AGREEMENT BETWEEN THE COMPANY AND RESTAURANT

Date:

Name & Designation:

Restaurant:

Address:

Dear Sir/ Madam,

We attach hereto the general conditions under which Walkers Tours Limited/ Whittall Boustead
(Travel) Limited Limited (the “Company”) contracts for obtaining food and beverage services
from restaurants on behalf of its principals/clients.

Please sign and return a copy of this engagement letter in acceptance of the terms and conditions
herein contained.

Yours faithfully,

……………………………………………………………………
Authorized signatory (WTL/ WBTL).

…………………………………………………………………
Company Seal (WTL/ WBTL)

We the undersigned Authorized Signatories/ Directors of

……………………………………having read and understood the terms and conditions below,
hereby agree to abide by same.

Name Signature

1………………………………………. ……………………………………….

2………………………………………….. …………………………………………….

(Company stamp/seal)

John Keells Group - Confidential

 GENERAL TERMS AND CONDITIONS

1 Rates: The rates shall be deemed to include all taxes, charges and levies.. However, if VAT
is included in the rates, such VAT will be reimbursed only if the Restaurant provides a valid tax
invoice in terms of the VAT Act. The rates shall be competitive and shall not be higher than those
offered to other tour operators. If WHT is applicable, the Company shall be entitled to deduct such
withholding tax from the payments to the restaurant.

2. Reservation Voucher: The Company will cause the Restaurant to be provided with a
WTL/WBTL voucher on or before on or before the mutually agreed date through rate contract.

3. Cancellations:

Cancellation policies are required to be confirmed and agreed in writing through the rate
contract.

4. Payment: All payments shall be effected by the Company within 30 days of receipt of undisputed invoice.

5. Due Compliance: The Restaurant shall provide the food and beverage services as requested for by
the Company, and the Restaurant is obligated to pay compensation for damages if it fails to provide the
services in the manner agreed between the parties.

6. Safety/Health and Hygiene: You will ensure that the Restaurant conforms to all laws and
regulations applicable to sanitation and safety of clients including, inter alia,

(a) Fire safety and Fire Precautions - In relation to fire safety the Restaurant shall have plan of
the escape routes in English and with reference to internationally recognised markings
displayed in each room, have all escape routes clear of any obstructions and clearly
marked/indicated. All passenger lifts shall have displayed a notice indicating that lifts must
not be used in the event of fire.
(b) Health and Hygiene - That all preparation, storage of food and consumables are carried
out hygienically and according to the law.

The above shall be in addition and supplementary to any other contractual agreement regarding
health and safety undertaken with the Principal.

7. Records and Audits: At the request of the Company, all records relating to safety,
hygiene and sanitation at the Restaurant shall be made available for inspection. The Company
shall have the right with prior notice of 2 hours to inspect and examine the premises including
but not limited to its facilities, staff, safety, security, technical and organisational measures
implemented to safeguard clients and their data and the Restaurant shall extend its full
corporation in respect of the same.

8. General and Public Liability Insurance: The Restaurant shall maintain in its name and /or
that of the owner/operator thereof a current and valid comprehensive insurance providing an
indemnity in respect of general and public liability, and covering any claims for death, injury or
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 illness made by clients of the Company and provide at the request of the Company a certified
true copy of the same.

9. Indemnity: The Restaurant together with its owner and operator, as the case may be, hereby
agrees to indemnify the Company against any claim, payment of damages or legal costs arising
directly or indirectly as a result of any breach of contract or negligence or fault or act or omission
by you, the Restaurant, its employees, agents or sub contractors and to indemnify the Company
for expenses/costs incurred by the Company by reason of such breach by you.

10. Changing circumstances: The Company shall be notified immediately of all circumstances
which are reasonably likely to jeopardise or impair the services sought to be obtained under this
Agreement (e.g. impairment due to building work, other noise pollution etc.) and shall in
consultation with the Company determine the manner in which its effect on the clients of the
Company can be mitigated the Company shall be entitled to compensation from the Restaurant
for any loss or damage arising thereby.

11. Complaints: Any problem encountered or complaint made by the guest/ client or the
Company will be dealt promptly and courteously by you, and best endeavours shall be made to
deal with the problem to the satisfaction of the guest/client.

12. Confidentiality: The confidentiality of the agreed terms and conditions of this contract
between the parties shall be maintained at all times and it shall be the obligation of the
Restaurant to keep confidential any information which may come into its possession regarding
guests/principals of the Company.

13. Termination:

(a) The Company may terminate this Agreement at any time by giving 30 days notice.

