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INVITATION FOR SUBMISSION OF BIDS FOR SRILANKAN HOLIDAYS GROUND OPERATORS

REFERENCE NO: 2019/SHGO/01

SRILANKAN AIRLINES COMMERCIAL PROCUREMENT DEPARTMENT AIRLINE CENTRE BANDARANAYAKE INTERNATIONAL AIRPORT KATUNAYAKE SRI LANKA

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Section I. Instructions to B i d de r (ITB)

A: General

1. Scope of Bid 1.1 SriLankan Airlines invites you to submit a bid as the Ground Operator for SriLankan Holidays as specified in Section III - Schedule of Requirements.

You are requested to confirm your intention to submit a bid by

forwarding the duly filled Bid Acknowledgement Form attached, 07

working days prior to bid closing date.

B: Contents of Documents

2. Contents of

Documents

2.1 The documents consist of the Sections indicated below.

• Section I. Instructions to Bidders

• Section II. Data Sheet

Sections III. Bid Submission Form

Section IV. General Conditions

Annexure A : Bid Acknowledgement Form

Annexure B : Technical/General Specifications & Compliance form

Annexure C : Bid Securing Declaration Form

Annexure D : Performance Bond

Annexure E : Clientele Information Form

Annexure F : Rate Sheet

Annexure G : Fact Sheet

Annexure H : Draft Contract

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C: Preparation of Bid

3. Documents

Comprising

your Bid

3.1 The document shall comprise the following:

Sections III : Bid Submission Form

Annexure B : Technical/General Specifications & Compliance Form

Annexure C : Bid Securing Declaration Form

Annexure E : Clientele Information Form

Annexure F : Rate Sheet

Annexure G : Fact Sheet

4. Bid

Submission

Form and

Technical/

General

Specifications

& Compliance

form

4.1 The Bidder shall submit the Bid Submission Form using the form furnished

in Section IV. This form must be completed without any alterations to its

format, and no substitutes shall be accepted.

All blank spaces shall be filled in with the information requested.

5. Prices

5.1 Unless stated in Data Sheet, all items must be priced separately in the Price

Schedule Form.

5.2 The price to be quoted in the Bid Submission Form shall be the unit price

of the Bid.

5.3 Prices quoted by the Bidder shall be fixed during the period specified

in ITB clause 8.1 and not subject to variation on any account. A Bid

submitted with an adjustable price shall be treated as non-responsive

and may be rejected.

6. Currency 6.1 The Bidders shall quote in foreign currency or in Sri Lanka Rupees.

7. Documents to

Establish

Conformity of

the Goods

7.1 The Bidder shall submit following documents along with the bid for

evaluation:

1. Rate sheet valid for 6 months as per the format attached. (Attached

in Annexure F)

2. Hotel & restaurant fact sheet as per the format attached. (Attached

in Annexure G)

8. Period of

Validity of bid

8.1 Bids shall remain valid for a period of 180 days after the bid submission

deadline date.

9. Bid Securing

Declaration

9.1 The Bidder shall furnish as part of its bid, a Bid Securing Declaration, using

Form included in Annexure D.

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10. Format and

Signing of Bid

10.1 The bid shall be typed or written in ink and shall be signed by a person duly

authorized to sign on behalf of the Bidder. Please ensure all documents are duly

signed and stamped in the given area when forwarding.

D: Submission of Samples

11. Submission of

Samples

11.1 It is advised to forward the bids and samples separately to avoid

any delays in receiving the bid on time for the public opening.

11.2 Bids without proper samples/ unidentifiable samples will be subject to

rejection.

11.3 If any bidder wishes to hand deliver samples, please contact SriLankan

Airlines staff well in advance, for the arrangement of security clearance.

Refer Section 11, Data sheet, clause 16.2 for contact details.

E: Submission and Opening of Bid

12. Submission of

Bid

12.1 Bidders shall submit their bids by registered post, courier or by hand

in a sealed envelope.

