1. The Booking Facility on this Site may be used only by Agents who have been registered through this Site or via the GSA. An application for registration must be made through this Site or by written application to the applicable GSA.
2. 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'). Do not proceed until you have read and accepted all of these Conditions and wish to become registered.
3. When you click the "Accept" button at registration or request the applicable or Jetstar Sales Office proceed with your application, you will be deemed to have accepted the Conditions on behalf of yourself, your company and each of your Staff.
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 Agents who are registered through this Site or GSA and who either elect to book Remunerable Fares or where the Agent’s sales office that initiated the booking is located in a Remunerable Market. No Remuneration is payable for bookings created via the GDS (unless the Agent’s sales office that initiated the booking is located in Indonesia) or Jetstar call centre.
7. Agents wishing to distribute fares through an API must first agree to these Conditions by registering on this Site or GSA. You must then register with a Jetstar licensed IT provider who has agreed and signed our “Information Technology ServiceProvider Agreement.” No Remuneration is payable for fares that are distributed online direct to consumers. Requests for agreements should be directed toSales@jetstar.com.
8. 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 registering as an Agent, the Agent agrees to Jetstar sending this information to it for the duration of such registration, and Jetstar will not include a functional unsubscribe in messages sent to the Agent while that Agent’s registration remains on foot.
9. 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 online direct to customers, unless they and Jetstar have executed Jetstar’s “Online Sales Agency Agreement” or Jetstar otherwise authorises such distribution in writing.
10. Agents must clearly display to all of their customers the purchased baggage allowance and product inclusions provided to the Agent by Jetstar on both the booking confirmation page and the itinerary provided by the Agent to the customer.
11. Where the Agent advertises Jetstar fares, such advertising must quote a single price for each fare or product that includes all third party and government surcharges, fees and taxes, and in addition the Agent agrees to ensure that such advertising complies fully with all Australian, US Department of Transport and other governing legislation and regulations.
12. In addition to clause 11, the Agent must take all reasonable steps to comply with all Australian, US Department of transport and other governing legislation and regulations, where directed reasonably by Jetstar.
13. If you do not wish to accept the Conditions, click on the "Do not accept" button or instruct the applicable GSA or Jetstar Sales Office in writing to terminate your application and return any Documentation.Conditions
'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 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;
'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 Agent which is identified as being confidential or which the 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 Agent's or any third party’s confidentiality obligations); or
b) independently developed or known by the Agent.
‘Consumer Sites’ means the Airlines’ website which is made available to consumers and is located at www.jetstar.com, and includes all variations of such website (eg.www.jetstar.co.nz) '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, the sole sales representative in any 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 Commonwealthof Australia;
'GST Laws' means the GST legislation, regulations, taxation authority rulings or other relevant subordinate legislation that apply to the Agent and Airline in connection with these Conditions;
‘Hold Condition’ means the ability for an 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 Pacific’ means Jetstar Pacific Airlines Joint Stock Aviation Company, a company incorporated under the laws of Vietnam;
‘Jetstar Sales Office’ means the local Jetstar office nominated by Jetstar as being responsible for, among other things, dealing with Agents and managing bookings.
'New Zealand Agent' means an 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' means registered to use the Booking Facility and to receive Remuneration (if applicable);
'Remuneration' means the remuneration to be paid by Jetstar to the Agent for booking Remunerable Fares for that Airline's flights as per clause 7;
‘Remunerable Channel’ means the Site and API. For Agents located in Taiwan and Cambodia this definition also includes their relevant GSAs in addition to the Site and the API. For agents located in Indonesia this definition also includes the GDS in addition to the Site, the API and their relevant GSA;
‘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 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 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 Agent acknowledges that the Licence is not exclusive to it, and that an Airline may license any person, including the 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 theother party.
3. 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 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 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 tosuch 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 Agent direct access to the Site;
l) not create any hyperlink from the 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 Agent to access the Booking Facility with their Organisation Code. The Agent undertakes to maintain adequate security of the password and keep the password confidential.
4.2. The 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 Agent. Upon receipt of the request the Agent must provide the applicable Airline with all information requested within 2 days.
4.3. Upon receipt of acknowledgement of successful registration, the Agent may
4.4. The Agent must ensure that all information provided the applicable Airline through the Booking Facility is complete and accurate.
