Additional agreement to the agency agreement for remuneration

Agency contract

4.2. In the event of loss or failure to provide the Principal with the Principal's property or funds intended for transfer to him, the Agent shall be liable in the amount of actual damage (the cost of the lost or non-transferred property and/or the amount of funds). 1.1. Under this agreement, the Principal instructs, and the Agent undertakes the obligation to perform, on behalf and at the expense of the Principal, legal and other actions specified in clause 2.1 of this agreement, and the Principal undertakes to pay the Agent a remuneration for the execution of this order.

Agency contract

1.1. Under this agreement, the Principal instructs, and the Agent undertakes the obligation to perform, on behalf and at the expense of the Principal, legal and other actions specified in clause 2.1 of this agreement, and the Principal undertakes to pay the Agent a remuneration for the execution of this order. 5.1. The parties are released from liability for partial or complete failure to fulfill obligations under this agreement if this failure was the result of force majeure circumstances that arose after the conclusion of this agreement, which the parties could not foresee or prevent.

Additional agreement

NATALIE TOURS LLC, hereinafter referred to as the “Principal”, represented by the General Director Natalia Olegovna Vorobyeva, acting on the basis of the Charter, on the one hand, and ________________________________________________________________________________________________, hereinafter referred to as the “Agent”, represented by _____________________________________________, acting on the basis of __________________________, with the other parties have entered into this additional agreement as follows:

1. GENERAL PROVISIONS
   Reservation “Global Booking” (Global booking system; https://www.natalie-tours.ru/globalbooking/) is an information service to facilitate the Agent’s access to information resources of hotel offers, airlines, transfers, vehicle rentals, medical insurance and other offers from supplier companies.
2. The date of registration of services is the date of booking of services.
3. Cancellation of services - in accordance with the terms of this Agreement - the Agent’s refusal of services, as well as the Principal’s right to refuse the Agent to provide services.
4. Debt under the Order is the difference between the funds paid for the order and the sum of the costs of services with the due date for payment.
5. Within the framework of this Agreement, the Principal does not provide tour operator, travel agent and/or other services other than booking services, and is not a subject of the law governing these relations; all contracts for air transportation, hotel accommodation, contracts for the provision of other related services are concluded by the Agent directly with persons (service providers) providing these services.
6. Service providers may establish special requirements and conditions for booking hotel stays, air travel and other related services, such as: payment conditions, cancellation conditions, conditions of use, conditions of accommodation, conditions for the validity of the tariff applied by the supplier, conditions for the entry into force of penalties and other conditions . These conditions are provided by service providers on the website .natalie-tours.ru in the “Global Booking” service, may be contained in Appendices to this Agreement, and are an integral part of this Agreement. By signing this Agreement, Agent agrees to be bound by the tariff terms and conditions of the supplier selected by Agent to enter into the transaction, including, but not limited to, payment in full when due and acceptance of the supplier's rules and restrictions regarding the availability and use of tariffs, products or services.
7. By signing this Agreement, the Agent confirms his financial solvency and responsibility for the obligations imposed on him as a result of concluding this Agreement and booking services from suppliers, as well as full and sufficient receipt and familiarization with information regarding the terms of payment, cancellation, use, accommodation, tariff applied by the supplier , the conditions for the entry into force of penalties and other conditions significant for a specific type of service of the supplier, confirms the fact of transfer of the password for individual access to the “Global Booking” service (https://www.natalie-tours.ru/globalbooking/). Signing of this Agreement and making a reservation by the Agent of Agent.natalie-tours.ru in the “Global Booking” service and
8. If the supplier does not provide information about special requirements and conditions for cancellation of air transportation, accommodation and/or other related services, or does not provide it in full, these circumstances cannot serve as a reason or basis for filing claims against the Principal, since the placement and provision of this information is not is included in the subject of this Booking Agreement, posted on the website .natalie-tours.ru in the “Global Booking” section, the information is entirely dependent on service providers, who are independently responsible for the conscientious fulfillment of such obligations, including for incorrectly provided information to their Clients.
9. The Principal of the “Global Booking” service provides exclusively booking services and is not responsible to the Agent for personal costs and additional expenses incurred during the use of the services of suppliers.

