This document is essential for businesses in Malaysia seeking to formalize their relationship with booking agents who will represent their services in the market. A Booking Agent Contract is particularly crucial in the tourism and hospitality sectors, where it provides the legal framework for agents to secure bookings on behalf of hotels, tour operators, event venues, or other service providers. The agreement ensures compliance with Malaysian legislation, including the Contracts Act 1950, Tourism Industry Act 1992, and Consumer Protection Act 1999. It typically includes detailed provisions for commission structures, booking procedures, territory rights, performance expectations, and data protection measures, making it suitable for both domestic and international booking arrangements.
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1. Parties: Identification of the Principal (the business seeking booking services) and the Booking Agent
2. Background: Context of the agreement, nature of the Principal's business, and purpose of engaging a booking agent
3. Definitions: Key terms used throughout the agreement including 'Bookings', 'Commission', 'Territory', 'Booking Platform', etc.
4. Appointment and Territory: Scope of agent's appointment, whether exclusive or non-exclusive, and defined geographical territory
5. Agent's Obligations: Core responsibilities including booking management, customer service, and reporting requirements
6. Principal's Obligations: Responsibilities including providing information, maintaining service quality, and supporting the agent
7. Commission Structure: Payment terms, commission rates, calculation methods, and payment schedule
8. Booking Procedures: Process for handling bookings, confirmations, modifications, and cancellations
9. Term and Termination: Duration of agreement, renewal terms, and grounds for termination
10. Intellectual Property: Usage rights for trademarks, logos, and marketing materials
11. Confidentiality: Protection of business information and customer data
12. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction for dispute resolution
1. Marketing and Promotion: Optional section detailing marketing responsibilities and cost-sharing arrangements if the agent is involved in promotion
2. Performance Targets: Include when specific booking targets or KPIs are part of the agreement
3. Training Requirements: Required when the Principal provides specific training for the agent's staff
4. Insurance: Optional section specifying insurance requirements if handling high-value bookings or specific risks
5. Data Protection: Detailed section needed when handling significant personal data or operating across borders
6. Force Majeure: Important for tourism-related contracts, especially given recent global events
7. Non-Compete: Include when restricting agent from representing competing businesses
8. Dispute Resolution: Optional detailed procedures for mediation or arbitration before court proceedings
1. Commission Schedule: Detailed breakdown of commission rates for different types of bookings or services
2. Territory Map: Geographical boundaries of the agent's territory if applicable
3. Booking Procedures Manual: Detailed operational procedures and workflows for handling bookings
4. Marketing Guidelines: Brand guidelines and approved marketing materials usage
5. Service Level Agreement: Specific performance metrics and response time requirements
6. Approved Booking Platforms: List of authorized booking systems and platforms to be used
Authors
Relevant legal definitions
Clauses
Relevant Industries
Tourism
Hospitality
Entertainment
Events Management
Travel Services
Accommodation Services
Transportation Services
Cultural Tourism
Business Tourism
Sports Tourism
Relevant Teams
Legal
Sales
Operations
Revenue Management
Business Development
Commercial
Marketing
Finance
Customer Service
Relevant Roles
Business Development Manager
Contracts Manager
Legal Counsel
Sales Director
Operations Manager
Revenue Manager
Commercial Director
Tourism Manager
Booking Coordinator
Channel Manager
Partnership Manager
General Manager
Marketing Director
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