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Commission contract
The value of your timeshare
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Commission contract
I (Me) ___________________________________________________, hereinafter referred to as COMMITTENT, as one party and ALPA CONSULTING LIMITED, further named as COMISSION Agent, in the person of the General manager of Akenzua Adio, operating on the basis of the resolution of Board of Directors and Char-ter, as the other party and together «the PARTIES» concluded the Commission Contract (hereinafter — the Contract) as follows:
NAMES and DEFINITIONS USED in the CONTRACT
«Administrative (managerial) fee (contribution)» — annual payment for keeping the membership in the club vacation system (timeshare). The given fees are set by the club and depending on the Charter should be strictly paid by a club’s vacation system member. Otherwise there is risk of losing the membership in the club and in the system as well.
«Commission reward» — compensation to the COMMISSION AGENT under the Commission Contract according to the civil legislation of the Russian Federation. In case the COMMISSION AGENT has taken up the transaction execution guarantee by the third party (del credere) it is also an extra fee at a rate of and in order of the present Contract.
«Valuation conclusion» — the document establishing value of an estimation subject subject to the definition Technique of confirming membership in the system of club vacation (timeshare) certificate (document) cost by rules and in order of, set in the independent estimation carrying out Regulations to the certificate (document) confirming membership in system of club vacation (timeshare), approved by XANTO TRADING LLP company.
«Certificate» — the basic document confirming membership in the system of club vacation (timeshare) and its characteristics.
«Exchange system» — the organization giving a single exchange of membership in system of club vacation (timeshare) between various members of systems of club vacation (timeshare), incorporated (being a part) of united exchange system. Exchange Systems are subdivided into RCI и II.
“Timeshare” is a Club Recreation in the divided time mode in the club or an accommodation facility included in its catalog for a certain period of time (interval), at a certain time of each year (weekly module).
“Club Member” is an individual holding a club certificate. “Membership in the Club Recreation System (Club)” is the activities of a Club Member, aimed at achieving professional and business goals and obtaining income from the Club Recreation in the country (place) of temporary residence. The fact of membership in the club recreation system (timeshare) is a valuable certificate issued by the club's administration or a trust management company with appropriate powers. Any other document proving the fact of full payment of membership in the club recreation system (for example, a registered plastic card, purchase agreement, or other form of establishment by an organization that gives the right to hold membership in the system) is the basis for membership in the Club Recreation System (timeshare).
“Club Member” is an individual holding a club certificate. “Membership in the Club Recreation System (Club)” is the activities of a Club Member, aimed at achieving professional and business goals and obtaining income from the Club Recreation in the country (place) of temporary residence. The fact of membership in the club recreation system (timeshare) is a valuable certificate issued by the club's administration or a trust management company with appropriate powers. Any other document proving the fact of full payment of membership in the club recreation system (for example, a registered plastic card, purchase agreement, or other form of establishment by an organization that gives the right to hold membership in the system) is the basis for membership in the Club Recreation System (timeshare).
«Club Regulation» — rules regulating a legal status of members and club administration giving membership in system of club vacation (timeshare), membership conditions, payments procedure, system participants responsibility.
«Expert conclusion» — document establishing circumstances concerning real estate belonging, being the membership’s subject in system of club vacation (timeshare), membership type, status of the owner of the certificate (document), which affirms membership in the system, of club vacation, set in the Regulation about carrying out of an independent expert appraisal of the certificate (document) confirming membership in system of club vacation (timeshare), approved by company XANTO TRADING LLP.
1. CONTRACT SUBJECT
1.1. The COMMITTENT transfers to the COMMISSION AGENT the right to make transactions regarding transfer of real and removable property, belonging to the COMMITENT, to the third parties for a settled period of time (servitude) (membership in the club vacation system (timeshare)), owned by the COMMITENT (hereinafter — membership in the club vacation system (timeshare) or Product).
Characteristics of the Product are defined in the Specification confirmed by the Parties (the Attachment № 1 to the present Contract), being its integral part.
