in the World you live as long as you remain eligible for hire as a Canadian Citizen or Permanent Resident.
13. Risk of Loss/Profit Potential - The IC assumes the risk of incurring a loss if his/her share of sales commissions does not cover the IC's expenses. Similarly, IC enjoys the right to earn a healthy profit yielded by commissions shared pursuant to this Agreement.
14. No Entitlement to Vacation or Health Benefits as an Independent Contractor - As a self-employed individual, the IC shall not receive, or earn, any leave benefits from CONSIDER IT BOOKED and is not covered under any CONSIDER IT BOOKED medical plans.
15. Ability to Hire Assistants - The IC retains the right to employ assistants that he/she may hire at the IC's expense. Any assistant hired by the IC is strictly prohibited from booking or modifying any client reservations and is only authorized to perform clerical, marketing, or other non-booking essentials.
16. Independent Contractor Shall Be Responsible for Filing all Taxes on Commissions Earned - The IC agrees to be fully responsible for complying with all laws in connection with the performance of this Agreement, including, but not limited to, payment of any estimated taxes. The IC is also responsible for taxes for any employee(s). The IC agrees to indemnify and hold CONSIDER IT BOOKED harmless for any assessments against CONSIDER IT BOOKED because of any failure by the IC to properly pay income taxes (including estimated tax payments) and file returns in connection therewith.
17. Responsibility Related to Websites, Hardware, Software, Customer Databases, GDS - CONSIDER IT BOOKED is not responsible or liable for any direct or indirect loss of business, loss of use or inconveniences resulting from malfunctions, failures, downtime or maintenance of any hardware, software, GDS, booking portals, customer database, website hosting, webpage hosting, telephone lines, cable lines, intranet or internet. Neither party shall be responsible for downtimes, delays, software failures or nonperformance caused by natural acts or governmental authority, strike or labor disputes, breach of contract by suppliers, or any other cause beyond the reasonable control of that party.
18. Insurance & Licensing – IC’s are required to be covered by our group Errors & Omissions insurance policy but IC may purchase an additional policy at the IC’s expense. IC’s are required to pay the monthly insurance & licensing fee. CONSIDER IT BOOKED reserves the right to deduct this monthly charge from the IC's direct deposit account, pending earned commissions, or directly charge the credit card on file.
19. Ownership of Clients - Both IC and CONSIDER IT BOOKED acknowledge that all clients introduced to CONSIDER IT BOOKED by the IC are, and shall remain, the property of the IC. When this Agreement terminates, all clients of the IC shall be free to continue doing business with the IC independently, or through any other Travel Agency.
20. IC's Client Database and List Confidentiality Agreement - The IC's client database or list will always be the property of the IC. CONSIDER IT BOOKED and its respective third-party contractors may not use any IC customer database or list for any purpose without the express written consent of the IC. It is the responsibility of the IC to maintain a regular download and back-up of their customer database or list. CONSIDER IT BOOKED is not responsible for any loss of data regardless of the cause.
21. Separation with 10-Day Notice (Commission Earned) - This Agreement is terminable, without cause, at the will of either party by giving ten (10) days’ notice. The IC shall be entitled to all future compensation earned prior to the separation as provided in this Agreement. The IC is not entitled to further compensation for reservations made after the date of termination. All claims by the IC for commission payments on pending sales are null by the IC if not made in writing within ten (10) days of the separation. Any and all bookings under final payment cannot be released to another travel agency.
22. Immediate Termination (Commission Forfeited)- CONSIDER IT BOOKED reserves the right to immediately terminate, without notice, this Agreement with the IC for: The occurrence of circumstances that make it impossible or impracticable for the business of CONSIDER IT BOOKED to continue; The continued incapacity on the part of the IC to perform his/her duties; The willful or negligent breach of duty by the IC in the course of his/her performance under this Agreement; Misrepresentation, Dishonesty, Fraud, Theft, Identity Theft, Worthless Check Writing; Unprofessional Activities including, Inappropriate Conduct, including but not limited to, using abusive language, making slanderous comments or defamation of character directed towards CONSIDER IT BOOKED at any travel industry event including, but not limited to, trade shows, seminars-at-sea, and FAMS; Disruption of CONSIDER IT BOOKED business, including, but not limited to written, verbal or electronic adverse or derogatory communication through emails, chats, postings, blogging, bulletin boards, and message boards; Failure to pay fees within 15 days of the due date; Failure to comply with any Local, Provincial or Federal laws (travel related, civil, criminal) as currently written and/or amended; The IC authorizes or requests any supplier to send commission directly to the IC bypassing CONSIDER IT BOOKED; The IC or their clients send any monies directly to the supplier/vendor; Any alteration by the IC of CONSIDER IT BOOKED's or with any and all suppliers/vendors (In the unforeseen event that you encounter a supplier that has an address for CONSIDER IT BOOKED other than the address at the top of this Agreement, you are required to advise CONSIDER IT BOOKED so the correction can be made through our accounting department - do not update yourself); Violations of airline ticketing rules and/or ARC (Airline Reporting Corporation) rules; Violations of any supplier rules, including, but not limited to, rebating, discounting, deceptive or bait & switch advertising, ongoing failure to provide any promised upgrade or onboard credit, violation of a no-book status mandate/ruling held against you. If any of the above occurs, this Agreement will terminate immediately. Any and all bookings under deposit or final payment cannot be released to another travel agency and will be serviced by a Consider it Booked Travel Agent.
