Global Healthcare Mobility Partner Programme
Global Healthcare Mobility Partner
Programme
(hereinafter referred to as "Agreement")
between
Global Health Voyager
000 X. Xxxxxx Dr. Suite 302
Beverly Hills, CA
90210
United States of America
(hereinafter referred to as "Organisation")
and
Deutsche Lufthansa XX
Xxx-Xxxxxxx-Xxxxxxx 0-0
X-00000 Xxxx
(hereinafter referred to as "Lufthansa")
| FRAXV/D LH0HE618 | 1 | 6/8/2011 |
Contents
| Article 1: Parties | 3 |
| Article 2: Scope of Agreement | 3 |
| Article 3: Validity and Termination | 3 |
| Article 4: General Conditions | 3 |
| Article 5: Independent Contractor | 4 |
| Article 6: Use of Trademarks, Service Marks or Logos | 4 |
| Article 7: Reduction in Service | 4 |
| Article 8: Non-Waiver | 4 |
| Article 9: Non-Assignment | 4 |
| Article 10: Force Majeure | 4 |
| Article 11: Unenforceable Provisions | 4 |
| Article 12: Conditions of Carriage | 5 |
| Article 13: Governing Law | 5 |
| Article 14: Entire Agreement | 5 |
| Article 15: Signatures | 6 |
List of Attachments to this Agreement:
Attachment A: Lufthansa Travel Discounts and Ticketing Rules
| FRAXV/D LH0HE618 | 2 | 6/8/2011 |
Whereas Global Health Voyager (hereinafter referred to as "Organisation") and Deutsche Lufthansa AG (hereinafter referred to as "Lufthansa") agree to enter into this Agreement which provides for the Organisation agreeing to use Lufthansa's transportation services for discounted travel from all LH Destinations in Germany, Spain, Israel, Switzerland, Turkey, Saudi Arabia, Qatar, United Arab Emirates, Bahrain, Kuwait, Oman to all LH destinations in the US with respect to the travel conditions as described herein. All relevant details/conditions will be laid down in Attachment A to this Agreement.
Now Therefore, the Organisation and Lufthansa, each a "Party" and together the "Parties" under this Agreement agree as follows:
Article 1: Parties
This Agreement establishes the terms and conditions with respect to a discounted travel program between the Organisation and Lufthansa to enter into and execute this Agreement on their behalf.
Article 2: Scope of Agreement
The Organisation has designated Lufthansa as a preferred airline partner for tickets originating in all LH Destinations in Germany, Spain, Israel, Switzerland, Turkey, Saudi Arabia, Qatar, United Arab Emirates, Bahrain, Kuwait Oman for travel to all LH destinations in the US.
Article 3: Validity and Termination
The term of this Agreement is the inclusive period starting with the 01.07.11 and ending 30.06.12. The period during which tickets that meet the requirements of the conditions lad down in Attachment A shall be used for travel hereunder is the inclusive period from 01.07.11 through to 30.06.12, provided that none of the Parties has terminated this Agreement by providing thirty (30) days' prior written notice to the other Party. Upon termination of this Agreement, no further Travel Discounts (as defined in Attachment A) shall be earned by or issued to the Organisation.
Article 4: General Conditions
4.1 The Organisation shall inform Eligible Passengers travelling to United States Of America that, in conjunction with this Agreement, Lufthansa is offering special travel discounts (hereinafter referred to as the "Discount") specified in Attachment A Eligible Passengers are patients undergoing medical treatment in United States Of America, their family members or any persons accompanying the patient ("Eligible Passengers").
4.2 in order to take advantage of these discounted fares, the applicable internet link xxx.xxxxxxxxx.xxx/xxxxxxxxxx and unique Access Code USPLX can be distributed and communicated by the Organisation to all Eligible Passengers. This Access Code will enable all Eligible Passengers to access the travel discounts via a dedicated online booking platform on Lufthansa's internet site.
4.3 The Organisation shall actively promote and encourage travel on Lufthansa wherever possible.
| FRAXV/D LH0HE618 | 3 | 6/8/2011 |
4.4 The Organisation shall not make public the aforementioned applicable Access Code to any third parties other than Eligible Passengers.
Article 5: Independent Contractor
This Agreement is not intended to nor will it be construed to create or establish any partnership or joint venture between the Parties.
Article 6: Use of Trademarks, Service Marks or Logos
No Party will use any logos, trade names or service marks of any other Party, in advertising or other solicitation without first obtaining that Party's prior written approval of such use.
Article 7: Reduction in Service
If Lufthansa terminates or reduces service to any city that is covered by this Agreement, this Agreement shall be amended to exclude such city and to reflect such reduction, without liability of Lufthansa, and this Agreement will continue in full force and effect as to the cities and services not affected by such termination or reduction.
Article 8: Non-Waiver
The right of any Party to require strict performance and observance of any obligations hereunder shall not be affected in any way by any previous waiver, forbearance or course of dealing. Exercise by any Party of its right to terminate hereunder will in no way affect or impair its right to bring suit for any default or breach of this Agreement.
Article 9: Non-Assignment
No Party will assign this Agreement or any right or obligation hereunder without the prior written consent of the other Party. Any assignment in violation of this provision will be null and void.
Article 10: Force Majeure
No Party will be responsible for non-performance or delays in performance caused by actions beyond its control, such as, but not limited to, acts of God or by governmental authority, pandemics, strikes or labour disputes, weather, natural disasters, mechanical difficulties, embargo, shortage of goods, or any other cause beyond the reasonable control of that Party.
Article 11: Unenforceable Provisions
In the event that one or more of the provisions of this Agreement shall be determined to be invalid, unenforceable, or illegal, such invalidity, unenforceability or illegality shall not affect any other provision of this Agreement.
| FRAXV/D LH0HE618 | 4 | 6/8/2011 |
Article 12: Conditions of Carriage
The provision of all transportation related to this Agreement is subject to Lufthansa's terms and conditions of carriage in effect at the time a ticket is purchased. In the event of any conflict between the respective conditions of carriage and this Agreement the conditions of carriage shall prevail.
Article 13: Governing Law
The construction, validity and performance of this Agreement shall be governed by German Law. The place of jurisdiction for all legal disputes arising from or in connection with this Agreement, its initiation, efficacy or termination shall be Frankfurt/Main, Germany.
Article 14: Entire Agreement
This Agreement, including Attachment A constitutes the entire agreement and understanding of the parties on the subject matter hereof, and supersedes all prior Agreements, whether oral or written, among the Parties hereto concerning the subject matter hereof .
This Agreement supersedes all other agreements between the Organisation and Lufthansa individually or collectively offering discounts in the respective Point of Sale. This Agreement may be modified or amended only by further written agreement signed by the Parties.
| FRAXV/D LH0HE618 | 5 | 6/8/2011 |
Article 15: Signatures
The Parties hereby execute this Agreement by the duly authorised representative(s) of the orgnisation and Lufthansa
| Organistaion | Lufthansa |
| Global Health Voyager | Deutsche Lufthansa AG |
| 340.N Camden Dr. Suite 302 | Lufthansa Aviation Center |
| Airporting | |
| 90210 Xxxxxxx Xxxxx, XX | 00000 Xxxxxxxxx/Xxxx |
| Xxxxxx Xxxxxx of America | Germany |
| NAME : Xxxxxx Pernkope | |
| TITLE : Deutsche Lufthansa AG | |
| Productentwiklung Pribvaterise | |
| Lufthansa Aviation Center, FRA XP/E | |
| 80546 Frankfurt/Main | |
 |
 |
