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17th December 2010

Mr. Nalin Ariyaratne


General Manager
Jetwing Travels (Pvt) Ltd
“Jetwing House”
46/26, Nawam Mawatha
Colombo 02.
Sri Lanka.

Tel: (94) 11 2345700


Fax: (94) 11 2345725
Email : nalin@jetwing.lk / barshan@jetwing.lk

Dear Mr. Ariyaratne,

CONTRACT RATES FOR DEER PARK HOTEL, POLONNARUWA, SRI LANKA


SUMMER PERIOD: 01 MAY 2011 TO 31 OCTOBER 2011

Thank you for your interest in promoting the Deer Park Hotel, Polonnaruwa, Sri Lanka. We have noted your
interest for rates and are pleased to enclose our offer for your consideration.

We would appreciate if you could sign and return this agreement by 25th December 2010, after which this
agreement will be automatically deemed null and void.

Mr. Ariyaratne, should you require further information or assistance please do not hesitate to contact us.

We look forward to welcoming your guests to the Deer Park Hotel and to making their stay most special!

Thank you and best regards

CHANDANA PATHMA KUMARA


Hotel Manager
Deer Park Hotel – By Angsana
Deer Park Hotel
CONTRACT RATES AGREEMENT

The Deer Park Hotel (Pvt) Ltd. (“DPH”) is pleased to appoint Jetwing Travels (Pvt) Ltd, as a Business Partner for the
marketing and sale of room nights in respect of Deer Park Hotel, located at Giritale, Polonnaruwa, Sri Lanka for the
period 01st May 2011 to 31st October 2011.

Subject to the terms herein, the Business Partner shall market and promote the Deer Park Hotel as a top tier hotel
destination to its clients.

1. ROOM RATES

Summer 2011
Room Type No of Rms Basis 01st May 2011 to 31st October 2011
SGL DBL TPL
BB 90 110 N/A
DUPLEX COTTAGES 18 HB 105 130 N/A
FB 115 145 N/A

BB 100 120 155


SUPERIOR COTTAGES 41 HB 115 140 180
FB 125 155 205

BB 110 130 N/A


DELUXE DUPLEX COTTAGES 11 HB 125 150 N/A
FB 135 165 N/A

BB 135 155 190


ANGSANA COTTAGES 06 HB 150 175 215
FB 160 190 240

The above rates are quoted in US Dollars on nett basis per room per night and inclusive the
applicable service charge and V.A.T. (the “Contract Rates”), currently at the prevailing 10%
and 12% respectively. In the event of a change in the service charge and GST or the introduction of
additional taxes, the Contract Rates will be adjusted accordingly subject to BTHR giving the Business Partner
seven (7) days notice after which, on the eighth (8) day following such notice, the new Contract Rates shall
apply.

b. If any promotions are made by the Business Partner to clients on the Internet, a minimum twenty five (25%)
percent mark-up on the Contract Rates must be applied, and Contact Rates quoted on the internet must be
packaged with air travel and, if any, other sightseeing arrangements, so that the Contract Rates are not revealed
to the public.

c. The Contract Rates shall only be applied to customers who will, themselves, be staying at the Hotel as a guest.
The Business Partner shall not sell, resell, consign or otherwise transact at these Contract Rates to any party who
will not actually be staying at the Hotel themselves or any 3 rd party who uses the Internet as a medium of
advertising/distribution without the express written consent of BTHR. If this is not followed, we reserve the right
to withdraw the Contract Rates without notice.

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d. The above Contract Rates do not apply to reservations made through the related Angsana website.

e. The above Contract Rates are applicable on an FIT basis up to a maximum of 10 rooms. Any single reservation
over and above 10 rooms constitutes a group booking and the applicable Contract Rates will be quoted on an ad-
hoc basis subject to availability.

f. Transfers
Transfer is chargeable at US$150 nett per car per way (max 3 pax)
US$170 nett per van per way (min. 6 pax / max 8 pax)

The above quoted rates are subject to change without prior notice

g. Child Policy

0 – 5 years old: Stay free of charge using existing bedding and FOC meals
6 – 12 years old – Extra bed required at US $ 30 nett with breakfast and meals at 50%

h. Promotions
Please refer to addendum/ specials, Clause No.2 below.

i. Extra Bed : US $ 40 nett per bed per night with breakfast

j. Meal Supplement Rates Per Person

Break Fast Lunch Dinner


Adult US $ 12.00 nett US $ 15.00 nett US $ 18.00 nett
Child 50 %

k. Guide Rates

BB Rs. 2,500.00
HB Rs. 3,250.00
FB Rs. 4,000.00

2. ADDENDUM/ SPECIALS

A separate addendum to this Contract Rates Agreement will be enforce should there be any
specials promotion being offered over the stated period of agreement.

