To register as a travel agent with Jetstar, please read through these Terms and Conditions and accept them using the button at the bottom of the page.
Travel Agent Terms and Conditions
1. Registration, use of the Booking Facility and the payment of any Remuneration by an Airline are conditional upon you, the Agent, agreeing to the terms and conditions set out below ('Conditions') and Jetstar accepting your registration. Do not proceed until you have read and accepted all of these Conditions and wish to become a Registered Agent.
2. When you click the "Accept" button at registration via the Site or request that the applicable GSA or Jetstar Sales Representative proceed with your application, you will be deemed to have accepted the Conditions on behalf of yourself, your company and each of your Staff.
3. Use of the Booking Facility and the payment of Remuneration are only eligible to Registered Agents.
4. Each time you log into the Site or API, you agree to these terms and conditions, including any updates placed on the Site under clause 14.7.
5. Jetstar is not obliged to accept any application for registration and submission of an application is not deemed to be registration. It will be at the sole discretion of Jetstar to accept or deny any request for registration. Jetstar will notify the outcome by email.
6. Remuneration is only payable to Registered Agents:
(a) who book Remunerable Fares via a Remunerable Channel, and
(b) where the Registered Agent's sales office that initiated the booking is located in a Remunerable Market.
7. A Registered Agent will only have access to Remunerable Fares where:
- (a) the Registered Agent's sales office that processes the booking is located in either Australia, New Zealand or USA, and elects and is granted access to Remunerable Fares by the Airline; or (b) the Registered Agent's sales office that processes the booking is located in Cambodia, Indonesia or Taiwan and books through a Remunerable Channel, in which case it will not have access to any fares other than Remunerable Fares.
8. No Remuneration is payable for any fares that are distributed on-line direct to consumers.
9. Registered Agents wishing to distribute fares through an API must first agree to these Conditions and become a Registered Agent. You must then register with a Jetstar licensed IT provider who has agreed and signed our "Information Technology Service Provider Agreement." Requests for agreements should be directed to Sales@jetstar.com.
10. Our primary means of communicating with you will be via email. We will use your email address to send you monthly statements (if requested), important announcements and other information. On becoming a Registered Agent, the Registered Agent agrees to Jetstar sending this information to it for the duration of such registration, and Jetstar may not include a functional unsubscribe in relation to such messages sent to the Registered Agent.
11. On becoming a Registered Agent, the Registered Agent permits Jetstar to send to it marketing material and other information by email from commencement. However, Jetstar will include unsubscribe functionality with each message containing such marketing material and the Registered Agent may unsubscribe at any time.
12. Registered Agents must not distribute the Airlines fares on-line direct to any customer, or distribute or otherwise make available fares to third parties who distribute fares on-line direct to customers, unless they and Jetstar have executed Jetstar's "Online Sales Agency Agreement" or Jetstar otherwise authorises such distribution in writing.
13. Registered Agents must display clearly to all of their customers the purchased baggage allowance, product inclusions and any other information provided to the Registered Agent by Jetstar that is set out on either or both of the booking confirmation page and/or the itinerary that is provided by the Registered Agent to the customer.
14. Registered Agents must ensure that all advertising complies fully with all Australian, US Department of Transport and other governing legislation and regulations, where these are applicable. Where applicable governing legislation and regulations require, Registered Agents' advertising of an Airline's fares or other products must quote a single price for each fare or product that is inclusive of all third party and government surcharges, fees and taxes.
15. Registered Agents must comply with all lawful directions given by Jetstar in relation to advertising, and communications by the Registered Agents to their customers in relation to fees and charges, flight status, flight conditions, prices and other matters.
16. If you do not wish to accept the Conditions, click on the "Do not accept" button or instruct the applicable GSA or Jetstar Sales Representative in writing to terminate your application and return any Documentation.
'Adjustment Note' means adjustment note or debit/credit note as defined by the relevant GST Laws but if there are no GST Laws applicable then a debit or credit note;
'Agent' means a person who carries on business as a travel agent and who is licensed as a travel agent (if required) under applicable laws;
'Airline' means an airline notified under clause 4.20, depending on which airline the Registered Agent is acting as an agent for, when using the Booking Facility or when booking, or servicing bookings for, flights. The applicable Airline will be shown on the itinerary receipt/Tax Invoice;
'API' means the Jetstar application program interface that allows direct access to an Airline's flight inventory;
'Australian Registered Agent' means a Registered Agent who carries on business in Australia;
'Booking Facility' means the facility that enables Registered Agents to search availability and make bookings either through this Site, a GDS or API.
'BSP' means the Billing and Settlement Plan operated by or on behalf of the International Air Transport Association;
'Organisation Code' means the travel agency identification number provided to or by you, subject to these Conditions;
'Conditions of Carriage' means the applicable tariffs and rules of carriage governing the transport of a passenger which are incorporated by reference in the ticket of that passenger.