1.1. The COMMITTENT transfers to the COMMISSION AGENT the right to make transactions regarding transfer of real and removable property, belonging to the COMMITENT, to the third parties for a settled period of time (servitude) (membership in the club vacation system (timeshare)), owned by the COMMITENT (hereinafter — membership in the club vacation system (timeshare) or Product).
Characteristics of the Product are defined in the Specification confirmed by the Parties (the Attachment № 1 to the present Contract), being its integral part.
1.2. The COMMISSION AGENT has the right to select ways and the methods necessary for fulfill property of membership in system of club vacation (timeshare) transfer transactions. The COMMISSION AGENT has the right to make membership in system of club vacation (timeshare) property transfer transactions by means of corresponding data on property inclusion made out to realization in specialized data-bases; entering into the register of the certificates made out to realiza-tion; sending the information to secondary market sellers and presenta-tion platforms; carrying out own presentations and presentations par-ticipation; contracts conclusions to the third parties on realization of all specified above services, etc.
1.3. Property of membership of the COMMITTENT in system of club vacation (timeshare) transfer(sale, assignment) is a subject of propreital relations based on equality, will autonomy and property independence of the participants.
1.4. The COMMISSION AGENT shall be obliged to render to the COMMITTENT its membership in system of club vacation (timeshare) service presentation (advertising), and the COMMITTENT undertakes accepting the given services result and covering expenses on the in-voice issued by the COMMISSION AGENT within 3 (Three) bank days.
Parties agreed that the cost of services for the presentation of the COMMISSION AGENT ( advertising) membership COMMITTENT in system of club vacation ( timeshare ), will be 00 000 (Amount in word) Russian rubles , including VAT , which is 00 0000.00 Russian rubles .
Parties agreed that the cost of services for the presentation of the COMMISSION AGENT ( advertising) membership COMMITTENT in system of club vacation ( timeshare ), will be 00 000 (Amount in word) Russian rubles , including VAT , which is 00 0000.00 Russian rubles .
2. PARTIES OBLIGATIONS
2.1. COMMITTENT OBLIGATIONS:
2.1.1. The COMMITTENT is obliged to accept from the COMISSION AGENT all executed by order, to release the COMMISSION AGENT from its taken up assignment for the third party obligations execution.
2.1. COMMITTENT OBLIGATIONS:
2.1.1. The COMMITTENT is obliged to accept from the COMISSION AGENT all executed by order, to release the COMMISSION AGENT from its taken up assignment for the third party obligations execution.
2.1.2. After the
assignment’s implementation the COMMITTENT is obliged to pay the compensation
to the COMMISSION AGENT, as defined in
section 3.2.1 of this Treaty
2.1.3. Compensate the commission in addition to the payment of COM-MISSION AGENT , fees for the presentation time ( advertising time ) on the terms and in the manner specified in the para. 1.4 of this Agreement.
2.1.4. COMMITTENT not later than within 7 (seven) days from the date of re-ceipt of the white copy of the Contract and / or Annexes thereto from the COMISSION Agent, in the absence of disagreements, they shall be signed and one copy of signed documents shall be returned to the COMISSION Agent
2.2. COMMISSION AGENT OBLIGATIONS:
2.2.1. The COMMISSION AGENT is obliged to execute the undertaken obligation of transferring membership in system of club vacation (timeshare) into property, according to the COMITTENT’s instructions, on the most favorable conditions to the last one. The COMMISSION AGENT has the right to recede from these instructions if necessary by business circumstances in the interests of the COMMITTENT, and if the COMMISSION AGENT could not preliminary request the COMMITTENT or did not receive the duly inquiry answer.
2.2.1. The COMMISSION AGENT is obliged to execute the undertaken obligation of transferring membership in system of club vacation (timeshare) into property, according to the COMITTENT’s instructions, on the most favorable conditions to the last one. The COMMISSION AGENT has the right to recede from these instructions if necessary by business circumstances in the interests of the COMMITTENT, and if the COMMISSION AGENT could not preliminary request the COMMITTENT or did not receive the duly inquiry answer.