12.2 The sealed envelope shall bear the specific identification of this bid

exercise as indicated follows:

“ Ground Operators for SriLankan Holidays - 2019/SHGO/01”

12.3 It is advised to forward the bids and samples separately to avoid any delays in receiving the bid on time for the public opening.

12.4 If any bidder wishes to hand deliver the bids, please contact SriLankan

Airlines staff well in advance, for the arrangement of security clearance. Refer

Section 11, Data sheet, clause 16.2 for contact details.

13. Deadline for

Submission of

Bid

13.1 Bid must be received by the SriLankan Airlines to the address set out in

Section II, “Data Sheet”, and no later than the date and time as specified

in the Data Sheet.

14. Late Bid 14.1 SriLankan Airlines shall reject any bid that arrives after the deadline for

submission of bids in accordance with ITB Clause 12.1 above.

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15. Opening of

Bids

15.1 SriLankan Airlines shall conduct the opening of bids in the presence of the

Bidders at the address, date and time specified in the Data Sheet.

15.2 A representative of the bidders may be present and mark its attendance

15.3 If any bidder wishes to participate for bid opening, please contact

SriLankan Airlines staff well in advance for the arrangement of Security

clearance. Refer Section 11, Data sheet, clause 16.2 for contact details

15.4 Presence of the Bidder, will not necessarily ensure selection of the

proposed goods.

F: Evaluation and Comparison of Bid

16.Clarifications 16.1 To assist in the examination, evaluation and comparison of the bids,

SriLankan Airlines may, at its discretion, ask any Bidder for a clarification

of its bid. Any clarification submitted by a Bidder in respect to its bid

which is not in response to a request by the SriLankan Airlines shall not

be considered.

16.2 SriLankan Airlines’ request for clarification and the response shall be in

writing at SriLankan Airlines’ email address specified in the Data Sheet.

17.Responsiveness

of Bids

17.1 SriLankan Airlines will determine the responsiveness of the bid to the

documents based on the contents of the bid received.

17.2 If a bid is evaluated as not substantially responsive to the documents

issued, it may be rejected by the SriLankan Airlines.

18. Evaluation of

bid

18.1 The items will be subjected to a technical evaluation based on the

following criteria:

I. Years of experience in the industry

II. Clientele

III. No. of passengers handled annually

IV. Rate competitiveness

V. Favorable credit terms

VI. SriLankan Airlines past experience with the bidder

VII. Compliance for technical and general specifications in Anex. B

19. SriLankan

Airlines’ Right

to Accept any

Bid, and to

Reject any or

all Bids.

19.1 SriLankan Airlines reserves the right to accept or reject any bid, and to

annul the process and reject all bids at any time prior to acceptance,

without thereby incurring any liability to bidders.

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G: Award of Contract

20. Acceptance of

the Bid

20.1 SriLankan Airlines will accept the bid of the Bidder whose offer is not

necessarily the lowest evaluated bid and is substantially responsive to

the documents issued.

21. Notification of

acceptance

21.1 SriLankan Airlines will notify the successful Bidder, in writing, that their

bid has been accepted.

21.2 After notification, SriLankan Airlines shall complete the contract, and

inform the successful Bidder to sign it.

21.3 Within seven (7) days of receipt of such information, the successful Bidder

shall sign the contract.

22. Performance

Bond

22.1 Within fourteen (14) days of the receipt of notification of award from the

SriLankan Airlines, the successful Bidder shall furnish the performance

security of 10% of the total value of the contract, using the Performance

Security Form included in Annexure E.

22.2 The performance security shall be an unconditional, irrevocable, on

demand bank guarantee drawn at sight in favor of the SriLankan Airlines

valid for the period of contract and 90 days thereafter.

22.3 Failure of the successful Bidder to submit the above mentioned

performance security or sign the contract shall constitute sufficient

grounds for the annulment of the award and forfeiture of the Bid Security.