'Confidential Information' means all information disclosed (whether orally or in writing or in any other form) by an Airline to the Registered Agent which is identified as being confidential or which the Registered Agent knows or reasonably ought to know is confidential and all copies, notes and records and all related information based on or arising out of any such disclosure which is not:
a) in the public domain (otherwise than as a result of a breach of the Registered Agent's or any third party's confidentiality obligations); or
b) independently developed or known by the Registered Agent.
'Credit Card' means a credit or charge card issued by or carrying the mark of American Express, UATP, Diners Club International, MasterCard, Visa, Bankcard or any other card nominated by the Airline from time to time;
'Damages' means liabilities, expenses, losses, damages and costs (including legal costs on a full indemnity basis and whether incurred by or awarded against a party);
'Documentation' means any documentation supplied with or obtained from the Site;
'Due Date' means the date and time on which payment is due for an Airline PNR held under a Hold Condition.
'Fare' means the applicable Airline's published fare inclusive of all surcharges, fees and taxes (including GST and Ticket Taxes) imposed on air travel and collected by that Airline;
'GDS' means a global distribution system which has authority from the applicable Airline to distribute that Airline's fares;
'GSA' means General Sales Agent, a Jetstar sales representative in a given market who will act as Jetstar's agent and be appointed by Jetstar in its sole discretion. The GSA may accept Agent registration requests and create new bookings, process limited changes to bookings and apply payment on Jetstar's behalf;
'GST' means any goods and services tax, value added tax, sales tax, commercial tax, services tax and any other tax imposed on the sale or supply of goods, services and rights including but not limited to a tax imposed by the A New Tax System (Goods & Services Tax) Act 1999 (Cth) and the related imposition Acts of the Commonwealth of Australia;
'GST Laws' means the GST legislation, regulations, taxation authority rulings or other relevant subordinate legislation that apply to the Registered Agent and Airline in connection with these Conditions;
'Hold Condition' means the ability for a Registered Agent to hold an Airline PNR for a specified period of time before the Due Date.
'Jetstar' means Jetstar Airways Pty Limited (Australian Business Number 33 069 720 243 and New Zealand GST Registration Number 91 233 487);
'Jetstar Asia' means Jetstar Asia Airways Pte Limited, a company registered under the laws of Singapore (Reg No. 200403570D);
'Jetstar Group' means each of the Airlines and their respective related bodies corporate, as that term is defined in the Corporations Act 2001 (Commonwealth of Australia);
'Jetstar Group Company' means a company which is a member of the Jetstar Group;
'Jetstar Group Trade Mark' means any trade mark, whether registered or not, that is owned by any Jetstar Group Company;
'Jetstar Japan' means Jetstar Japan Co., Ltd, a company registered under the laws of Japan (Reg. No. 0100-01-143108)
'Jetstar Pacific' means Jetstar Pacific Airlines Joint Stock Aviation Company, a company incorporated under the laws of Vietnam;
'Jetstar Sales Representative' means an individual appointed by Jetstar to be responsible for, among other things, dealing with any Agent and managing its bookings.
'New Zealand Registered Agent' means a Registered Agent who carries on business in New Zealand;
'Personal Information' means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion;
'Privacy Notice' means the relevant Airline's privacy statement;
'PNR' means "Person name record" and is the unique identifier to a booking within the Airlines reservation system
'Registered Agent' means an Agent who has made an application for registration through this Site, applicable GSA or Jetstar Sales Representative and has had their application approved in writing by Jetstar and maintains that approval.
'Remuneration' means the remuneration to be paid by the Applicable Airline to the Registered Agent under these Conditions;
'Remunerable Channel' means only the Site, API or the relevant GSA or Jetstar sales representative. Where the Registered Agent's sales office that processes the booking is located in Indonesia, 'Remunerable Channel' also includes the GDS.
'Remunerable Fares' are gross fares identified by Jetstar as remunerable and which are only available pursuant to clause 7.1;
'Remunerable Market' means Australia, New Zealand, United States, Indonesia, Taiwan and Cambodia. This definition is subject to amendment by Jetstar at any time in its sole discretion;
'RCTI' means Recipient Created Tax Invoice in Australia or Buyer Created Tax Invoice in New Zealand as defined by the relevant GST Laws;
'Site' means the Airlines' travel agent web site located at jetstar.com/agents;
'Staff' means officers, employees, contractors, subcontractors and agents of a party;
'Tax Invoice' means a tax invoice as defined by the relevant GST Laws that enable a recipient of a supply to claim tax credits for the GST paid in respect of the supply but if there are no GST Laws applicable then an invoice;
'Taxes' means all present or future taxes, levies, imposts, deductions, charges, duties, compulsory loans or withholdings (together with any related interest, penalty, fine or expense in connection with any of them) levied or imposed by any government authority, other than any imposed on overall net income;
'Term' means the period during which the Registered Agent is subject to these Conditions, as determined by Clause 11.1 under the heading "Term and Termination";
'Ticket Taxes' means all taxes, fees, levies and charges including fuel and insurance surcharges recoverable from the passenger on the sale of an airline flight and separately identified on the Jetstar itinerary/Tax Invoice, including but not limited to those payable by the ticketing carrier or ultimately payable by the operating carrier;
'Valuair' means Valuair Limited, a company registered under the laws of Singapore (Reg No. 200302952W).