2.2.2. After the fulfillment of the obligation the COMMISSION AGENT shall give within 14 (Fourteen) days report to the COMMIT-TENT and transfer all received upon the executed obligation, also un-der the COMMITTENT requirement, transfer all the rights concerning the third party, following the COMMISSION AGENT’s transaction accomplished with this third party. The COMMITTENT having the report objections shall inform the COMMISSION AGENT of them within 7 (Seven) days from the date of report receipt, otherwise the report at other agreement absence is considered to be accepted.
2.2.3. Guarantee priority, with available applications conditions of urgent prior property transfer of membership in system of club vaca-tion (timeshare).
2.2.4. The COMMISSION AGENT shall carry out all the rights and obligations following its concluded transaction with the third party.
2.2.5. The COMMISSION AGENT is not responsible for the third par-ty transactions made with the AGENT at the expense of the COM-MITTENT, except for the cases when the COMMISSION AGENT did not show necessary caution choosing the person or took up the guaran-tee for transaction execution (del credere).
3. PARTIES RIGHTS
3.1. COMMITTENT RIGHTS:
3.1.1. To receive money from the property of membership in system of club vacation (timeshare) transfer at a rate of __________ standard units.
3.1. COMMITTENT RIGHTS:
3.1.1. To receive money from the property of membership in system of club vacation (timeshare) transfer at a rate of __________ standard units.
3.1.2. Resile from the Commission Contract at any time, warning the COMMISSION AGENT about the termination two months before.
3.2. COMMISSION AGENT RIGHTS:
3.2.1. To receive compensation at ___% rate of the money received from the third parties due to the fact of transferring them the property of membership in system of club vacation (timeshare);
3.2.1. To receive compensation at ___% rate of the money received from the third parties due to the fact of transferring them the property of membership in system of club vacation (timeshare);
3.2.2. Concluding works performance (rendering of services) contracts to the third parties directed to the property transfer of membership in the club vacation system (timeshare) to the third parties. The COM-MISSION AGENT is not responsible for the third party transaction execution accomplished with the AGENT at the expense of the COMMITTENT, except for the cases when the COMMISSION AGENT did not show necessary caution choosing the person or took up the guarantee for transaction execution (del credere).
4. COMMISSION AND PAYMENTS PROCEDURE
4.1. The COMMISSION AGENT, receives compensation at a rate of, specified in article 3.2.1 of the present Agreement at final settling with the COMMITTENT, and also the reimbursement, in case of the COMMITTENT prescheduled Commission Contract cancellation, deducting money received from the third parties due to the transfer, of membership in the club vacation system (timeshare).
4.1. The COMMISSION AGENT, receives compensation at a rate of, specified in article 3.2.1 of the present Agreement at final settling with the COMMITTENT, and also the reimbursement, in case of the COMMITTENT prescheduled Commission Contract cancellation, deducting money received from the third parties due to the transfer, of membership in the club vacation system (timeshare).
4.2. The commission agent after receiving funds from co-completion of the transaction for the transfer of ownership of the club's membership in the system rest (time share) to third parties liable to pay CO-MITENTU cash in the amount specified in paragraph 1.9. Of Annex № 1 (Specification number 1)
4.3. The compensation, and also the money the COMMISSION AGENT spent for presentation time (advertising time) connected with the COMMITTENT assignment execution, shall be paid to the COMMISSION AGENT in three-day term from the date the written report on assignment execution is submitted by the last one (the AGENT) to the COMMITTENT.
4.4. One standard unit according to the present Contract conditions equals 1 (one) EURO at the rate of the Central bank of the Russian Federation at the date of calculations.
4.5. In compliance with article 24 of the Tax code of the Russian Federation, the COMMISSION AGENT is not a tax agent.
5. The reception and transmission MEMBERSHIP IN THE CLUB HOLIDAY (Timeshare)
5.1. The COMMITTENT principal shall, within two (2) calendar days after receipt of 100% payment of the cost of membership in the club vacation (timeshare) transfer COMMISSION AGENT the following documents confirming his ownership of the membership in system of club vacation (timeshare)
●the original certificate - if COMMITTENT have it;
● original contract to purchase membership in system of club vacation (timeshare) in the club (traders, agency, trust company) - if COMMITTENT have it ;
● original card of a member of the exchange (RCI, II) ( if the owner of the membership in system of club vacation (timeshare), a member of the exchange system ) - if COMMITTENT have it;
● original power of attorney with the authority of the COMMITTENT principal to COMMISSION AGENT renewal of membership in system of club vacation ( timeshare ) in the respective club.
