HomeMy WebLinkAboutResolution - 2024-R0221 - Second Amendment To The Ticket Reseller Agreement, Flixbus, Inc - 04/23/2024Resolution No. 2024-R0221
Item No. 6.27
Apri123, 2024
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, a Second Amendment to Ticket Reseller Agreement,
by and between the City of Lubbock and FlixBus, Inc., to modify terms regarding the payment
of commissions on agency fees, and related documents. Said Amendment is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council on Anri123, 2024
ATTEST:
Courtney Paz, City Secretary ^
APPROVED AS TO CONTENT:
�, �o'L
Bill Howe , pu City Man
A�'1'ROVED TO O .
i c e Sa hite, •irst Assistant City Attorney
ccdocs IIIRES.1 �' Amend-PlixBus, Inc.
March l, 2024
Resolution No. 2024-R0221
Second Amendment to Ticket Reseller Agreement
THIS SECOND AMENDMENT TO TICKET RESELLER AGREEMENT (this "Second Amendment") i s m a d e
e f f e c t i v e a s of lanuary 1, 2024 ("Effective Date") by and between CITY OF LUBBOCK, TEXAS
(" R e s e I I e r" ) and FlixBus Inc., along with its subsidiaries and affiliates ("FlixBus").
WHEREAS, the Parties have an existing Agreement which provides for the terms by which Reseller acts as a
FlixBus ticket sales agent for Bookings on the Platform which is hosted at the domain name under
; and,
WHEREAS, the Parties wish to amend the Agreement to add terms under which an Agency Fee will be
charged to customers as of the Effective Date; and,
WHEREAS, the Agency Fee shall be charged per Booking as follows: for Bookings at the counter, a
$4/Booking Agency Fee will be charged; and for Bookings at a kiosk, a$1/Booking Agency Fee will be
charged.
In connection with the recitals above, the Parties hereby amend the Agreement as follows:
Section 7.1, currently reads as follows:
"For each Booking, FlixBus shall pay the Reseller a commission equal to 30% of the Gross Sales
Revenue (the "Commission"). "Gross Sales Revenue" means the Reseller Rate collected by the
Reseller for each Booking including any applicable sales tax and Ancillaries but net of any discount, all
whether charged by Reseller or FlixBus and shall not include any amounts that are refunded to a
customer for any reason. "Ancillaries" as defined herein shall include only those additional services
purchased by customers related to their on-board travel such as additional baggage fees, bicycle
transportation fees and reserved seating. Commission shall not be paid on any booking or service fees
or any other fees which may be charged by Flixeus. FlixBus may offer a higher commission for limited
periods as a special reward or incentive." (Emphasis added)
The italicized language shall be amended by adding the following clause at the end of the current
sentence, as indicated in bold below:
Commission shall not be paid on any booking or service fees or any other fees which moy be
charged by FlixBus except that Commission shall be paid on the Agency Fee.
III. All other terms and conditions of the Agreement and terms defined therein not specifically
amended herein shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment to become effective as
of the date noted above.
FuxBus, INC.
CDoeuSlpned by:
���
BY; EtE0ADA8C822482
�ose soares
Name•
Head of offline sales
Title:
Date: 04.03.2024 � 20:09 CET
CITY OF LUBBOCK, TEXAS
By:
Name•
Title: Ma�nr
Date: A�ri123�2024
Citibus (4909)
Resolution No. 2024-R0221
Second Amendment to Ticket Reseller Agreement
THIS SECOND AMENDMENT TO TICKET RESELLER AGREEMENT (this "Second Amendment") i s m a d e
e f f e c t i v e a s of January 1, 2024 ("Effective Date") by and between CITY Of LUBBOCK, TEXAS
(" R e s e I I e r") and FlixBus Inc., along with its subsidiaries and affiliates ("Flixeus").
WHEREAS, the Parties have an existing Agreement which provides for the terms by which Reseller acts as a
FlixBus ticket sales agent for Bookings on the Platform which is hosted at the domain name under
; and,
WHEREAS, the Parties wish to amend the Agreement to add terms under which an Agency Fee will be
charged to customers as of the Effective Date; and,
WHEREAS, the Agency Fee shalf be charged per Booking as foliows: for Bookings at the counter, a
$4/Booking Agency Fee will be charged; and for eookings at a kiosk, a$1/Booking Agency Fee will be
charged.
In connection with the recitals above, the Parties hereby amend the Agreement as follows:
Section 7.1, currently reads as follows:
�
"For each Booking, FlixBus shall pay the Reseller a commission equal to 30% of the Gross Sales
Revenue (the "Commission"). "Gross Sales Revenue" means the Reseller Rate collected by the
Reseller for each eooking including any applicable sales tax and Ancillaries but net of any discount, all
whether charged by Reseller or FlixBus and shall not include any amounts that are refunded to a
customer for any reason. "Ancillaries" as defined herein shall include only those additional services
purchased by customers related to their on-board travel such as additional baggage fees, bicycle
transportation fees and reserved seating. Commission shall not be paid on any booking or service fees
or any other fees which may be charged by Flixeus. FlixBus may offer a higher commission for limited
periods as a special reward or incentive." (Emphasis added)
The italicized language shall be amended by adding the following clause at the end of the current
sentence, as indicated in bold below:
Commission shall not be paid on any booking or service fees or any other fees which may be
charged by Flixeus except that Commission shall be paid on the Agency Fee.
All other terms and conditions of the Agreement and terms defined therein not specifically
amended herein shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment to become effective as
of the date noted above.
fLIXBUS, INC.
CDoeuSlpned by:
� ��.
B�I: E1E4ADABC822482
lose 5oares
Name:
Head of offline sales
Title:
Date: 04.03.2024 � 20:09 CET
CITY OF IUBBOCK, TEXAS
By:
Name:
7itle: Mav�r
�ate: Apri123, 2024
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