- 2.1. If and upon approving your application to register, Jetstar grants to the Registered Agent a non-exclusive licence to use the Site, make bookings through the Booking Facility and use the Documentation to the extent required to make and service those bookings ('Licence').
- 2.2. The Registered Agent acknowledges that the Licence is not exclusive to it, and that an Airline may license any person, including the Registered Agent's competitors, to use the Site and make Airline bookings.
- 2.3. Either party may terminate the Licence by giving 1 days written notice to the other party.
3. Registered Agent's obligations
3.1. In jurisdictions where it is required by law, any regulatory authority or an industry body to hold a licence in order to carry on the business of a travel agent, the Registered Agent must hold such licence throughout the Term and must notify Jetstar immediately if that licence is revoked, cancelled or not renewed.
- 3.2. The Registered Agent must:
- a) not copy, reproduce, translate, adapt, vary, modify or reproduce data from the Site or Documentation without the written consent of Jetstar, except as expressly authorised by these Conditions;
b) complete, update and maintain all required registration details;
c) ensure that all bookings made through the Site are paid for in accordance with these Conditions and clause 4 of the applicable Airlines Conditions of Carriage.
d) ensure its Staff who have authorised access to the Site, the Consumer Sites and Documentation are made aware of, and comply with, these Conditions;
e) ensure its Staff receive adequate training in the use of the Site;
f) not provide or otherwise make available the Site, the Consumer Sites or Documentation (or any parts thereof) in any form to any person without the prior written consent of Jetstar, except as expressly authorised by these Conditions;
g) ensure all information supplied to the applicable Airline is accurate and not misleading, and immediately notify the applicable Airline of any change to such information;
h) complete and keep up-to-date user profiles without delay;
i) take all steps necessary to ensure that access to the Site is restricted to those Staff who are authorised to access the Site, including without limitation, keeping logons and passwords secure;
j) ensure that passwords and agency profiles are updated to prevent access by Staff who are no longer authorised to access the Site;
k) not allow customers of the Registered Agent direct access to the Site;
l) not create any hyperlink from the Registered Agent's web site to the Site, the Consumer Sites or any part of the Site or Consumer Sites (including without limitation the Booking Facility), unless Jetstar has otherwise agreed in writing;
m) if making a booking for an Airline flight through a GDS, comply with all applicable requirements of the GDS or the Airline relating to GDS bookings.
4. Making Bookings
4.1. Jetstar will enable the Registered Agent to access the Booking Facility with their Organisation Code. The Registered Agent undertakes to maintain adequate security of the password and keep the password confidential.
- 4.2. The Registered Agent must supply all information requested by Jetstar during the booking process including passenger contact details at origin and destination. In addition, the applicable Airline may request any information it reasonably requires from the Registered Agent. Upon receipt of the request the Registered Agent must provide the applicable Airline with all information requested within 2 days.
- 4.3. Upon receipt of acknowledgement of successful registration, the Registered Agent may make bookings through the Site.
- 4.4. The Registered Agent must ensure that all information provided the applicable Airline through the Booking Facility is complete and accurate.
- 4.5 Jetstar may suspend a Registered Agent's access to the Booking Facility and / or Site, immediately if Jetstar reasonably believes that the Registered Agent is in breach of these Conditions.
- 4.6. Subject to clause 4.5, during the term Jetstar will:
- a) accept bookings for the applicable Airline's flights made by the Registered Agent on the Site; and
- b) where payable under these Conditions, pay Remuneration to the Registered Agent for bookings for Remunerable Fares in accordance with the "Payment of Remuneration" provisions below, provided such bookings are made in accordance with these Conditions.
- 4.7. The Registered Agent must provide each of its customers, prior to making such booking, with the relevant terms and conditions in respect of the booking issued by the applicable Airline. This includes the applicable Airline's Conditions of Carriage and any particular conditions relating to the fare type being purchased.
- 4.8. Subject to Clause 4.10, the applicable Airline will issue to the customer an itinerary/Tax Invoice in respect of all bookings made by the Registered Agent, as agent for the applicable Airline. The itinerary/Tax Invoice will be sent by email to the email address specified by the Registered Agent.
- 4.9. Subject to Clause 4.10, the applicable Airline will issue to the customer an itinerary/Adjustment Note in respect of any refund processed by the Registered Agent, or any alteration made to the existing booking by the Registered Agent, as agent for the applicable Airline. The itinerary/Adjustment Note will be sent by email to the email address specified by the Registered Agent.