4.5 Jetstar may suspend an Agent’s access to the Booking Facility and / or Site, immediately if Jetstar reasonably believes that the 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 Agent on the
b) where bookings are made in relation to Remunerable Markets only, pay Remuneration to the Agent for bookings made via the Site or API 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 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 Agent, as Agent for the applicable Airline. The itinerary/Tax Invoice will be sent by email to the email address specified by the 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 Agent, or any alteration made to the existing booking by the Agent, as Agent for the applicable Airline. The itinerary/Adjustment Note will be sent by email to the email address
specified by the Agent.
4.10. If the e-mail address specified by the Agent pursuant to Clause 4.8 or Clause 4.9 is the Agent's e-mail address, the Agent must, as agent of the applicable Airline, provide the customer with the itinerary/Tax Invoice and any further itinerary/Adjustment Note, unless the Agent issues its own itinerary/Tax Invoice and any further itinerary/Adjustment Note pursuant to Clause 4.11.
4.11. The 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 Agent as Agent for the applicable Airline. In these circumstances:
a) The 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 Agent must ensure that the Tax Invoice or Adjustment Note is accurate and complies with all applicable GST Laws.
c) the Agent must ensure the Tax Invoice or Adjustment Note at a minimum contains; departure date and time;
I. the Airline PNR details;
II. the applicable Airline flight number and flight details including localdeparture date and time;
III. the applicable Airline flight departure and arrival station includingterminal 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 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 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 Agent to Jetstar and Jetstar may set off this amount against any payment due to the Agent under these Conditions or any other arrangement.
4.13. The 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 Agent at any time, or on an ongoing basis, and to revoke its permission for the agent to settle its accounts via BSP at any time and at its sole discretion.4.14. Notwithstanding clause 4.16, the 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 Agent’s Credit Card or the customer’s Credit Card or
b) through BSP for BSP approved Agents in the next BSP billing cycle
4.15 The Airline may extend a Hold Condition to an Agent. Jetstar reserves the right to amend the Hold Condition at any time including removing an Agents 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 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 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 Agent under these Conditions or any other arrangement.
4.17 The Airline may vary or amend the payment method for bookings made by the Agent on the Site.
4.18 The Airlines as at 1 September 2010 are Jetstar, Jetstar Pacific, Jetstar Asia and Valuair. Jetstar may add or delete an Airline from these Conditions at any time by giving written notice to the Agent.
4.19 Agents connecting through an API must be registered with Jetstar. 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.
(b) not attempt to link with or reproduce or display any Jetstar or other Airline
material other than as authorised in these Conditions.
(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 Agent's Organisation Code are that 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 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 Agent of this clause 4.5. Booking Limitations
5.1. The 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 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 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 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 Agent may pass on these charges to its customers. However, if the Agent chooses to charge the customer a fee that is larger than the applicable Airlines’ change fees and fare difference, the Agent must inform the customer that the additional amount is a charge levied by the Agent and clearly disclose this additional amount as an Agent fee.6.6. No Remuneration is payable in respect of any amounts relating to booking changes.
7. Payment of Remuneration7.1. An Agent will have access to Remunerable Fares only if
a) They are located in a Remunerable Market AND request access to Remunerable Fares in writing; OR
b) Regardless of their location, book Remunerable Fares via a Remunerable Channel
7.2. The Airline will pay the Agent any applicable Remuneration (and inclusive of GST, where applicable) for each booking of a Remunerable Fare made by the Agent in relation to the Airline's flights.
7.3. For bookings where payment is received through BSP, the Airline will credit the amount of any applicable Remuneration to the Agent's BSP. In doing so it may set off any amounts owed by the Agent to the Airline against the amount to be paid to the Agent. For bookings where payment is made by Credit Card and the Agent is not approved for BSP the Airline will pay any Remuneration to the Agent via bank deposit
7.4. Agents registered with Jetstar for BSP will have all payable Remuneration paid via BSP regardless of the original method of payment.7.5. 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 Agent at the time of registration or otherwise notified to the Airline by the Agent if the Agent is located in Australia, New Zealand or the USA. Payments will not be made by cheque; or
b) Via the Agent’s relevant GSA if the Agent is located in Cambodia, Indonesia or Taiwan.
7.6. If payment by direct credit or telegraphic transfer through EFT fails for any reason beyond the control of the Airline, the Airline will make a further attempt to complete payment of the transaction, failing which the payment will be made on the next payment date. The Airline will not be liable for any Damages incurred by the Agent as a result of any such direct credit failure.