In the event SriLankan Airlines may award the contract to the next lowest

evaluated bidder, whose offer is substantially responsive and is

determined by SriLankan Airlines to be qualified to perform the contract

satisfactorily.

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Section II: Data Sheet

ITB Clause

Reference

11.1

The address for submission of Bids is :

Attention : Sales Manager (Outbound)

Address :

SriLankan Holidays

SriLankan Airlines Ltd

28 De Vos Avenue,

Colombo 04,

Sri Lanka

Details should be provided one day in advance to arrange security clearance

if the bidder wishes to hand deliver bids and samples/participate for bid

opening.

12.1 Deadline for submission of bids is on or before 24th Jun 2019, 1000 hrs SriLankan

Time (GMT +5:30)

Details should be provided one day in advance to arrange security clearance

if the bidder wishes to hand deliver bids and samples/participate for bid

opening.

14.1 Opening of bids on 24th Jun 2019, 1015 hrs SriLankan Time (GMT +5:30)

15.2 For Clarification/ handing over bids and samples/participating for bid opening:

Telephone: +94 (0) 19733 2799/ 2736/1845

E mail address: virazmi.aher@srilankan.com

chamari.kumanayake@srilankan.com

Details should be provided one day in advance to arrange security clearance if

the bidder wishes to hand deliver bids and samples/participate for bid opening.

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Section III - Bid Submission Form

[The Bidder shall fill in this Form in accordance with the instructions indicated no alterations to its format shall be

permitted and no substitutions will be accepted.]

Date:

To: SriLankan Airlines

We, the undersigned, declare that:

(a) We have read and have no reservations to the document issued;

(b) We agree to supply conforming to the documents issued and in accordance with the Schedule of Requirements

of supply of disposable lids for Economy Class bowls;

(c) Our bid shall be valid for the time specified in ITB Clause 8.1

(d) We understand that our bid, together with your written acceptance thereof included in your notification of

award, shall constitute a binding contract between us.

(e) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may

receive.

(f) Bid Securing Declaration is attached and same is valid for a period of 120 days after the bid submission deadline

date.

Signed:

Name:

Date

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Section IV – General Conditions

I. If the bid is accepted, it is mandatory that the Bidder signs the Contract with SLA.

II. In order to ensure continuity of Services to SriLankan Airlines in the event of a disruption to bidder’s

operations, please provide details of alternative arrangements available within the agreed cost and

specifications of service.

III. If the delivered service are not in accordance with all agreed specifications with SriLankan Airlines, then

SriLankan Airlines reserves the right to reject such services and recover all monies paid.

IV. Please state whether your company has appointed a local agent for SriLankan Airlines (applicable only for

foreign bidders), for supply & delivery of services specified in this bid exercise. If so please submit a separate

bidder information form including the information of local agent.

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ANNEXURE A: Bid Acknowledgement Form

IMPORTANT

All bidders shall confirm your intention to submit a bid by forwarding the duly filled Bid Acknowledgement

Form, 07 working days prior to bid closing date.

Invitation for submission of bids of Ground Operators for SriLankan Holidays, reference no: 2019/SHGO/01 is hereby acknowledged

You may expect to receive our proposal on or before

………………………………………………………………………………

We do not intend to submit a proposal because

……………………………………………………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………

Signed : ……………………………………………………………………….

Title : ……………………………………………………………………….

Company : ……………………………………………………………………….

Date : ……………………………………………………………………….

ANNEXURE B - Technical/General Specifications & Compliance form

Name of the Bidder:………………………………………………………………

Running Number

Technical Specifications (Mandatory) Bidder’s Response (Yes/No)

Remarks

1. Hotels - Minimum of 10 from each

category 3*, 4* & 5*

2. Vehicles – less than 5 years of

manufacture.

