Welcome to TOURSWORLD.COM, this section is strictly provided to you on the basis of “know-how”, in case of any matter occurrences. We highly recommend you read the entire section so that you are provided with complete and in-depth knowledge and understanding about your rights and obligations alike.
In case of any Dispute, as in where, the Affiliate challenges a payment or the calculation of a commission or referral fee, the Affiliate will notify the Company in writing of any such Disputes or discrepancies (by whatever name called, and to be generally understood as a disagreement between the Company and the Affiliate) no later than 30 days after the end of the pay period in which the Disputed payment occurred. The Affiliate will include in its written “notice”, a detailed statement describing the nature and amount of the Dispute and all supporting evidence, to buttress its claim. The Affiliate will cooperate fully and in good faith with the Company to promptly address and try to resolve the Dispute. If the Affiliate fails to timely notify the Company in writing, the Parties (meaning, the Company and the Affiliate) will consider the Company’s determination on the said Dispute to be the correct and binding solution to the Dispute on the Affiliate, and the Affiliate will not dispute the Company’s determination, either at that point in time or at any other future point in time, thereafter
- 1. Litigation Election
Either Party may elect to litigate the following type of case or controversy:
- (a) an action seeking equitable relief, (in the event that a circumstance for equitable relief exists, under the circumstances of the dispute) or
- (b) a Suit to compel compliance with this dispute resolution section, in the event that such a suit is required, given the conditionality that separate enforcement of the dispute resolution section will normally not be required
- 2. Negotiation
Each Party will give the other a reasonable opportunity to comply before it claims that the other has not met its obligations under this agreement. Accordingly, the Parties will first meet and negotiate with each other in good faith to try to resolve all Disputes between the Parties relating to this Agreement. The aggrieved Party will submit to the defaulting Party, a written notice and supporting material describing all issues and circumstances related to the Dispute (a “Dispute Notice”). A primary representative designated (in writing) by each party will try to resolve the Dispute through discussions. If the Parties’ primary representatives fail to resolve the Dispute within 15 working days after receiving the said Dispute Notice, a vice president (or higher-level officer, by whatever name called) of each Party will try to resolve the same.
- 3. Dispute Resolution through the appropriate Courts in the Emirate of Dubai
If the vice presidents (or higher-level officers) of the parties are unable to resolve the said Dispute within 30 working days after receiving the said Dispute Notice, then either Party may, by notice to the other, demand dispute resolution under the appropriate Courts of the Emirate of Dubai.
- 4. Equitable Remedies:
The Affiliate acknowledges that breach by it of its obligations under this Agreement could cause irreparable harm for which damages would be an inadequate remedy. If any breach occurs or is threatened, the Company may seek an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.
- 5. Jurisdiction
- (a) If a Party brings any proceeding seeking an injunction, a restraining order, or any other equitable remedy to which that Party is entitled under this agreement, that Party will bring that proceeding only in the relevant Court of the Emirate of Dubai, and each Party hereby submits to the exclusive jurisdiction of those courts for purposes of any proceeding.
- (b) Each Party hereby waives any claim that any proceeding brought in accordance with section 5(a) has been brought in an inconvenient forum or that the venue of that proceeding is improper.
- 6. Recovery of Expenses
- (a) In any proceedings between the Parties arising out of this Agreement or relating to the subject matter of this Agreement, the prevailing Party will be entitled to recover from the other Party, in addition to any other relief awarded, all expenses that the prevailing Party incurs in those proceedings, including rational legal fees and expenses.
- (b) For purposes of clarification, “prevailing Party” means, for any proceedings, the Party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other Party on one or more other claims or counterclaims, neither Party will be the prevailing Party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither Party will be the prevailing Party in those proceedings.
- 7. Civil Action Waiver
The parties will conduct all proceedings to resolve a Dispute in any forum on an individual basis only. Neither the Affiliate nor the Company will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any proceeding with another without the advanced written consent of all parties to all affected proceedings.
- 8. Limited Time to Bring Claims:
A party will not bring a claim arising out of, or related to the subject matter of, this agreement more than one year after the cause of action arose. Any claim brought after one year is barred, unless with the permission of the relevant Court in the Emirate of Dubai.
*Affiliate refers to “Seller” Or “Partner”
*Company refers to “TOURSWORLD.COM”
*(‘meaning a disagreement between the Company and the Affiliate over the subject matter being discussed between them at any point in time’)