- 4.10. If the e-mail address specified by the Registered Agent pursuant to Clause 4.8 or Clause 4.9 is the Registered Agent's e-mail address, the Registered Agent must, as agent of the applicable Airline, provide the customer with the itinerary/Tax Invoice and any further itinerary/Adjustment Note, unless the Registered Agent issues its own itinerary/Tax Invoice and any further itinerary/Adjustment Note pursuant to Clause 4.11.
- 4.11. The Registered Agent may, at its discretion, issue to the customer their own itinerary and Tax Invoice/Adjustment Note in respect of any booking made through the Registered Agent as agent for the applicable Airline. In these circumstances:
a) The Registered Agent must only issue an itinerary and Tax Invoice/Adjustment note if the booking is confirmed in line with the applicable Airline's Conditions of Carriage
- b) the Registered Agent must ensure that the Tax Invoice or Adjustment Note is accurate and complies with all applicable GST Laws.
- c) the Registered Agent must ensure the Tax Invoice or Adjustment Note at a minimum contains;
I. the Airline PNR details;
- II. the applicable Airline flight number and flight details including local departure date and time;
- III. the applicable Airline flight departure and arrival station including terminal information
- IV. the applicable Airline's check-in times;
- V. the applicable Airline's carry-on and checked baggage rules;
- VI. the fare rules applicable to the booking;
- VII. the Airline's key Conditions of Carriage and where to find the full text of the Conditions of Carriage
4.12. When payment is made with the customer's Credit Card the Registered Agent must obtain a written authority from the customer authorising the use of the Credit Card. If the applicable Airline is required to refund any amount as a result of the Registered Agent's failure to obtain such authorisation or for any other reason relating to payment and beyond that Airline's control, the amount becomes a debt immediately payable by the Registered Agent to Jetstar and Jetstar may set off this amount against any payment due to the Registered Agent under these Conditions or any other arrangement.
- 4.13. The Registered Agent may settle using the BSP only if separately approved in writing by Airline. Such settlements will be in accordance with the applicable BSP rules. The Airline reserves the right to conduct such financial checks as it deems appropriate before approving settlement through BSP. The Airline also reserves the right to conduct credit checks on the Registered Agent at any time, or on an ongoing basis, and to revoke its permission for the Registered Agent to settle its accounts via BSP at any time and at its sole discretion.
- 4.14. Notwithstanding clause 4.16, the Registered Agent must ensure payment is made immediately to the applicable Airline for the total Fare in the applicable currency for each booking:
a) by the Registered Agent's Credit Card or the customer's Credit Card; or
- b) through BSP for BSP approved Registered Agents in the next BSP billing cycle;
- c) any other payment channels made available by the applicable Airline in its sole discretion.
4.15 The Airline may extend a Hold Condition to a Registered Agent. Jetstar reserves the right to amend the Hold Condition at any time including removing a Registered Agent's access to a Hold Condition. Full and complete payment must be made before the Due Date, otherwise clause 4.16 will apply. It is the Registered Agent's responsibility to ensure that payment is made before the Due Date, and to comply with all other terms of the Hold Condition.
- 4.16 If the Airline has not received full and complete payment in line with these Conditions then the Airline may cancel the booking, in which case the Registered Agent is responsible for and must indemnify the Airline against all Damages arising in connection with the cancellation, including any reasonable settlement made with the customer that the Airline deems appropriate. The Airline may set off any amounts due to it under this clause against any payment due to the Registered Agent under these Conditions or any other arrangement.
- 4.17 The Airline may vary or amend the payment method for bookings made by the Registered Agent on the Site.
- 4.18 The Airlines as at 1 February 2012 are Jetstar, Jetstar Pacific, Jetstar Asia, Jetstar Japan and Valuair. Jetstar may add or delete an Airline from these Conditions at any time by giving written notice to the Registered Agent.
- 4.19 Registered Agents connecting through an API must be Registered Agent. Registered Agents must also:
(a) ensure that the following occurs in respect of each enquiry submitted to the Booking Facility:
i) All available Airline fares applicable to their enquiry are displayed so that the person conducting the enquiry is not deprived of information that is relevant to their enquiry;
- ii) Airline fares are displayed in an unbiased manner as compared to the fares of other airlines with all fares listing in ascending price order except when some other display or sort criteria is specified by the person conducting the enquiry;
- iii) A specific reference to the ability for Qantas Frequent Flyer members to earn points and status credits on eligible fares is included.
- (c) comply with any technical direction from Jetstar relating to use of the API and API service provider agreement, including without limitation relating to the look-to-book ratio.