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TERMS AND CONDITIONS OF THIS AGREEMENT

1. DEFINITIONS
In this Contract Rates Agreement, the following expressions shall have the following meanings:

“The Hotel” means the Deer Park Hotel as stated in the agreement;
“The Business Partner” means the party in direct contract with the Hotel;
“ Validity” means the period in which the contracted rates agreement will be applicable.

2. BROCHURE/ COLLATERAL PRESENTATION


The Business Partner will feature the Hotel in its tour programs and brochures as a unique resort and include a
photograph of the Hotel when appropriate. Sample copies of such brochures including website information must
be made available to the Hotel upon publication.

The Business Partner shall have obtained the prior written consent of the Hotel in respect of all advertising and
promotion material including website information pertaining to the Hotel prior to any proposed insertion in any
media. The Hotel reserves the right to terminate this agreement should the Business Partner misrepresent any
information in any advertising, brochure promotion or press release, information pertaining to the Hotel which in
the Hotel’s view may damage the image of the Hotel. The Hotel will supply the Business Partner with a selection
of slides and write-up to accurately portray the Hotel.

3. RESERVATIONS

The Business Partner shall only submit all reservations to the Hotel representative office via any of the following
means:

Colombo Office Deer Park Hotel


(1) Tel No: (94) 11 5555310 – 5 Reservation No: +94 27 224 6272
(2) Fax No: (94) 11 2589207 Fax No: +94 27 224 6470
Email: jade.jiggens@angsana.com Email: reservations-deerpark@angsana.com

All reservations are subject to availability and confirmation by the Hotel, unless booked “under allotment”. The
Hotel may accept and confirm the reservation and notify the Business Partner of the status of the same once the
Hotel has provided a firm room allotment. The Business Partner shall not confirm to its customers any
reservations made until it receives written documentary confirmation of the same from the Hotel. Reservation
shall not be binding on the Hotel until the Hotel has made a firm room allotment and the aforesaid acceptance
and confirmation has been received from the Hotel. The Hotel shall be entitled to reject any reservations made
by the Business Partner not at the prevailing contract rates of the Hotel at any given time.

4. PERIOD OF OCCUPANCY
Confirmed rooms will be available for occupation by the guest after 1400 hours on the day of arrival. Check-out
time is 1200 hours daily.

5. LATE CHECK-OUT
Late check-out is subject to room availability and at the following charges:

Period Room used from Room used beyond


1200 hours to 1800 hours 1800 hours
- For Prepaid bookings 50% of contract rate Full contract rate
- On arrival at guests’ request 50% of rack rate Full rack rate

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(in the event that the late check-out cannot be extended in the guestroom that the guests are staying in,
alternative arrangements may be made subject to availability. That is, the late check-out benefit will still be
extended but it will be in a different accommodation type at the prevailing rates.)

6. ROOMING LISTS
For reservations, the Business Partner shall submit to the Hotel a final rooming list together with flight details,
meals and special requirements, inline with the allotment release period or otherwise thirty (30) days prior to
arrival. Should the Business Partner fail to supply such information as specified, the Hotel reserves the right to
release the reserved rooms, unless agreed otherwise by the Hotel in writing.

7. PAYMENT ARRANGEMENTS
At the request of the Business Partner, the Hotel shall, at its discretion, grant the Business Partner any one of the
following payment terms:

(1) Where prior credit arrangements have not been granted by the Hotel, full pre-payment for all bookings is
required at least fourteen (14) days before the guests’ arrival, otherwise the rooms not guaranteed by
full pre-payment will be automatically cancelled and released by the Hotel.

OR

(2) The Hotel will invoice Jetwing Travels (Pvt) Ltd, with terms of thirty (30) days of arrival of the
invoice, subject to the credit limit determined by the hotel.

OR

(3) The Hotel may extend a thirty (30) day credit subject to the approval of the Hotel. However, this credit
facility does not affect the deposit and cancellation terms of this agreement. Under this option, the
Business Partner will submit the relevant completed Hotel credit Application Form for the Hotel’s
approval.

8. INVOICE ARRANGEMENTS
Subject to clause 7 in the foregoing, the rates and conditions of this contract are conditional on payment being
received by the Hotel no later than thirty (30) days after the date of departure. Late payment shall be subject
to late payment charges at the interest rate of twenty percent (20%) per annum. In the event of incorrect billing
or disputed totals, a grace period of seven (7) days is extended to facilitate collaboration and subsequent
settlement. The Business Partner shall advise the Hotel immediately if any such billing irregularities should occur.

9. CANCELLATIONS POLICY
The Business Partner shall notify the Hotel in writing of any cancellation or changes to the confirmed reservations
subject to the following:

For FIT Booking


 Cancellation received within 30 days prior to the date of arrival will be subject to a 50% (of the confirmed
room nights) cancellation charge.
 Cancellation received within 14 days prior to the date of arrival will be subject to a 100% (of the confirmed
room nights) cancellation charge.
 A no-show or shorten stay amounting to 100% of the total nights per no-show or shorten stay is applicable.