3. Drivers/ Chauffer Drivers – should be English speaking

4. Tour Guides - Should possess a valid

license from an approved association

5. Airport representative : Has to hold

SriLankan Holidays branded placard

(specification to be shared once

the agreement is signed)

6. SLH board:

To be kept in all vehicles to identify the

vehicle (specification to be shared once

the agreement is signed)

7. Response Time

All emails to be replied within 6 hours.

Only the emails received after office

hours to be responded the following day before 10.00 a.m.

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ANNEXURE C : Bid Securing Declaration

[The Bidder shall fill in this form in accordance with the instructions indicated in brackets]

Date: ------------[insert date by bidder]

*Name of contract –[insert name]

*Invitation for Bid No: ---------[insert number]

*To: ----------[insert the name of the Purchaser (SriLankan Airlines)]

We, the undersigned, declare that;

1. We understand that, according to instructions to bidders (hereinafter “the ITB”), bids must

be supported by a bid-securing declaration;

2. We accept that we shall be suspended from being eligible for contract award in any contract

where bids have being invited by SriLankan Airlines, for the period of time of two years

starting on the latest date set for closing of bids of this bid, if we;

(a) withdraw our Bid during the period of bid validity period specified; or

(b) do not accept the correction of errors in accordance with the Instructions to Bidders

of the Bidding Document; or

(c) having been notified of the acceptance of our Bid by you, during the period of bid

validity, (i) fail or refuse to execute the Contract Form, if required, or (ii) fail or

refuse to furnish the performance security, in accordance with the ITB.

3. We understand this bid securing declaration shall expire if we are not the successful bidder,

upon the earlier of (i) our receipt of a copy of your notification to the Bidder that the bidder

was unsuccessful; or (ii) twenty-eight days after the expiration of our bid.

4. We understand that if we are a JV, the Bid Securing Declaration must be in the name of JV

that submits the bid. If the JV has not been legally constituted at the time of bidding, the Bid

Securing Declaration shall be in the names of all future patterns as named in the letter of

intent.

Signed [insert signature(s) of authorized representative] In the Capacity of [insert title]

Name [insert printed or typed name]

Duly authorized to sign the bid for and on behalf of [insert authorizing entity]

Dated on [insert day] day of [insert month], [insert year

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ANNEXURE D: Performance Bond

[The issuing agency, as requested by the successful Bidder, shall fill in this form in accordance with the instructions

indicated]

--------------------[Issuing Agency’s Name, and Address of Issuing Branch or Office]-----------------

Beneficiary: SriLankan Airlines Limited, Airline Centre, Bandaranaike International Airport, Katunayake, Sri Lanka

Date: ---------------------------

PERFORMANCE GUARANTEE No: ---------------------------------

We have been informed that ---------------[name of Bidder](hereinafter called “the Bidder”) has entered into the

Contract dated ---------------- with you, for the ----------------Supply of ----------------------[name of contract and brief

description] (hereinafter called “the Contract”).

Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required.

At the request of the Bidder, we ----------------[name of Agency] hereby irrevocably undertake to pay you any sum or

sums not exceeding in total an amount of -----------------------[amount in figures](-----------------) [amount in words],

such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon

receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in

breach of its obligation(s) under the Contract, without your needing to prove or to show grounds for your demand or

the sum specified therein.

This guarantee shall expire, no later than the --- day of ----,20..[insert date,28 days beyond the scheduled completion

date including the warranty period] and any demand for payment under it must be received by us at this office on

or before that date.