- 4.20 All bookings made on the Booking Facility by using the Registered Agent's Organisation Code are that Registered Agent's sole responsibility. This includes, subject to clause 4.8 and clause 4.9, coordinating any communication relating to any schedule change or disruption without delay to the passenger. The Registered Agent indemnifies each Jetstar Group Company against any costs (including any fines or penalties), losses or expenses incurred by any Jetstar Group Company as a result of any breach by the Registered Agent of this clause 4.
5. Booking Limitations
- 5.1. The Registered Agent must not offer to make or attempt to make a booking through this Site, API or GDS for a customer requiring special assistance without notifying the Airline's customer contact centre.
- 5.2. Charter booking requests cannot be made through the Site, the GDS or the API and must be made direct to the Airlines' sales team by e-mailing Groupsales@jetstar.com or by completing the online form on www.jetstar.com/groups.
6. Changing Bookings
6.1. Any changes made by the Registered Agent to bookings made on the Site must be made either on this Site or through the Airline's customer contact centre. Bookings made via the Site, API and GDS cannot be amended via the Consumer Site.
6.2. Any changes made by the Registered Agent to bookings made through a GDS must be made through that GDS or via the Airline's customer contact centre.
6.3. Requests for a refund of any booking made through any Booking Facility, must be made by contacting the Airline's customer contact centre.
6.4. Any changes made by the Registered Agent to bookings made through an API may be made via the Airline's customer contact centre or the Site.
6.5. Changes will be subject to change fees and fare differences where applicable. The Registered Agent may pass on these charges to its customers. However, if the Registered Agent chooses to charge the customer a fee that is larger than the applicable Airlines' change fees and fare difference, the Registered Agent must inform the customer that the additional amount is a charge levied by the Registered Agent and clearly disclose this additional amount as a Registered Agent fee.
6.6. No Remuneration is payable in respect of any amounts relating to booking changes.
7. Payment of Remuneration
7.1. The Airline will pay the Registered Agent any applicable Remuneration (inclusive of GST, where applicable) for each booking of a Remunerable Fare made by the Registered Agent in relation to the Airline's flights.
7.2. For bookings where payment is received through BSP, the Airline will credit the amount of any applicable Remuneration to the Registered Agent's BSP. In doing so it may set off any amounts owed by the Registered Agent to the Airline against the amount to be paid to the Registered Agent. For bookings where payment is made by Credit Card and the Registered Agent is not approved for BSP the Airline will pay any Remuneration to the Registered Agent via bank deposit.
7.3. Registered Agents registered with Jetstar for BSP will have all payable Remuneration paid via BSP regardless of the original method of payment.
7.4. Registered Agents not registered for BSP will have any Remuneration paid by
a) Direct credit or telegraphic transfer through EFT to the bank account nominated by the Registered Agent at the time of registration or otherwise notified to the Airline by the Registered Agent if the Registered Agent is located in Australia, New Zealand or the USA. Payments will not be made by cheque; or
- b) Via the Registered Agent's relevant GSA if the Registered Agent is located in Cambodia, Indonesia or Taiwan.
- 7.6. Any Remuneration will be at a rate nominated by the Airline from time to time and will be posted on the Site.
- 7.7. No Remuneration is payable for cancelled bookings. If any payable Remuneration has already been paid with respect to a booking that is subsequently cancelled the Airline will deduct the amount already paid from the next Remuneration payment.
- 7.8. The Airline may, by giving 30 days notice to the Registered Agent which will be posted on the Site, vary or amend:
- a) the rate of any payable Remuneration including reducing the rate to zero; or
- b) the frequency of making payments of any payable Remuneration; or
- c) the manner in which the Airline pays any payable Remuneration to the Registered Agent; or
- d) the type of any Remuneration payable in respect of bookings made by the Registered Agent on the Site or, if applicable, through any other method.
8. GST and Taxes
8.1. Unless expressly stated to be inclusive of GST, the change fee and any other consideration for supplies under these Conditions (other than required by clause 8.3.) ("Base Price") has been calculated exclusive of GST.
8.2 The payment of any payable Remuneration is inclusive of GST, where applicable.
8.3. If GST is imposed on a supply made pursuant to these Conditions, the recipient of that supply must pay, in addition to the Base Price, an amount equal to the GST payable by the supplier in respect of that supply. Subject to Clause 8.4, any amount payable under this Clause 8.3 is payable on the day that payment of the Base Price (or part of the Base Price) for the supply, that has given rise to the obligation to pay GST, is required pursuant to these Conditions or where the Base Price is non-monetary consideration, seven days after the recipient receives a Tax Invoice for the supply.
8.4. Where GST is imposed on a supply, the Registered Agent must ensure that any invoice or other request or demand for payment for supplies provided by it to the Airline constitutes a Tax Invoice that will enable the Airline to claim tax credits in respect of supplies to which the invoice relates. No amount will be due and payable by the Airline in respect of a supply under these Conditions unless the Airline has received from the party making the supply an invoice which complies with this clause.