(b) Either party shall be entitled to terminate immediately by written notice to the other if:

(i) the other party commits any continuing or material breach of any of the provisions of this
Agreement and fails to remedy same promptly after written notice of the breach is given.

(ii) an encumbrancer takes possession or a receiver is appointed over any property or assets of
the other party.

(iii) the other party is liquidated or makes a voluntary arrangements with its creditors.

14. Force Majeure: Neither party shall be held responsible to fulfil its obligations under this
Agreement if there are force Majeure events such as, but not limited to, cases of national
emergency, acts of terrorism and/ or acts of God such as lightening, floods, earthquakes,
hurricanes and other matters beyond the reasonable control of that party.

15. Client/Guest Data: The Restaurant shall ensure that any client/guest information or data
disclosed to it whether by the Company or the client/guest directly shall be afforded the utmost
protection and shall ensure that (i) it is in compliance with all applicable data protection laws
including compliance with all applicable laws and regulations on the protection and maintenance
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 of strict confidentiality in respect of such data including compliance with the Personal Data
Protection Act No 09 of 2022 (“PDPA”) , Data Protection Directive 95/46/EC and the General
Data Protection Regulation 2016/679/EU (GDPR) as well as all other applicable data protection
legislation which is in force or may come into force from time to time (the “Data Protection
Legislation”) in relation to the collection and processing of “Personal Data” as defined in the
PDPA ; (ii) such information is obtained with the explicit consent of the client/guest; (iii) such
information is kept strictly confidential and by no means disclosed and or used in any manner
whatsoever without the expressed written approval of the client guest in writing; (iv) it has
necessary organisational and technical security measures in place to protect and safeguard the
information and data of such client/guest. The obligations of the Restaurant under this section shall
survive the termination of this Agreement.

You confirm that you will be providing us with personal data and hereby expressly consent to use
of such data for the purpose of the business. This includes express permission to retain the personal
data for a period of 7 years and to share such data with service providers and agents who will be
providing you with services. You also further expressly consent to the use of your personal data
on the documentation to promote products and services of our Company or brand. You have the
right to withdraw your consent via an email to [email protected] or
[email protected].

16. Clients/ guests’ acts and omissions: The Company shall not be liable for the
acts/omission of its guests/ clients whilst in occupation in your Restaurant.

17. Waiver: The failure by either party to enforce at any time or for any period of time any one
or more of the terms and conditions of this Agreement shall not be waiver of such terms and
conditions of that party’s right thereafter to enforce each and every term and condition of this
Agreement.

18. Definitions:

The term “Restaurant” shall mean and include the owning and, where relevant, the operating
entity of the Restaurant.

19. Both Parties agree that they shall:

(i) ensure that no sexual or other exploitation of children takes place at the PROPERTY.
This includes completing background checks required in that country on all personnel
who will have access to children to ensure that they are able to have access to
children, and not employing and/or engaging any personnel who do not pass such
checks. OWNER shall also ensure that it has a policy in place to inform and train its
personnel that the exploitation of children is illegal and will not be tolerated, and to
make them aware that any suspicious behaviour by guests, employees or anyone else
visiting the PROPERTY in relation to children must be reported immediately to
OWNER for OWNER to take appropriate action. Failure to comply with this clause
will be a material breach of this AGREEMENT; and
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 (ii) not employ children younger than the legal minimum age.

(iii) not demand that its workers or other individuals it employs perform their tasks or
provide services involuntarily or under the threat of punishment or other serious
harm;

(iv) prevent or eliminate all types of DISCRIMINATION;

(v) ensure that workplaces and the working environment are organised such that they do
not endanger life, limb or health of its workers or other individuals it employs.
Sanitary facilities, dining facilities and ACCOMMODATIONS provided to the
employees must be built and maintained in accordance with applicable codes;

(vi) ensure adherence to labour regulations, in particular those pertaining to working

hours and minimum wage

(vii) undertake to obey environmental regulations as well as national and international

standards of environmental protection. OWNER shall make every effort to avoid or
limit environmental pollution; and comply with all other applicable rules and
regulations.

20. Governing law and Dispute Resolution - This Agreement and any issues or disputes arising
out of or in connection with it shall be governed by and construed in accordance with the laws of
Sri Lanka. In the event of any dispute or difference arising out of or in connection with this
Agreement, which cannot be amicably settled within a period of 14 days, each of the parties
agree to irrevocably submit such dispute or difference to the exclusive jurisdiction of the courts
of Sri Lanka.

John Keells Group - Confidential