5.1. The COMMITTENT principal shall, within two (2) calendar days after receipt of 100% payment of the cost of membership in the club vacation (timeshare) transfer COMMISSION AGENT the following documents confirming his ownership of the membership in system of club vacation (timeshare)
●the original certificate - if COMMITTENT have it;
● original contract to purchase membership in system of club vacation (timeshare) in the club (traders, agency, trust company) - if COMMITTENT have it ;
● original card of a member of the exchange (RCI, II) ( if the owner of the membership in system of club vacation (timeshare), a member of the exchange system ) - if COMMITTENT have it;
● original power of attorney with the authority of the COMMITTENT principal to COMMISSION AGENT renewal of membership in system of club vacation ( timeshare ) in the respective club.
5.2. COMMITTENT sends documents to COMMISSION AGENT referred in paragraph 5.1 of this Agreement , with the preparation of the act of transfer and acceptance of membership in system of club vacation ( timeshare ) at the location of the COMMISSION AGENT
5.3. Ownership of membership in system of club vacation (timeshare) proceeds from the COMMITTENT to a third party after the receiving of 100% payment of the cost of membership in system of club vaca-tion (timeshare), from the moment of entering into the relevant doc-uments confirming the right of ownership of the membership in the club rest (timeshare), ordered for the transfer of membership of a par-ticular system of club vacation (timeshare) , the relevant details of the third party of his right to ownership of the membership in system of club vacation (timeshare). From that moment on the third party as-sumes all risk of accidental loss or accidental damage to membership in system of club vacation ( timeshare).
6. GUARANTEE AND ASSURANCE
6.1. The to the COMMISSION AGENT guarantees are:
• at the moment of signing the present Contract, membership in system of club vacation (timeshare) is not sold to the third parties, is not arrested under court decision, is not disputed, third parties at the moment of concluding the present Contract did not claim any prospective or valid rights for membership in system of club vacation (timeshare);
• the present Contract is not a mock or an artificial transaction made by violent influence such as delusion, deceit, violence, threat or ill-intentioned agreement of one side representative from another;
• at the moment of signing the present Contract, it (the Committent) is absolutely competent and able to comprehend the sense of its actions which are in control and accurately directed;
6.1. The to the COMMISSION AGENT guarantees are:
• at the moment of signing the present Contract, membership in system of club vacation (timeshare) is not sold to the third parties, is not arrested under court decision, is not disputed, third parties at the moment of concluding the present Contract did not claim any prospective or valid rights for membership in system of club vacation (timeshare);
• the present Contract is not a mock or an artificial transaction made by violent influence such as delusion, deceit, violence, threat or ill-intentioned agreement of one side representative from another;
• at the moment of signing the present Contract, it (the Committent) is absolutely competent and able to comprehend the sense of its actions which are in control and accurately directed;
6.2. the COMMITTENT is aware of:
— the COMMISSION AGENT has no information of any third parties that would wish to make a deal to become a member in system of club vacation (timeshare) at the moment of concluding the Contract;
— the COMMISSION AGENT does not request or demand any advanced payments from the COMMITTENT within the bounds of the present Contract implementation;
— the COMMISSION AGENT does not guarantee membership transfer (selling) in system of club vacation (timeshare) to the third parties;
— for appropriate implementation of its liabilities under the present Contract, an “Expert Judgment” and an “Estimation Report” for the transferring ownership in system of club vacation (timeshare) must be submitted;
— the COMMISSION AGENT has no information of any third parties that would wish to make a deal to become a member in system of club vacation (timeshare) at the moment of concluding the Contract;
— the COMMISSION AGENT does not request or demand any advanced payments from the COMMITTENT within the bounds of the present Contract implementation;
— the COMMISSION AGENT does not guarantee membership transfer (selling) in system of club vacation (timeshare) to the third parties;
— for appropriate implementation of its liabilities under the present Contract, an “Expert Judgment” and an “Estimation Report” for the transferring ownership in system of club vacation (timeshare) must be submitted;
6.3. the PARTIES assure that:
• in accordance to the para.3 of the Article 428 of the Russian Federation Civil code:
○ neither Party was put in a position that comprises a significant hindrance to agreement upon another contents of particular terms of the present Contract;
○ the terms of the present Contract were defined by the both Parties;
○ the negotiating power equality is evident;
• the present Contract conditions are not defined by them in forms or any other standard patterns;
• there is a right to make changes to the present Contract when each change is under agreement to an opposite side;
• presented Contract is not a version of a Connection contract.