8.5. Each party will use its reasonable efforts to do everything required by the relevant GST legislation to enable or assist the other party to claim or verify any tax credit, set off, rebate or refund in respect of GST paid or payable in connection with supplies under these Conditions.
8.6. If an amount payable by the Airline under these Conditions is calculated by reference to a cost, expense or other liability ('Cost') incurred by any person including the Registered Agent, the Cost for the purposes of that calculation will be the amount of the Cost actually incurred by the relevant party less the amount of any tax credits which that party is entitled to claim in respect of that Cost. The Registered Agent must provide details of the Cost and any tax credits to the Airline on demand.
8.7. If the Registered Agent has the Airline's approval to settle through either BSP, in order to address the payment of GST (where applicable) and Ticket Taxes on the sale of air travel or other travel arrangements under these Conditions, the Airline will debit the BSP system system for the Fare (inclusive of GST and Ticket Taxes).
8.8. If the Registered Agent is not a BSP, in order to address the payment of GST (where applicable) and Ticket Taxes payable on air travel or other travel arrangements sold by the Registered Agent under these Conditions, the Registered Agent will either provide the Airline with details of:
8.8.1. the actual Fare paid by the customer, inclusive of GST and Ticket Taxes, and remit that amount to the Airline; or
- 8.8.2. the gross Fare, exclusive of GST and inclusive of Ticket Taxes, and remit that amount to the Airline and also remit to the Airline an amount equal to the GST liability applicable to the Fare.
- 8.9 For Australian Registered Agents, Jetstar and the Registered Agent agree that in accordance with Australian GST Laws, for the purpose of providing Tax Invoices in respect of payment of any payable Remuneration:
- 8.9.1 Jetstar will issue Recipient Created Tax Invoices ('RCTI') and Adjustment Notes in accordance with the relevant GST Laws for all goods and services supplied by the Registered Agent to Jetstar pursuant to these Conditions.
- 8.9.2 The Registered Agent will not issue Tax Invoices in respect of the supplies referred to in Clause 8.9.1.
- 8.9.3 The Registered Agent warrants to Jetstar that it is registered for GST and that it will notify Jetstar if it ceases to be registered for GST or if it ceases to satisfy the requirements of the Goods and Services Tax Ruling 2000/10 ('GSTR 2000/10').
- 8.9.4 Jetstar warrants to the Registered Agent that it is registered for GST and it will notify the Registered Agent if it ceases to be registered for GST or if it ceases to satisfy the requirements of 'GSTR 2000/10'.
- 8.9.5 Jetstar will not issue a document that would otherwise be a RCTI, on or after the date when Jetstar becomes aware that:
- (a) it does not comply with the requirements of the GSTR 2000/10; or
- (b) the Registered Agent does not comply with the requirements of the GSTR 2000/10; or
(c) either party is not registered for GST.
- 8.9.7 Jetstar will ensure that the RCTI shows the ABN provided by the Registered Agent to the Jetstar.
8.10.1 Jetstar will issue RCTIs and Adjustment Notes in accordance with the relevant GST Laws for all goods and services supplied by the Registered Agent to Jetstar pursuant to these Conditions.
- 8.10.2 The Registered Agent will not issue Tax Invoices in respect of the supplies referred to in Clause 8.10.1.
- 8.10.3 Jetstar has approval from the New Zealand Inland Revenue Department to issue a RCTI to each Registered Agent who is party to these Conditions.
- 8.12 If the Airline is obliged to make any deduction or withholding on account of any Taxes in connection with these Conditions, the Airline may withhold the relevant amount from the payment due to the Registered Agent and will promptly pay that amount to the relevant authority. The Airline will have no obligation to pay an additional amount to the Registered Agent in relation to the withheld amount. The Airline will upon the Registered Agent's written request provide the Registered Agent with all reasonable documentation required by the Registered Agent so that the Registered Agent can establish that the Airline has paid the relevant amount in order to claim any deductions, refunds, credits, allowances or remissions owed to the Registered Agent.
- 8.13 For Australian Registered Agents, in compliance with the relevant withholding tax legislation or any Australian Taxation Office Public Ruling, Jetstar may withhold an amount of tax (the current rate being 46.5%) from any payment it makes to the Registered Agent for a supply, unless the Registered Agent provides to Jetstar an invoice or other document relating to the supply that quotes the Registered Agent's Australian Business Number or the Registered Agent provides Jetstar with a written statement in a form approved by the Australian Taxation Office as to the reason for not quoting an Australian Business Number.
9. Liability and Indemnity
9.1. The Registered Agent acknowledges that the Site, Booking Facility, Documentation and GDS information cannot be guaranteed error free and further acknowledges that the existence of any such errors will not constitute a breach of these Conditions by the Airline.
