Commercial Agreement
Between Bluesky Strategies LLC and the User
This Agreement is entered into between Bluesky Strategies LLC DBA Tour Cracker LLC (Tax ID 99-1314464), represented by its authorized representatives (hereinafter referred to as "Tour Cracker"), and the user (hereinafter referred to as the "Travel Agency" or "User"), who accepts these terms upon accessing or utilizing the Tour Cracker platform.
1. Purpose of the Agreement
1.1. The purpose of this Agreement is to facilitate access to a global platform provided by Tour Cracker, enabling Users to purchase and manage reservations for activities, ground services, transfers, excursions, entry tickets, and other destination services worldwide.
1.2. Tour Cracker grants Users access to its platform, which includes availability, rates, and booking systems, enabling the purchase of Travel Services.
1.3. This Agreement establishes the terms under which Tour Cracker provides the platform, along with the responsibilities of both parties in the management of bookings and commissions.
2. Obligations of Tour Cracker
2.1. Tour Cracker agrees to:
Provide access to its platform for Users to browse and book Travel Services.
Maintain the functionality of its platform and notify Users of any updates or changes that may affect bookings.
2.2. Tour Cracker shall confirm bookings only upon receipt of 100% payment, either via the User's or its client’s credit card payment.
2.3. Tour Cracker shall provide Users access to a detailed statement of all bookings to collect their monthly commissions at the end of each month.
2.4. Upon acceptance of this Agreement, Tour Cracker will contact the User via the email address provided during registration with their login credentials, contact information, and specific details regarding payment processes, including bank details. For security reasons, these details are not included or requested in this Agreement or shared publicly.
3. Obligations of the User
3.1. Users agree to:
Use the Tour Cracker platform exclusively for booking Travel Services.
Provide accurate and timely information required for reservations (e.g., client details, travel dates, and specific requirements).
Comply with the payment terms outlined in this Agreement, ensuring full payment is completed before bookings are confirmed.
3.2. Users are responsible for ensuring the accuracy of any information provided during the booking process.
4. Commission and Payment Terms
4.1. Users will receive a 10% commission on the total value of each reservation made through the platform.
4.2. Commissions will be calculated monthly, and Users must submit a detailed legal document (invoice or receipt) to Tour Cracker to process payment.
4.3. Tour Cracker will process payments within 15 business days after the end of the month.
5. Independent Contractor Relationship
5.1. This Agreement does not create any employment relationship, joint venture, or partnership between the parties. Each party acts independently and is responsible for its respective obligations under this Agreement.
6. Force Majeure
6.1. Neither party shall be held liable for failure to perform its obligations under this Agreement due to unforeseen events beyond their reasonable control, including but not limited to acts of God, government actions, or natural disasters.
7. Term and Termination
7.1. This Agreement shall remain valid until terminated by either party.
7.2. Either party may terminate this Agreement by ceasing access or use of the platform, with outstanding commissions to be settled within 30 business days.
8. Governing Law and Jurisdiction
8.1. This Agreement is governed by the laws of the State of Florida, USA, with Miami as the designated place of jurisdiction.
9. Confidentiality
9.1. Both parties agree to maintain the confidentiality of all information exchanged under this Agreement.
Acceptance of Terms
By accessing or utilizing the Tour Cracker platform, the User acknowledges and agrees to the terms outlined in this Agreement. Tour Cracker reserves the right to update or modify these terms at any time, with notification provided via email or platform announcement.