• in accordance to the para.3 of the Article 428 of the Russian Federation Civil code:
○ neither Party was put in a position that comprises a significant hindrance to agreement upon another contents of particular terms of the present Contract;
○ the terms of the present Contract were defined by the both Parties;
○ the negotiating power equality is evident;
• the present Contract conditions are not defined by them in forms or any other standard patterns;
• there is a right to make changes to the present Contract when each change is under agreement to an opposite side;
• presented Contract is not a version of a Connection contract.
7. PARTIES RESPONSABILITIES
7.1. The COMMISSION AGENT is responsible for the safety of the original documents delivered to the verification. In case of document’s loss or destruction the COMMISSION AGENT restores the given documents at its own expense unless it is proved, that loss, shortage or damage occurred not through its fault.
7.1. The COMMISSION AGENT is responsible for the safety of the original documents delivered to the verification. In case of document’s loss or destruction the COMMISSION AGENT restores the given documents at its own expense unless it is proved, that loss, shortage or damage occurred not through its fault.
7.2. The COMMISSION AGENT pays to the COMMITTENT 0,01% of the amount specified in article .3.1.1. of the Contract, for every day of delay in their transaction (payment).
7.3. In case of obligations breach the COMMITTENT pays to the COMMISSION AGENT fine (penalty fee) at a rate of 0,2% of the amount specified in article 3.1.1 of the present Contract for every day of delay, thus the sum of the made payment insufficient for full debts repayment, repays the penalty first, and the remaining part repays the basic debt.
7.4. In case of obligations breach the COMMISSION AGENT pays to the COMMITTENT fine (penalty fee) at a rate of 0,2% of the sum specified in article 3.1.1 of the present Contract for every day of delay.
7.5. Penalty payment does not release the PARTY from obligations execution taken up pursuant to the present Contract.
7.6. The COMMISSION AGENT is not responsible for terms transfer-ring of payment by the third parties for the transactions concluded by the COMMISSION AGENT in connection with property of member-ship in system of club rest (timeshare) transfer.
7.7. In case the total
debt of the COMMITTENT towards the COMMISSION AGENT within the framework of the
obligations that are related and not related to the execution of the resent
Contract, exceeds 70% of the amount indicated in the para. 1.4. of the present
Contract, the COMMISSION AGENT has the right to repudiate the present Contract.
7.8. In case of occurrence
of circumstances indicated in the para.
7.7. of the present Contract, the COMMISSION AGENT is entitled to notify
the COMMITTENT about the termination of the present Contract within not later
than 30 (thirty) days.
7.9. The present Contract is canceled (regarded as terminated) on expiration of the period indicated in the para. 7.9. of the present Contract.
7.9.1. The COMMITTENT is regarded as duly notified in case the notification indicated in the para. 7.9. of the present Contract, has been served to it personally against written acknowledgment in the form of the delivery confirmation that is subject to return to the COMMISSION AGENT or any other document with the serving date and time and the source of information.