_____________________

[signature(s)]

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ANNEXURE E: Clientele Information Form

Company Name Client since Services

procured

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

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ANNEXURE F: Rate sheet

Hotel

Name

Location

Category

Validity

Package Rate Extension Night Rate

SGL DBL TRPL CWB CNB SGL DBL TRPL CWB CNB

3* Hotels

4* Hotels

5* Hotels

Package includes:

Hotel accommodation for 2 nights with breakfast

Transfers airport-hotel-airport by air-conditioned vehicles

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ANNEXURE G: Fact sheet

1. Destination:

2. Name of the hotel:

3. Class/ Category of hotels:

Official Rating:

SriLankan Holidays:

4. Specific Hotel types (√ accordingly)

City hotel: √

Beach hotel: -

Resort hotel: -

5. Contact Details

Address:

Specific contact person: -

Phone no:

E-mail:

Web Address:

6. Distances

From airport: 30 Minutes by car

From major attractions:

Attraction Minutes

1.

2.

3.

2 by walk

5 by walk

10 by car

7. Main Facilities

Room

8. Restaurants

No. of restaurants available:

9. Other Facilities (√ if available)

1. Swimming Pool √ 2. Gymnasium: √

Room type No of

rooms

Facilities available (√ if available)

A/C TV Minibar Others

Standard

Superior √

√

√

- Coffee/Tea Maker

- Radio

Name of restaurant Available facilities ( √ if available)

Continental food American Vegetarian Asian TANG'S TERRACE

Am Café

√ √ √ √

Image

Last updated: xx/xx/xxxx

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ANNEXURE H: Draft Contract

…………… Holidays Package

This Agreement is made and entered into this …….day of ……… 2017 by SriLankan Airlines Limited, a

company duly incorporated and existing under the laws of Sri Lanka bearing Company Registration No. PB

67 and having its registered address at Airline Centre, Bandaranaike International Airport, Katunayake, Sri

Lanka (hereinafter called and referred to as "the Airline" which term shall include the said SriLankan Airlines

Limited, its liquidators, successors in office and assigns) of the One Part and ……….… ……… a company

duly incorporated and existing under the laws of ………… bearing Registration No. ……………… and

having its registered address at ………………. ….. ………….. (hereinafter called and referred to as "the

Authorized Handling Agent" which term or expression as herein used shall where the context so requires or

admits mean and include the said ………………… and its liquidators, successors in office and assigns) of

the Other Part.

Whereas the Airline is desirous of appointing Handling Agents who are able to service passengers arriving in

………… on its “ …………. Holiday Packages”. And whereas the Agent is a destination Management

Company having the capability of servicing passengers who arrive in ………….. on the Airline’s “ ………….

Holiday Packages” and has expressed its willingness to act as an Authorized Handling Agent of the Airline

to service passengers arriving in …………….. on the Airline's “ ……….. Holiday Package”.

The parties hereby agree as follows;

1. APPOINTMENT

The Airline appoints ………………. to be one of its Authorized Handling Agents to service the Airline’s

passengers arriving in …………. on its “……….. Holiday Packages” subject to the terms and

conditions set out herein and the Authorized Handling Agent accepts the appointment as an Authorized

Handling Agent to service passengers arriving in ……….. on the Airline’s “………. Holiday Package”

on the terms and conditions set out herein.

2. DUTIES OF AUTHORISED HANDLING AGENT

2.1 The duties of the Authorized Handling Agent in ‘servicing’ the passengers shall include but not be

limited to the following:

a) Providing ground transfers to the passengers from ……. International Airport to their hotel/s on

their arrival to ……… and from the hotel/s to …… International Airport, to facilitate their

departure from ……… .

b) providing transportation for passengers on the optional tours in accordance with the “ ………

Holiday Package” which is attached hereto Annex -1 (hereinafter referred to as the “ ………

Holiday Package”) provided however that the Airline may advise the Authorized Handling Agent

of any approved deviations from the tour programme which the Authorised Handling Agent shall

comply with;

c) Arranging hotel accommodation including Breakfast and other arrangements including but not

limited to ground transportation, re-confirmation envisaged in the “ ……… Holiday Package”.

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2.2 The Authorized Handling Agent shall service the passengers arriving on the “ ……… Holiday

Packages” of the Airline on behalf of the Airline at the rate and tariffs agreed between the parties,

which are set out in Annex 2 to this Agreement. Such rates and tariffs shall be subject to the operating

terms and conditions which the Authorized Handling Agent will be advised of, by the Airline from

time to time.