1. SUBJECT OF THE ADDITIONAL AGREEMENT
   The Principal, within the framework of this Agreement, undertakes to provide booking services, expressed in the reservation at the request of the Agent of supplier services in the “Global Booking” service - the Agent’s acceptance with the formation of the order, and the Agent undertakes, on behalf of the Principal, on its own behalf for the Principal’s remuneration, to implement and pay for the reserved services of suppliers in the manner and within the terms established by this Agreement.

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The Agent is obliged no later than 10 days from the date of provision of the service (departure date) to provide the Principal with a complete package of original documents for the order:

How to correctly draw up an agency agreement for payment of remuneration

An agency agreement is an agreement under which one party (Principal) instructs the other party (Agent) to perform certain actions in its favor for a fee. An agent can act both on his own behalf and on behalf of his counterparty. The ultimate goal of the Principal is to delegate transactions or any activities to another person, and the Agent is to receive remuneration for the service provided. In this article we will analyze in more detail the essence of the agency agreement and talk about its integral component - remuneration for the performer. “If there are no conditions in the agreement on the procedure for paying the agent’s remuneration, the principal is obliged to pay the remuneration within a week from the moment the agent submits to him a report for the past period, unless a different procedure for paying the remuneration follows from the essence of the agreement or business customs.” (Article 1006 of the Civil Code of the Russian Federation).

Key Features

The contract often has a long validity period. A lot can change during this period. If any clauses of the document do not correspond to reality, an additional agreement must be drawn up. Its functions:

• Addition to the text of the agreement.
• Exclusion of some items.
• Changing the wording of the contract.

An additional agreement is both a contract and a transaction. It is subject to requirements that are also relevant for the main contract. The terms of the agreement must suit all participants. Typically the document includes this information:

• Date of registration.
• Number of the main agreement.
• Part with all adjustments.
• An indication that this is a supporting document.
• Details of the participants in the transaction.
• Signatures.

The document acquires legal force only after signing. It is drawn up in several copies, the number of which must correspond to the number of participants in the transaction.

The amount of the agent's remuneration under the agency agreement

The agent's remuneration is a value that, as a general rule, does not include the agent's expenses for the performance of his duties under the contract concluded with the principal (we must not forget that he acts at the expense of the other party). Activities to execute an order, like any other, may be accompanied by payment for goods, works, and services of third parties. But it is necessary to distinguish: If the parties have stipulated the amount of the agency fee in the contract, then it is practical to provide for the procedure and timing of its payment. By default, payment is made within a week after submission of the report (Article 1006 of the Civil Code of the Russian Federation). If the terms for sending and accepting reports are also not established by the contract, then the agent independently determines at the end of which period he should submit the report. At the same time, the payment period under the Civil Code of the Russian Federation differs from the period for accepting the report (30 days according to Article 1008 of the Civil Code of the Russian Federation), and a situation is possible when the report has not yet been accepted, but the agent’s services must already be paid.

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Varieties

The additional agreement is divided into types depending on the type of the basic agreement.

To the employment contract

An employment contract is the main document on the basis of which the legal relationship between an employee and an employer appears. These relationships are constantly changing. Most common changes:

• Change of qualifications.
• Salary increase.
• Change of work schedule.

All these changes must be documented. It is inconvenient to conclude an employment contract again and rewrite the entire text. It is easier to draw up an additional agreement that will contain only the current provision. The document will need to be certified by a notary if its provisions relate to work with increased responsibility.

To the purchase and sale agreement

A purchase and sale agreement is concluded when purchasing any large objects: cars, real estate. Participants in the transaction can be both individuals and legal entities. All key terms of the transaction are specified in the contract. However, some provisions may change after the document is signed. For example, when transferring an object to the buyer, the latter may discover any defects. In this case, the additional agreement specifies a new procedure that takes into account the presence of a defect:

• Eliminate the defect.
• Transfer to the buyer of the whole product without defects.
• Reduced price.
• Buyer's refusal to purchase.