7.9.2. The COMMITTENT is also regarded as having duly received the notification indicated in the para.
7.9.2.1. the addressee has refused to receive the claim, and this refusal has been documented by the mail (express-mail/courier) service; 7.9.2.2. in spite of the mail (express-mail/courier) service notice, the addresse hasn't appeared and collected the claim filed by the COMMISSION AGENT in accordance with the established procedure, and the mail (express-mail/courier) service has notified the COMMISSION AGENT to that effect;
7.9.1. The COMMITTENT is regarded as duly notified in case the notification indicated in the para. 7.9. of the present Contract, has been served to it personally against written acknowledgment in the form of the delivery confirmation that is subject to return to the COMMISSION AGENT or any other document with the serving date and time and the source of information.
7.9.2. The COMMITTENT is also regarded as having duly received the notification indicated in the para.
7.9.2.1. the addressee has refused to receive the claim, and this refusal has been documented by the mail (express-mail/courier) service; 7.9.2.2. in spite of the mail (express-mail/courier) service notice, the addresse hasn't appeared and collected the claim filed by the COMMISSION AGENT in accordance with the established procedure, and the mail (express-mail/courier) service has notified the COMMISSION AGENT to that effect;
7.10. The COMISSION AGENT shall
have the right to suspend the fulfilment of obligations under this Contract
until the corresponding violations are eliminated in the following cases:
7.10.1. in case of signing of the
Contract with the Statement of Disagreements by the COMMITTENT without prior
harmonization of these disagreements with the COMISSION AGENT
7.10.2. In case of COMMITTENT breach
of the Contract and/or Annexes thereto, provided for in par. 2.1.4 of the
Contract.
7.10.3. In case of COMMITTENT breach of the procedure for
signing the Contract and/or Annexes thereto, provided for in par. 10.10. of the
Contract.
8. FORCE-MAJEUR
8.1. At force majeur circumstances that the PARTIES consider as complicating for the present Contract execution such as military actions, acts of nature, epidemics, prohibitive certificates of the state bodies, judicial certificates, fires, earthquakes and flooding, the PARTIES are then released from the responsibility for wrong time obligations execution according to the present Contract for the period of such circumstances action but on condition of the immediate notice of the above-stated circumstances approach to other PARTY.
8.1. At force majeur circumstances that the PARTIES consider as complicating for the present Contract execution such as military actions, acts of nature, epidemics, prohibitive certificates of the state bodies, judicial certificates, fires, earthquakes and flooding, the PARTIES are then released from the responsibility for wrong time obligations execution according to the present Contract for the period of such circumstances action but on condition of the immediate notice of the above-stated circumstances approach to other PARTY.
9. DISPUTES RESOLUTION ORDER
9.1 Compliant procedure is mandatory for pre-trial settlement of disputes. If the claimant is COMISSION AGENT, the time for consideration of the claim is 30 (thirty) days from the date of acknowledged delivery receipt by the addressee. In case the claim is returned to the person who sent it, then regardless of the reason for its return, it is considered to be received by the addressee. If the claimant is COMMITTENT, the period claim consideration is 30 (thirty) days from the date of registration of the claim in the incoming correspondence book of the COMISSION AGENT, which is entrusted with responsibility to keep such book
9.2. Any arguments appearing or that might appear under the Contract (specific legal relation) between the PARTIES also connected with its conclusion, execution (non-execution or incorrect execution), alteration, abrogation, ineffectiveness (fully or partly) shall be resolved by arbitration administered by the Arbitration Center at the autonomous non-profit organization "Institute of Contemporary Arbitration" in accordance with the provisions of the Arbitration Rules..
10. MISCELLANOUSPROVISIONS
10.1. Unless otherwise specified in this Agreement,the COMMITTENT carries out business activities.
10.1. Unless otherwise specified in this Agreement,the COMMITTENT carries out business activities.
10.2. The COMMITTENT enters the Contract not aiming to receive any results, data, information etc. for personal, family or any domestic usage. The COMMITTENT carries out business activity only;
10.3. The present Contract validity (duration) is 1 (one) year from the moment of signing by both parties. After the present Contract termination, it is considered to be abrogated (annulled). COMMISSION AGENT have the right to accept to consideration the claim of the COMMITTENT according to article 9.1 of the present Contract within 15 (fifteen) days after date of its cancellation.