9.2. Jetstar and each Airline exclude any implied warranties in relation to the Site, Booking Facility, Documentation, API and GDS information except that, if any statute implies terms into these Conditions which cannot be lawfully excluded, Jetstar and each Airline's liability under such terms will be limited to the maximum extent permitted by law, at the option of the Jetstar, to any one or more of the following,
(a) in the case of services:
i) the supplying of the services again; or
- ii) the payment of the cost of having the services supplied again,
i) the replacement of the goods or the supply of equivalent goods;
- ii) the repair of such goods;
- iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- iv) the payment of the cost of having the goods repaired.
9.3. Jetstar and each Airline will not be liable under or in relation to these Conditions for any special, indirect, incidental, or economic loss or damage (including loss of profits, revenue, anticipated savings, bargain, opportunity or goodwill) or any loss of or damage to data, whether or not the possibility of those losses or damages being suffered is brought to the attention of the Airline.
9.4. Jetstar and each Airline is not liable for and the Registered Agent indemnifies each Airline and each Jetstar Group Company and their respective Staff in respect of all Damages to the extent suffered or incurred in connection with, arising out of or in respect of:
a) any breach of these Conditions by the Registered Agent including without limitation where the Registered Agent has made a representation to a customer or customers which is outside the scope of the agency or not in accordance with an Airline's specific directions, fare rules, Conditions of Carriage or other terms and conditions;
- b) any actual or alleged infringement of any intellectual property rights by the Registered Agent or its Staff in relation to this Site or in connection with these Conditions;
- c) any misuse or unauthorised use of the Site or Booking Facility using equipment owned or controlled by the Registered Agent, by any person (including, without limitation any misuse or unauthorised use of the Organisation Code, passwords and logons);
- d) any misuse or unauthorised use of the customer's or Registered Agent's Credit Card or bank account in relation to a booking made using equipment owned or controlled by the Registered Agent or using the Registered Agent's Organisation Code, passwords or logons;
- e) any attempt by the Registered Agent or its Staff to make a booking using the Direct Deposit provisions other than in accordance with the instructions set out on the Booking Facility;
- f) any attempt by the Registered Agent or its Staff to make a booking for a customer requiring special assistance without notifying the Airline's customer contact centre;
- g) use of the Site or Booking Facility for any purpose not authorised by Jetstar;
- h) any unauthorised bookings made by the Registered Agent or its Staff such as agent rebate travel or incorrect class of travel;
- i) any breach of applicable laws, legal duty, legal obligation or any other agreement by the Registered Agent or any of its Staff (other than in circumstances where the Registered Agent, acting reasonably, relied on information provided by Jetstar); and
- j) any loss or damage to data connected with the Registered Agent or its Staff accessing or using data from the Booking Facility, including without limitation through the API.
9.5. The Registered Agent acknowledges that it has exercised its independent judgment in acquiring access to the Site and has not relied on any representation made by an Airline or any of its Staff which has not been stated expressly in these Conditions or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by the Airline or any Jetstar Group Company.
9.6. Liability of the Airlines under these Conditions is several and not joint and relates only to the relevant booking.
10. Intellectual Property Rights
10.1. The Registered Agent acknowledges that it does not acquire any intellectual property rights in the Site, the API, the Consumer Sites or any Documentation except for those rights expressly set out in these Conditions. The Registered Agent must not during or any time after the expiry or termination of these Conditions permit any act which infringes the intellectual property rights of any Jetstar Group Company. Without limiting the generality of the foregoing, the Registered Agent specifically acknowledges that it must not:
a) copy or reproduce, emulate or represent the Site, the Consumer Sites or Documentation (or any part thereof) unless expressly authorised to do so in writing by Jetstar, or
- b) use the Airline's name or any Jetstar Group Trade Mark (or any part thereof) as a key word, search term, sponsored link, or similar, on any third party search engine such as Google or Overture, unless expressly authorised to do so in writing by the applicable Airline.
11. Term and Termination
11.1. These Conditions commence in relation to a Registered Agent when Jetstar grants the Registered Agent access to the Site following acceptance of the Registered Agent's application for registration. The Registered Agent is deemed to accept these Conditions as detailed below under the heading "General". These Conditions will continue to apply in relation to that Registered Agent until terminated in accordance with these Conditions ('Term').
11.2. These Conditions may be terminated:
(a) by Jetstar or the Registered Agent at any time upon 30 days written notice to the other party; and
- (b) by Jetstar immediately if the Registered Agent:
i. fails to pay any amount due to the Airline pursuant to these Conditions;
- ii. is in breach of any of these Conditions;
- iii. is in the opinion of Jetstar not operating as an agent in the best interests of the Airline or the Jetstar Group;
- iv. has its travel agency licence cancelled or revoked, or it otherwise expires or lapses if such a license is required to carry on the business of a travel agent in the Registered Agent's jurisdiction;
- v. disposes of the whole or any part of its assets, operations or business other than in the normal course of business;
- vi. ceases to be able to pay its debts as they become due;
- vii. ceases to carry on business;
- viii. being a corporation, becomes the subject of insolvency proceedings, or has a liquidator or receiver and/or manager or other like person appointed over any of its assets;
- ix. being a firm or partnership, becomes the subject of an event of bankruptcy or is dissolved;
- x. damages, misuses or permits the misuse of the Site or Documentation; or
- xi. breaches any direction by the Airline relating to the use of a GDS to book Airline flights.