The additional agreement reflects changes in terms, new obligations of the seller, and a reduction in price.

International agency agreement

(The intention of the principal not to grant the agent the right to make and/or accept orders from existing or potential customers (in the contract territory) for goods that are intended for consumption or use outside the specified territory, of which the agent knows or should know, must be specified in clear form). 1.1. The Principal grants the Agent the exclusive right to perform agency functions for marketing and the possibility of supplying the Principal’s products (Appendix 1) to the territory of the republic, hereinafter referred to as the Territory. (The article on the subject must necessarily specify the legal and other actions of the agent and the conditions under which the agent undertakes to perform these actions. If the subject is not included in the agency agreement, the contract, in accordance with Article 402 of the Civil Code, is recognized as not concluded.)

○ Advice from a lawyer:

✔ What to do if no deductions have been made under the agency agreement? Reports were submitted on time, but there was no reward.

The agent's services are always paid, so he can file a claim against the principal in court. But before starting a dispute, it is advisable to write a claim to the counterparty, demanding payment of the amount due.

✔ Can such an agreement be concluded remotely?

Yes. Nowadays, many contracts are concluded in this way. To do this, it is necessary to reflect in the agreement the provision that it comes into force after affixing seals by both parties. First, one party must put its stamp and signature of the manager, then the documents are scanned and sent to the counterparty, who in turn puts a seal and sends the finished documents to the first party. As a result, both the agent and the principal must have agreements with seals and signatures of both parties.

Video

Specialist Yuri Baykov will tell you in detail what an agency agreement is and how to draw it up correctly.

Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal

Additional agreement to the agency agreement for remuneration

You're just emotional. Calm down and start settling into your new home. Does your contract say that the machine and set remain yours? Such points must be specified in the document. If not, then the seller can take it all away, leaving bare walls. It's a shame, but it's better not to wear other people's things, but to get your own. And how much did these cast-offs cost? Forget it. With your purchase, enjoy your life.)) From 01/01/2011 to 06/30/2012, the general director of the defendant was M.E. Kirpichnikov. During this period, Tsymbalova E.B. held the position of administrative director (administrative manager), whose responsibilities included processing, coordination of all contracts and internal administration of Shenk Process RUS LLC (supply contracts, labor agreements, accounting, etc.), she also had the right to sign on an equal basis with the current one general director.

Sample agency agreement for the provision of services

Even when engaging a subagent, the principal agent remains responsible for all actions of the third party to the principal. The exception is situations when the list of subagents is agreed upon in the main agreement. In this case, the agent is not responsible for either the choice or the conduct of business by subagents (clause 3 of Article 976, Article 1011 of the Civil Code of the Russian Federation). The parties to an agency agreement are the agent who receives the assignment and the principal who gives the assignment. An agency agreement for the provision of services is concluded in simple written form. Its validity period can be any, and it is also possible not to indicate it at all.

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○ How is the amount of remuneration determined?

There are several ways to determine the cost of an agent's services.

1. Firm bet. It is set in the form of a specific remuneration amount. For an agent, this situation can be twofold. On the one hand, he can be sure that he will receive the specified amount, on the other hand, no reward is expected for quality work done, for example, for concluding a contract with a third party on more favorable terms than expected.
2. As a percentage of a transaction with a third party. It is beneficial to establish such a remuneration when it comes to the agent’s search for buyers to sell the principal’s products. If the agent is required to perform other actions, an agreement is concluded on mixed terms: in the form of a fixed rate and a percentage.
3. Payment of the difference between the amount specified in the contract and the amount of the transaction concluded in fact. At the same time, the agent must be sure that he will be able to convince a third party to enter into an agreement on more favorable terms than the principal would do.
4. Other ways. Other options for determining the payment amount may be established. For example, depending on the principal's profit.