With the help of God Almighty .. an agreement was made between:
1. (Residential Group/Hotel/Accommodation Owner) ............................... represented in signing this contract by Mr./ ................. in his capacity as (.............) nationality ........................ under (...............) and his address: ............... phone number ( ) mobile number ( ) fax number ( ) and referred to in this contract as (the First Party).
2. Contractor for Loading and Unloading Pilgrims' Luggage (Institution/Company) ..................... located at: ...................
phone number ( ) mobile number ( ) fax number ( ) and referred to in this contract as (the Second Party).
The parties agreed on the following:
Preamble:Based on the state's keenness, may God protect it, to provide the best services to the guests of the Merciful and the continuous pursuit to develop its performance in a way that ensures the comfort and reassurance of the noble pilgrim, and because the service of loading and unloading pilgrims' luggage has become an influential element in the various services, setting specific mechanisms and a clear contract that defines duties and obligations becomes necessary to achieve the goals and objectives sought by the competent authorities related to Hajj and pilgrims' affairs and the smooth flow of all services related to and affected by the service of loading and unloading pilgrims' luggage. Both parties to this contract must ensure the precise implementation of its terms, considering that serving the noble pilgrim is (an honor, trust, and responsibility). Based on this preamble, the parties have agreed on the following:
Article One: The preamble in this contract is considered an integral part of it.
Article Two: Subject of the Contract:
Under this contract, the First Party assigned the Second Party to perform the service of loading and unloading the contracted pilgrims' luggage through the Second Party's equipment, necessary machinery, and trained human resources to accomplish the assigned tasks at the time and place specified by the First Party to serve the guests of the Merciful and provide all means of comfort for them, as follows:
A. When pilgrims are transported to the hotel or residential building, the Second Party is obliged to unload the pilgrims' luggage from the bus to the entrance of the hotel or residential building.
B. In case of departure, the Second Party is obliged to load the pilgrims' luggage from in front of the hotel or building and lift it onto the bus, cover it, and secure it well with ropes.
Article Three: Contract Documents:
1. This contract consists of the following documents:
A- All its terms and provisions as stated in the work mechanisms program and the requirements for implementing the service of loading and unloading pilgrims' luggage prepared by the National Guides Institution in Medina.
B- The letter of approval and qualification of the Second Party by the National Guides Institution to commence the work of loading and unloading pilgrims' luggage.
C. The bank guarantee provided to the National Guides Institution by the Second Party.
2. These documents form an integrated unit, and each document is considered part of the contract, interpreting and executing duties, responsibilities, and deductions according to the statute set by the National Guides Institution and disbursing the Second Party's dues based on official letters from the relevant office of the National Guides Institution.
Article Four: Contract Duration:
The contract duration is from: 1436/11/01 AH and ends on: 1437/01/30 AH, with the Second Party commencing its duties and responsibilities upon the arrival of the first group of pilgrims until the departure of the last pilgrim from the buildings affiliated with the First Party.
Article Five: Financial Compensation:
The cost of loading and unloading during the stages of transportation or departure is ......... Riyals per pilgrim multiplied by the number of pilgrims specified in the housing contract of the First Party or other pilgrims affiliated with the First Party, which in turn assigned the Second Party to execute the service of loading and unloading pilgrims' luggage for them.
Article Six: Mechanism for Disbursing Financial Dues:
1. The financial compensation is paid by the First Party to the Second Party as follows:
A- ........ % of the total financial compensation as a first installment, paid on: ..............
B- ........ % of the total financial compensation as a second installment, paid on: ..........
C- A final installment after settling the numbers for whom the service was provided and the satisfaction and conviction of both parties, after coordination with the National Guides Institution in this regard.
Article Seven: Conditions Required for the Contractor of Loading and Unloading Pilgrims' Luggage (Second Party):
1. Must be approved by the National Guides Institution to commence the work of loading and unloading pilgrims' luggage as stated in this contract, according to the letter issued in this regard by the National Guides Institution, which specifies the maximum number of pilgrims allowed to contract for loading and unloading their luggage compared to the available equipment, machinery, and human resources.