2.3 The Authorized Handling Agent shall perform inter alia the following functions at no extra charge in

connection with servicing the passengers arriving on the “ ……… Holiday Package”:

a) Ensure smooth and effective handling of all passengers participating in the “ ……… Holiday

Package” ;

b) Ensure that all passengers are serviced in accordance with their confirmed bookings and the

programme outlined in the “ ……… Holidays Package” subject to any deviations specially

authorized by the Airline and in compliance with the operating procedure and conditions;

c) Make available to the Airline not later than the 15th day of each month, a statement giving details

of all passengers who participated in the “ ………. Holidays Package ” in the preceding month

and any other information which may be reasonably requested by the Airline;

d) Check all “SriLankan Holidays” vouchers, which are used for the ‘ ……… Holidays Package’

, when presented to the Authorized Handling Agent by the passenger.

e) Assist the passengers in reconfirming their onward airline reservations;

f) Ensure that all additional costs and expenses incurred in excess of the services contracted for

under the “ ……… Holidays Package ” & which are reflected in the “SriLankan Holidays”

voucher , whether on account of the inability of any passenger to secure an onward confirmed

airline reservation or not are settled by the passenger direct to any hotel or other 3rd party

concerned;

g) Advise the airline whether the booking on the “ ……… Holidays Package” made by the Airline

in respect of any passenger can be accepted and confirmed within two working days of receiving

the request;

h) In the event that the hotel named and specified in the “ ……… Holidays Package” and reflected

in the SriLankan Holidays voucher is not available, ensure that the alternate hotel

accommodation provided is of a ‘similar’ standard and keep the Airline advised in advance of

the recommended alternative hotel and any material deviations from the standard of the original

advertised hotel;

i) Ensure that the vehicles used for tours and transfers are of an acceptable standard with A/C,

clean, in good working condition, are licensed as required and are adequately insured in

accordance with applicable Laws to carry out the services contracted for on this agreement. The

Authorized Handling Agent shall not use airport taxies;

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j) Ensure that the drivers of the vehicle are properly licensed, conversant in the English language

and comply with applicable rules and regulations;

2.4 The Authorized Handling Agent shall advise all passengers and hotel/s that the Airline is not

responsible for any nights in excess of the duration of the stay prescribed in the voucher or for any

services and trips in excess of that stated in the voucher and shall advise the passengers and hotel/s

and other service providers accordingly and shall indemnify the Airline in respect of all claims made

in respect of any extra services and accommodation.

2.5 The Authorized Handling Agent shall not levy any additional charges on the passenger or claim

reimbursement from the Airline over and above the charges advertised in the “ ……… Holidays

Package” as supplements to the said charges in respect of the services offered under the relevant

“SriLankan Holidays” voucher, except as permitted in 2.3 (d) above.

3 EXCLUSIVITY

3.1 The Authorized Handling Agent will handle the Airline’s “ ……… Holidays Package’ on an

exclusive basis for the Airline and shall not handle any similar Holiday Programme for any other

airline operating into …………...

3.2 The Authorized Handling Agent acknowledges and accepts that the Airline may at its discretion

appoint other handling agents concurrently as Authorized Handling Agents to service the “ ………

Holidays Package” as the Airline deems necessary.

3.3 The Airline shall be under no obligation whatsoever to provide the Authorized Handling Agent with a

guaranteed number of passengers during the period of this Agreement.

4. OBLIGATIONS OF THE AIRLINE

In the event the Authorized Handling Agent is unable to provide the Services, the Airline shall have

the right to allocate the Authorized Handling Agent’s allotted Package, Transfers and Tours to any

other Handling Agent selected by the Airline and the Authorized Handling Agent shall have no right

to any compensation or damages claim in respect of such re-scheduling.