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For Group Booking
 Cancellation received within 45 days prior to the date of arrival will be subject to a 1 night Room Rate (of the
confirmed room nights) cancellation charge.
 Cancellation received within 30 days prior to the date of arrival will be subject to a 100% (of the confirmed
room nights) cancellation charge.
 A no-show or shorten stay amounting to 100% of the total nights per no-show or shorten stay is
applicable.

10. HOTEL’S LIABILITY


If, for any reason beyond the control of the Hotel, including but without limiting the generality of the following:
Acts of God, fire, floods, weather, war, rebellion, riots or civil commotion, strikes or labour stoppages, accidents
or mechanical failures, refusal, suspension or cancellation by any government authority of any licences, permits
or authorisation which the Hotel has need of to operate, the Hotel is unable to perform any or all of its
obligations under this agreement, the Hotel shall not have any liability to the Business Partner or the guest in
such event.

11. BANK ACCOUNT DETAILS


Our bank account details are:

COMMERCIAL BANK OF CEYLON LIMITED


HINGURAKGODA BRANCH
44-45 AIRPORT ROAD,
HINGURAKGODA, POLONNARUWA,
SRI LANKA

ACCOUNT NAME : THE DEER PARK HOTEL (PVT) LTD


ACCOUNT NUMBER : 01-150- 535102
SWIFT CODE : CCEYLKLX

12. INTELLECTUAL PROPERTY RIGHTS


The Business Partner acknowledges that the trademark, trade name, service mark or copyrights associated with
the names “Angsana”, “Angsana Resort and Spa”, “Angsana Spa”, “Angsana Gallery” and “The Deer
Park Hotel – By Angsana’s logo”, together with all rights in any and all slogans, derivations, trade secrets,
know-how and all other proprietary rights associated with those names and the The Deer Park Hotel – By
Angsana and Angsana logo (collectively referred to as the “Trademark”) are exclusive properties of Banyan Tree
Hotels & Resorts Pte. Ltd. and undertakes:
a. that nothing in this agreement gives the Business Partner any claim to or rights in respect of the Trademark;
b. not use the Trademark as all or part of its legal name or any trade or assumed name under which the Owner
does business;
c. to obtain Banyan Tree Hotels & Resorts Pte. Ltd.’s consent before publishing any advertising materials or
implementing any advertising programs of its own which may mention The Deer Park Hotel – By Angsana or
Angsana names or include the use of the Trademark;
d. to procure that none of its customers infringes on the Trademarks or uses the Trademark without the prior
written approval of Banyan Tree Hotels & Resorts Pte. Ltd.;
e. to inform Banyan Tree Hotels & Resorts Pte. Ltd. if the Business Partner has notice of any potential
Trademark infringement by any of its customers; and
f. to assist Banyan Tree Hotels & Resorts Pte. Ltd. in the enforcement of its rights against any Trademark
infringers.

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13. GOVERNING LAW
This agreement is governed by the laws of Sri Lanka and the parties here to agree to submit to the non-exclusive
jurisdiction of the courts in Sri Lanka.

Any dispute arising between the parties shall, in the first instance, be put to mediatory talks between the parties
with a view towards an amicable settlement between them. Only after these talks fail shall the parties refer the
matter to the courts.

14. NON-PARTNERSHIP
This agreement shall not be construed in any way as creating a partnership and/or agency relationship between
the Business Partner, the Hotel and Banyan Tree Hotels & Resorts Pte. Ltd. The Business Partner shall be solely
responsible and liable for all transactions entered into it pursuant to this agreement and shall indemnify the Hotel
and or Banyan Tree Hotels & Resorts Pte. Ltd. for any/all claims relating to or arising from breaches of
transactions that are entered into by the Business Partner.

15. CONFIDENTIALITY
The rates and terms contained in this Agreement are strictly confidential and must not be disclosed to third
parties The Business Partner acknowledges that any breach of this confidence shall lease to irreparable damage
suffered by the Hotel and Banyan Tree Hotels & Resorts Pte. Ltd. and accepts that such a breach shall entitle the
Hotel and Banyan Tree Hotels & Resorts Pte. Ltd. to summary injunctive relief, termination of this agreement and
damages. This term shall survive the termination of this Agreement.

Signed for and on behalf of Hotel Signed for and on behalf of The Business Partner
THE DEER PARK HOTEL (PVT) LTD.
8/4 Elibank Road
Havelock Town
Colombo 5
Sri Lanka
Tel No: (94) 11 5555310 – 5 Tel : (94) 11 2345700
Fax No: (94) 11 2589207 Fax : (94) 11 2345725

Mr. Chandana Pathma Kumara Name: Mr. Nalin Ariyaratne


Hotel Manager Position: General Manager
Deer Park Hotel - By Angsana Company: Jetwing Travels (Pvt) Ltd

Date: 17th December 2010 Date:

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