10.4. The present Contract is maybe prolonged on new timeframe under the application of one of the sides, declared about its prolongation 30 (thirty) days prior to the expiry of the term specified in article 10.3 of the present Contract.
10.5. The PARTIES take strict confidentiality concerning all available information, and any data, except for data necessary for the transfer of membership in system of club vacation (timeshare), will not be divulged.
10.6. Upon the rest that it is not specified by the present Contract, the PARTIES are guided by the current legislation of the Russian Federation.
10.7. After signing the present Contract all the previous negotiations and correspondence lose the force.
10.8. All changes, additions, agreements and attachments to the present Contract are its integral part and considered valid if they are signed by both Parties. Thus received by the COMMISSION AGENT the faxes admit valid, if there is a signature of the COMMITTENT in the fax and it is undersigned and pressed by the COMMISSION AGENT as well. The COMMISSION AGENT also has the right to direct to the COMMITTENT facsimile communication documents, thus the fact of acknowledgment of the document direction and reception is an extract from a log-book of proceeding faxes of the COMMISSION AGENT, the
duty is assigned to the COMMISSION AGENT. All other correspondence of the parties is carried out by certified mails with the notification upon receipt. Facsimile copies of the present Contract are admitted valid observing the conditions specified in the present article of the Contract concerning the faxes.
duty is assigned to the COMMISSION AGENT. All other correspondence of the parties is carried out by certified mails with the notification upon receipt. Facsimile copies of the present Contract are admitted valid observing the conditions specified in the present article of the Contract concerning the faxes.
10.9. The COMMITTENT has not right to transfer the rights upon the present Contract to the third parties without the written approval of the COMMISSION AGENT.
10.10. When signing this
Agreement, each page thereof shall be
subject to requisite handwritten signature.
10.11. To the extent not regulated by this Agreement the relations between the Parties should be regulated by material and processual law of the Russian Federation.
10.12. If any inconsistency in text in foreign languages of this Agree-ment is present, it should be ruled by the Russian language version.
10.13. The present Contract is signed in two original copies, one for each PARTY, each having an identical validity.
11. LEGAL ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES
COMMISSION AGENT
ALPA CONSULTING LIMITED
Company Number: 2017/499886/07
Address No.1 Bridgeway
Century City,
CAPE TOWN, R.S.A. 7441
Tel.: +2721 830-5465
Dir. Line: +2721 830-5465
An address of office is in Russia: 125009, Russia, Moscow, Bolshaya Dmitrovka street, 5/6 bld 3
Tel./fax: +7 (495) 245 0 245
E-mail: time@alpa-consulting.com
General manager
____________________________________________ Akenzua A.
L.S.
COMMITTENT
Full name: ______________________
Nationality: _____________________
Date of birth: ___________________
Place of birth: ___________________
Residence: ______________________
Tel/Fax: _______________________
E-mail: _______________________
ID (name, series, number, delivery date, issued by, other info): ______________________
______________________________________FIO.
11. LEGAL ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES
COMMISSION AGENT
ALPA CONSULTING LIMITED
Company Number: 2017/499886/07
Address No.1 Bridgeway
Century City,
CAPE TOWN, R.S.A. 7441
Tel.: +2721 830-5465
Dir. Line: +2721 830-5465
An address of office is in Russia: 125009, Russia, Moscow, Bolshaya Dmitrovka street, 5/6 bld 3
Tel./fax: +7 (495) 245 0 245
E-mail: time@alpa-consulting.com
General manager
____________________________________________ Akenzua A.
L.S.