23. Adherence to The Professional Association of Travel Hosts (PATH) Code of Ethics - CONSIDER IT BOOKED is strongly committed to upholding the Code of Ethics of PATH. As part of this Agreement, IC also agrees to uphold the Code of Ethics as set out by PATH and other travel industry organizations such as ASTA, NACTA, CLIA, IATA, IATAN, and ARC. As such, if the IC commits any wrongful acts relating to the travel industry including, but not limited to, events causing termination as outlined in paragraph 22, IC specifically understands and consents to the information relating to the wrongful act being disseminated to other members of PATH, either verbally or in writing.
24. Cease and Desist - Upon termination of this Agreement, the IC must cease and desist from utilizing any proprietary information or systems, such as, but not limited to, our ARC, IATA, CLIA or booking phone number, CONSIDER IT BOOKED Agent Access website, GDS systems, booking software, and booking engines to hold, book or process any bookings for yourself, your company, or your clients. Any unauthorized use of our ARC, IATA, IATAN, CLIA or booking number after the termination of this Agreement, CONSIDER IT BOOKED will hold the IC accountable and no commissions will be rendered.
25. Separation of Independent Travel Agent - Independent Contractors who terminate their Travel Agent position with Consider it Booked within the first 180 days of will be assessed an agent recovery fee of $250. This fee is not prorated and will be assessed on terminations that occur for any reason. The 180-day period shall begin on the date the IC accepts the Terms & Conditions of this Independent Contractor Agreement and will cease at midnight 180 days later.
26. Seller-Of-Travel Law - If the IC operates, sells, or markets in a U.S. State or Canadian Province that has a Seller of Travel Law, the IC agrees to abide by those applicable laws as currently written and/or amended. It is the responsibility of the IC to check with the applicable government authority regarding these consumer protection laws and CONSIDER IT BOOKED strongly recommends that the IC consult a local attorney and/or any governmental agency within the IC's State or Province that regulates the selling of travel to consumers for any registration and/or other requirements that must be met for an IC to sell travel to the general public. Travel Agents selling travel services to residents of Ontario must be TICO registered.
27. Non-Disclosure, Non-Disruption and Confidentiality- The IC understands and agrees that in return for receiving any information or materials; written, verbal, or electronic concerning CONSIDER IT BOOKED and/or its affiliates, agrees to keep secret and not to divulge, disclose or communicate, either directly or indirectly, to any person, firm, partnership, corporation or any other entity whatsoever any information concerning the matters effecting or relating to the business of CONSIDER IT BOOKED and/or its affiliates, including but without limitation to, trade secrets, selling, marketing and advertising
procedures, past or present employees, past, present or pending clients, agents, subcontractors and affiliates, recruitment and training plans, agent commission programs, daily operations, corporate policies and procedures, supplier and vendor commission and override contracts or any other agreements with these suppliers and vendors, and any other information that CONSIDER IT BOOKED and its affiliates may deem confidential. The IC agrees not to act in any manner, either directly or indirectly, that may cause the disruption of business, direct any business away from, and/or to cause discord to the business of and/or business relationships of CONSIDER IT BOOKED and/or its affiliates.
28. Disclaimer and Limitation of Liability - CONSIDER IT BOOKED and/or its respective affiliates, agents, contractors or vendors shall not be liable to an IC for any damages including, but not limited to; direct, indirect, consequential, incidental or special damages, lost data, hackers, delays, lost profits, loss of revenue or any other economic loss, cost or expense arising from or related to this Agreement, whether arising out of contract, warranty, negligence, or otherwise.
29. Complete Agreement / Modification or Waiver- This Agreement represents the complete understanding of the parties with respect to the described Independent Contractor relationship. No waiver, amendment, or change of any provisions of this Agreement shall be deemed binding unless the change is made in writing and acknowledged by both the IC and Consider it Booked.
30. Legal Fees/Venue - Any controversies or claims arising out of or relating to this Agreement, or the making, performance, or interpretation thereof, shall be litigated in the Courts of Edmonton, Alberta. CONSIDER IT BOOKED reserves the right to recover reasonable attorney's fees and costs associated with defending such litigation.
31. Partial Validity of Agreement - If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner.
32. Law Governing Agreement - This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta in the Country of Canada and applies to all IC’s regardless of their Province of residency.