11.3 After termination of these Conditions in relation to a Registered Agent, the Registered Agent:
a) must not access the Site or the API (if applicable);
- b) must immediately return to each Airline or destroy in the manner directed by the applicable Airline any copies of the Documentation in its possession or control; and
- c) will not be entitled to Remuneration for bookings made after termination.
11.4 Termination of these Conditions will not affect any accrued rights or remedies that an Airline may have under these Conditions or at law.
11.5 The provisions of these Conditions relating to intellectual property rights, liability and indemnity, privacy and Confidential Information survive termination of these Conditions.
12.1. Cookies are small pieces of data stored on the web browser on your computer. Any web server (including this one) may:
a) store one or more cookies in your browser; or
- b) request your browser to transmit this data back to the web server; or
- c) request your browser to transmit a cookie which has been stored on your browser by another site within the same internet domain.
12.2. The Site may store cookies on your web browser or computer in order to improve service for you on your subsequent visits to the Site.
12.3. By using cookies, web sites can track information about visitors' usage of the site, providing customised content, or even the use of password protection. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser at any time and remove any that you do not want.
13. Use of Personal Information and Confidential Information
13.1. The Registered Agent acknowledges that it does not acquire any ownership of the data entered on the Site or in a GDS.
13.2. The Airlines may use and disclose the information provided to any of them by or on behalf of the Registered Agent or Staff, in accordance with the Privacy Notice.
13.3. The Registered Agent must provide a copy of the Privacy Notice to each customer before, when, or if that is not practicable as soon as practicable after, collecting Personal Information about an individual in connection with a product or service supplied by an Airline.
13.4. The Registered Agent must not disclose any Confidential Information of any Jetstar Group Company to any person unless:
a) required by law to do so; or
- b) the Registered Agent has acquired the information independently without breaching any obligation of confidentiality to any person; or
- c) the Registered Agent has the prior written consent of the applicable Jetstar Group Company to the disclosure.
13.5. The Registered Agent acknowledges that the information contained in the Site and Documentation is confidential. The Registered Agent must take all reasonable steps to safeguard the Airlines' rights of ownership and confidentiality of the Site and Documentation.
13.6. On termination of these Conditions, or earlier on reasonable request by the Airline, the Registered Agent must promptly return to the Airline or destroy any or all copies of the Airline's Confidential Information, in which case any right to use, copy or disclose that Confidential Information ceases.
14.1. The Airlines will not be responsible for any delay or failure in performance resulting from anything outside its reasonable control, including without limitation delays or failures caused by third parties.
14.2. The Registered Agent must not attempt to transfer or otherwise deal with the Licence or these Conditions, whether by novation, assignment, sub-licensing or otherwise, without Jetstar's prior written consent.
14.3. Failure or neglect by either party to enforce at any time any of the provisions of these Conditions will not be construed or deemed to be a waiver of that party's rights under these Conditions.
14.4. Nothing in these Conditions gives rise to any relationship of joint venture, partnership or employer and employee between any Airline and the Registered Agent or between any Airline and any Staff of the Registered Agent.
14.5. The Registered Agent must comply with and ensure its Staff comply with:
- a) all applicable laws, regulations and guidelines relating to or connected in any way to the provision of travel services applicable in the jurisdiction where the Registered Agent carries on business including without limitation relating to privacy, trade practices, and fair trading.; and
- b) any instructions or directions issued by the applicable Airline relating to or connected in any way to the use of the Site or the Registered Agent's obligations under these Conditions.
14.6. The carriage of passengers, baggage and cargo by air is subject to the Conditions of Carriage and rules of the relevant Airline. A copy of the Airlines' Conditions of Carriage is available on each respective Airline's web site; currently: http://www.jetstar.com/au/en/index.aspx, http://www.jetstar.com/sg/en/index.aspx, and http://www.jetstar.com/vn/en/index.aspx
14.7. Jetstar may make changes to the Site without notice to you. Jetstar may make changes to these Conditions from time to time in addition to the types of changes referred to in elsewhere in these Conditions. Updated Conditions will be placed on the Site. The updated Conditions will be binding on the Registered Agent from the time they are placed on the Site.
14.8. These Conditions are governed by and construed according to the law of the State of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.
14.9. These Conditions:
a) constitute the entire agreement between the parties as to their subject matter but do not override any specific conditions relating to use of a GDS; and
- b) in relation to that subject matter, supersede any prior understanding or agreement between any Airline and the Registered Agent.