COMMITTENT
Full name: ______________________
Nationality: _____________________
Date of birth: ___________________
Place of birth: ___________________
Residence: ______________________
Tel/Fax: _______________________
E-mail: _______________________
ID (name, series, number, delivery date, issued by, other info): ______________________
______________________________________FIO.
SPECIFICATION № 1
To Commission contract dd «__» _____ 20__ №____
1. COMMITTENT according to a Commission Contract dd «__» ____ 20__ №_____ (hereinafter — the Contract) offers COMMISSION AGENT has a right to make transfer property (sale) transactions of the Product to the third parties on its own behalf and at his expense:
— real estate property for certain periods (servitude), club owned (membership in system of club rest (timeshare)):
To Commission contract dd «__» _____ 20__ №____
1. COMMITTENT according to a Commission Contract dd «__» ____ 20__ №_____ (hereinafter — the Contract) offers COMMISSION AGENT has a right to make transfer property (sale) transactions of the Product to the third parties on its own behalf and at his expense:
— real estate property for certain periods (servitude), club owned (membership in system of club rest (timeshare)):
1.1. The PRINCIPAL delegates the COMMISSION AGENT the right to carry out transactions on its own behalf and at its expense to transfer the ownership (sale, assignment) to third Parties of the membership of the PRINCIPAL in the club recreation (timeshare) system specified in the Specification (Appendix No. 1 to this Agreement) that is an integral part hereof, the owner of which is the PRINCIPAL.
1.2. The Commission Agent has the right to independently choose the techniques and methods necessary for making transactions for the transfer of ownership (sale, assignment) of the membership of the PRINCIPAL in the club recreation system (timeshare). The COMMISSION AGENT has the right to make transactions on transferring the membership of the PRINCIPAL into the club recreation system (timeshare) by including relevant information on the property being put up for sale in specialized databases; entering in the register issued for the implementation of certificates; distribution of information to sellers of the secondary market and presentation platforms; carrying out of own presentations and share participation in presentations; the conclusion of contracts with third parties for the implementation of all the above services, etc.
1.3. System of club vacation (timeshare) membership characteristics:
Certificate (the document) series: _____
Certificate (the document) number: _____
Certificate (the document) issue date: _____
The Contract number: _____
The Contract date of signature: _____
Type of membership: _____
Period of membership: _____
Starting date: _____
Ending date: _____
Space bank membership: _____
Space bank number: _____
Статус права собственности: _____
Membership (timeshare) cost: _____
Deposit: _____
Apartment type: _____
Season: _____
Range(interval) quantity: _____
Range(interval) number: _____
Number of weeks sold: _____
Apartment (room) number: _____
Score (point) system member/ number of points: _____
Certificate (the document) series: _____
Certificate (the document) number: _____
Certificate (the document) issue date: _____
The Contract number: _____
The Contract date of signature: _____
Type of membership: _____
Period of membership: _____
Starting date: _____
Ending date: _____
Space bank membership: _____
Space bank number: _____
Статус права собственности: _____
Membership (timeshare) cost: _____
Deposit: _____
Apartment type: _____
Season: _____
Range(interval) quantity: _____
Range(interval) number: _____
Number of weeks sold: _____
Apartment (room) number: _____
Score (point) system member/ number of points: _____
1.4. Real estate (resort) object of system of club vacation (timeshare) membership burden and maintenance:
Annual maintenance:
Purchasing price:
Debt:
Debt occurrence:
Debt amount:
Penalty (fee):
Total debt sum:
Annual maintenance:
Purchasing price:
Debt:
Debt occurrence:
Debt amount:
Penalty (fee):
Total debt sum:
1.5. System of club vacation (timeshare) membership is:
__ _____
__ _____
__ _____
__ _____
1.6. At the moment of signing the present Specification, system of club vacation (timeshare) membership is:_____.
1.7. System of club vacation (timeshare) membership cost is: 00 000 EURO
1.8. The remuneration of the Commissioners of 12% of the amount we mentioned in § 1.7.
1.9. The amount payable is the principal shall 00 000EURO
2. The present Specification is an integral part of the Contract.
3. The present Specification is made in two original copies, one for each party, each having an identical validity.
4. All rest, not specified by the present Specification (the Appendix to the Contract), the Contract’s conditions operate.
COMMISSION AGENT
General manager
___________________________________________ Panchariya M.
L.S.
COMMITTENT
_______________________________________________ FIO
COMMISSION AGENT
General manager
___________________________________________ Panchariya M.
L.S.
COMMITTENT
_______________________________________________ FIO
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