5. INDEMNITY

5.1 The Authorized Handling Agent shall indemnify and hold harmless the Airline, its directors, agents

and employees against any and all claims, damages suits and actions and related costs including

reimbursements which may be claimed against the Airline or raised due to the non utilization of whole

or part of the “ ……… Holidays Package” by the passenger save and except claims made by

passengers who have purchased the “ ……… Holidays Package” at overseas locations and are unable

to utilize the vouchers due to late arrivals/departures of the Airline’s flights or cancellation of the

Airline’s flights.

5.2 The Authorized Handling Agent shall be liable for and shall indemnify SriLankan Airlines, its

directors, agents and employees in respect of all losses, costs, expenses, claims and liabilities arising

out of the death or injury to any of SriLankan Airline’s passengers utilizing the services of the

Authorized Handling Agent or any of its servants agents or employees or to any third party or for loss

of or damage to the property of SriLankan Airlines, its servants, agents or employees or to any

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passengers utilizing the services of the Authorized Handling Agent or to any third party, regardless of

the negligence, recklessness or willful misconduct of the Authorized Handling Agent, its servants,

agents or employees in their discharge of the obligations pursuant to this Agreement.

5.3 The Authorized Handling Agent shall indemnify the Airline in respect of any claims or demands suits

and actions made on the Airline by any Hotel or other 3rd party in respect of any charges pertaining to

services rendered to any passenger not included in the “SriLankan Holidays” voucher presented by

the relevant passenger, in connection with the “ ……… Holidays Package”.

5.4 The Authorized Handling Agent shall indemnify and hold harmless the Airline in respect of all claims,

damages, suits actions and related costs which are claimed by the Airline or claimed from the Airline

on account of the Services provided by the Authorized Handling Agent pursuant to article 2 of this

agreement not being of the standard described in Annex 1.

6. PAYMENT

6.1 The Authorized Handling Agent shall invoice the Airline for all “SriLankan Holidays ” vouchers used

in connection with the “ ……… Holidays Package “ serviced by the Authorized Handling Agent and

for other services provided to passengers upon the Airline’s authorization during the previous month

within 15 days of the following month. All invoices shall be supported by vouchers and relevant

authorization.

6.2 Within 30 days of the receipt of invoice, the Airline shall reimburse the cost of the package as per the

relevant “SriLankan Holidays” voucher and supplementary charges which have been authorized by

the Airline, as per Clause 6.1 above, to the Authorized Handling Agent in accordance with the rates

specified in Annex 2 based on the voucher (Authorized Handling Agent’s copy) presented by the

Authorized Handling Agent. The Airline shall not be liable to make any payment in respect of any

invoice or claim, which is not supported with the vouchers or special authorization as per Clause 6.1

above.

6.3 All payments to the Authorized Handling Agent shall be by T.T. drawn in favour of the Authorized

Handling Agent to the following Account :

Account Name :

Bank Name :

Branch :

Account Number :

6.4 The Airline shall be liable to honour invoices from the Authorised Handling Agent only for the period

of stay of each passenger in the hotel/s and for services as specified in the “SriLankan Holidays”

voucher, used in connection with the “ ……… Holidays Package” , supporting such invoice.

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7. TERM & TERMINATION

7.1 This Agreement shall be initially valid for a period of 12 months commencing ……….. 2017, and

shall thereafter be automatically renewed for further periods of 12 months each, provided if the

Airline does not give notice of termination as provided hereunder.

7.2 This Agreement may be terminated by either party by giving one month’s written notice of intention to

terminate. The termination to take effect on the date specified therein. No compensation shall be

payable by the Airline to the Authorised Handling Agent in respect of any termination effected by

the Airline under this Clause.

7.3 Notwithstanding the above, this agreement may be terminated forthwith by the Airline in the

following circumstances.

(a) If the Authorized Handling Agent is in breach of any provision of the

agreement.