2. Must have obtained the necessary permits and licenses from the competent authorities that allow him to perform the tasks assigned to him in this contract and provide evidence of that, considering it part of the contract documents.
Article Eight: Mutual Obligations:
A- Obligations of the First Party:
1. Committed to all the conditions and specifications for contractors of loading and unloading pilgrims' luggage prepared by the National Guides Institution when entering into this contract.
2. Continuously provide the Second Party with information regarding the place and time of arrival and departure of pilgrims, prepare a schedule showing the date of arrival, transportation, or departure, and continuously update that information and notify him of any changes in a timely manner to enable early preparation to commence his duties at the specified location.
3. Authenticate this contract with the National Guides Institution to enable it to monitor the accuracy of execution through its relevant office, given its direct role in the services provided to pilgrims.
B- Obligations of the Second Party:
1. The Second Party may not assign this contract or transfer any of its obligations or rights contained therein to others, and in case of violation of this obligation, the provisions stated in this contract apply to him.
2. If the Second Party fails to fulfill its obligations under this contract completely or breaches any of the conditions stipulated in the contract within the scope of the assigned tasks, or if there is evidence of its inability to continue performing as required, the First Party shall immediately notify the National Guides Institution, which has the right to confiscate the bank guarantee, in addition to any actions taken by the competent authorities. In this case, the First Party shall execute the work at the expense of the defaulting Second Party, deducting from its dues.
3. All members and workers of the Second Party must adhere to Islamic ethics in dealing with the guests of the Merciful, the supervising authority's employees, and other responsible entities, as well as other sectors working with them, treating each other kindly, avoiding quarrels, disputes, and altercations that affect the work. They must refrain from smoking and adhere to the uniform during their work.
4. All members and workers of the Second Party must not demand any financial amounts from the noble pilgrims, whether as a gift or a tip, to avoid falling under liability.
5. The Second Party and all its affiliates must adhere to the applicable regulations and instructions in the Kingdom and not violate them under the pretext of ignorance or lack of knowledge.
6. It is necessary to distribute workers to sites according to work needs during each period of the Hajj season, in direct coordination with the relevant office of the National Guides Institution and its affiliated departure centers, obtaining information and data daily.
7. The Second Party and its affiliates must preserve the pilgrims' bags and luggage and their contents, considering that the pilgrims' bags and luggage are of importance and must be preserved during their transfer from one location to another, avoiding tampering, damage, or loss for any reason, and exercising utmost care, otherwise, the Second Party bears full criminal and financial responsibility and any resulting penalties and sanctions from the competent authorities.
8. The Second Party must instruct its affiliates not to leave the pilgrims' bags and luggage on sidewalks, and if any remain after the buses depart, they must be delivered to the First Party, which in turn delivers them to the National Guides Institution to hand them over to the Lost and Found Department at the Ministry of Hajj branch to take necessary action.
9. The Second Party must instruct its affiliates to ensure the protective tarps provided by the pilgrims' transport companies are placed, covering all the pilgrims' luggage on the bus, securing them well, and ensuring this before the bus departs.
Article Nine: Termination of the Contract:
In case the Second Party breaches any of its obligations under this contract, the National Guides Institution has the right to confiscate the bank guarantee and select another contractor to execute the contract at the expense of the Second Party, with the right to claim compensation from it.
Article Ten: Dispute Resolution:
This contract is governed in its interpretation, execution of its terms, and understanding of its content by all instructions and regulations issued by the relevant authorities, especially the Ministry of Hajj in the Kingdom of Saudi Arabia. In case of a dispute or conflict between its parties, the authority entitled to adjudicate is (the Ministry of Hajj branch in Medina).
Article Eleven: Copies of the Contract:
This contract was prepared and issued in three original copies, with both parties signing all its pages, and each party receiving a copy to act upon, while the third copy was delivered to the National Guides Institution for authentication and reference when needed.
Thus, the agreement was made and signed;;;
First Party Second Party
Institution/Company ..............
Residential Group/Hotel/Accommodation Owner For Loading and Unloading Pilgrims' Luggage
Signature Signature
(Authentication of the National Guides Institution)