(b) If a creditor attaches or takes possession of, or a distress, execution, sequestration or

other process is levied or enforced upon or issued out against the whole or a substantial

part of the undertakings, assets, rights or revenues of the Authorized Handling Agent.

(c) If the Authorized Handling Agent takes any action or any legal proceedings are started

or other steps taken for the Authorized Handling Agent to be adjudicated or found bankrupt

or insolvent or for the winding-up or dissolution of the Authorized Handling Agent or the

appointment of a liquidator, Administrator, Trustee, Receiver or a similar officer of the

Authorized Handling Agent or of the whole or any part of its undertakings, assets, right or

revenues.

(d) If the Authorized Handling Agent ceases to be in the business of Tourism Destination

Management.

7.4 Any termination of this agreement pursuant to this clause shall be without prejudice to the accrued

rights of either party.

8. GENERAL

8.1 This Agreement will be construed in accordance with the laws of the Democratic

Socialist Republic of Sri Lanka.

8.2 This Agreement contains the entire agreement between the parties and supersedes all other matters or

unwritten arrangements between the parties pertaining to the matters agreed to herein and the terms

and conditions of this Agreement shall not be varied otherwise than by an instrument in writing of

even date herewith or subsequent hereto executed by or on behalf of the Airline and the Authorised

Handling Agent.

8.3 If any term or provision of this Agreement or the application thereof to any person or circumstances

shall to any extent be invalid or unenforceable the remainder of this agreement or application of such

22

term or provision to persons or circumstances (other than those to which it is already invalid or

unenforceable) shall (to the extent that such invalidity or unenforceability does not materially affect

the operation of this Agreement) not be affected thereby and each term and provision of this agreement

shall be valid and be enforceable to the fullest extent permitted by law.

8.4 The rights and remedies of the Airline against the Authorized Handling Agent for the breach of any

conditions and for obligations undertaken by the Authorized Handling Agent under this agreement

shall not be prejudiced or deemed to be waived by reason of any indulgence or forbearance of the

Airline.

8.5 Any notice required or permitted to be given pursuant to this Agreement shall be sent by registered

mail addressed in the case of the Airline to:

Attention : Mr. Dimuthu Tennakoon

Designation : Head of Worldwide Sales & Distribution

Address : SriLankan Airlines Limited

22nd Floor, World Trade Centre

East Tower, Echelon Square

Colombo 01.

Telephone : +94 (0)19733 1300

Fax : +94 (0)19733 5612

and in the case of the Authorized Handling Agent to :

Attention :

Designation :

Address :

Telephone :

Fax :

8.6 Nothing in this Agreement shall prevent the Airline from availing itself of any of the remedies

provided for in the governing law, in addition to the remedies stipulated in this Agreement.

8.7 At all times the Agent together with its staff shall be deemed to be an independent contractor and shall

not under any circumstance be construed an employee, representative or Agent of the Airline.

9 SUB CONTRACTING & ASSIGNMENT

9.1 The Agent's rights and obligations under this Agreement shall not be assigned transferred or sublet

without the prior written approval of the Airline.

9.2 The Agent shall not be relieved of its responsibility under this Agreement for any portion of its

obligations as are sub contracted.

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In witness whereof the parties hereto have caused there authorized representatives to set their hands unto this

and one other of the same tenor on the date first referred to above.

For and on behalf of For and on behalf of

SRILANKAN AIRLINES LTD

…………………………………….. …………………………………..

Name : Dimuthu Tennakoon Name :

Designation: Head of Worldwide Designation :

Sales & Distribution

Witness Witness

………………………………….. …………………………………

Name : Buddhika Hewawasam Name :

Designation: Manager Designation :

SriLankan Holidays

Annex. 2

24

AUTHORISED SIGNATORIES

1] NAME :

DESIGNATION :

SIGNATURE : ……………………….

2] NAME :

DESIGNATION :

SIGNATURE : ……………………………