7.7. Any Remuneration will be at a rate nominated by the Airline from time to time and will be posted on the Site.
7.8. No Remuneration is payable for cancelled bookings. If any payable Remuneration has already been paid with respect to a booking that is subsequently
7.9. The Airline may, by giving 30 days notice to the Agent which will be posted on the Site, vary or amend:
7.10. a) the rate of any payable Remuneration including reducing the rate to zero; or
7.11. b) the frequency of making payments of any payable Remuneration; or
7.12. c) the manner in which the Airline pays any payable Remuneration to the Agent; or
7.13. d) the type of any Remuneration payable in respect of bookings made by the Agent
7.14. on the Site or, if applicable, through any other method.
8. GST and Taxes8.1. 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 nonmonetary consideration, seven days after the recipient receives a Tax Invoice for the supply.
8.4. Where GST is imposed on a supply, the 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 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 Agent must provide details of the Cost and any tax credits to the Airline on demand.
8.7. If the 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).
8.8.1. 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. The Agent indemnifies the Airline against any costs (including fines and penalties), loss and expenses incurred by the Airline as a result of the Agent's failure, whether intentional or not, to calculate and to remit to the Airline the correct amount of GST pursuant to this clause.
8.9 For Australian Agents, Jetstar and the 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 Agent to Jetstar pursuant to these Conditions.
8.9.2 The Agent will not issue Tax Invoices in respect of the supplies referred to in Clause 18.104.22.168.9.3 The 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 Agent that it is registered for GST and it will notify the 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 Agent does not comply with the requirements of the GSTR 2000/10; or
(c) either party is not registered for GST.
8.9.6 Jetstar will issue the original or a copy of the RCTI to the Agent within 28 days of the making, or determining the value, of the taxable supply and will retain the original or a copy.8.9.7 Jetstar will ensure that the RCTI shows the ABN provided by the Agent to the Jetstar.
8.10 For New Zealand Agents, Jetstar and the Agent agree that in accordance with New Zealand GST Laws, for the purpose of providing Tax Invoices in respect of payment of any Remuneration:
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 Agent to Jetstar pursuant to these Conditions.
8.10.2 The 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 Agent who is party to these Conditions.
8.11 The Agent indemnifies and hold harmless the Airline against, and is responsible for and will pay or reimburse the Airline for all Taxes (including Ticket Taxes), charges, fees and other imposts of whatever kind (including any fine or penalty) levied, assessed, charged or collected in connection with these Conditions
(including payments of any Remuneration made under these Conditions) or the services performed pursuant to the 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 Agent and will promptly pay that amount to the relevant authority. The Airline will have no obligation to pay an additional amount to the Agent in relation to the withheld amount. The Airline will upon the Agent’s written request provide the Agent with all reasonable documentation required by the Agent so that the 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 Agent.8.13 For Australian 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 Agent for a supply, unless the Agent provides to Jetstar an invoice or other document relating to the supply that quotes the Agent's Australian Business Number or the 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 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,
(b) in the case of goods:
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.
9.4. Jetstar and each Airline is not liable for and the 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 Agent including without limitation where the 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 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 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 Agent's Credit Card or bank account in relation to a booking made using equipment owned or controlled by the Agent or using the Agent's Organisation Code, passwords or logons;
e) any attempt by the 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 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 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 Agent or any of its Staff (other than in circumstances where the Agent, acting reasonably, relied on information provided by Jetstar); and
j) any loss or damage to data connected with the Agent or its Staff accessing or using data from the Booking Facility, including without limitation through the API.
9.5. The 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 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 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 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.10.2. The Agent must obtain the prior written consent of the Airline to the use of the Airline name, logo trade mark (including variations thereof), or any other Jetstar Group Company's intellectual property in any material, including without limitation any material on the Agent's web site.
11. Term and Termination
11.1. These Conditions commence in relation to an Agent when Jetstar grants the Agent access to the Site following acceptance of the Agent's application for registration. The Agent is deemed to accept these Conditions as detailed below under the heading "General". These Conditions will continue to apply in relation to that Agent until terminated in accordance with these Conditions ('Term').11.2. These Conditions may be terminated:
(a) by Jetstar or the Agent at any time upon 30 days written notice to the other party; and
(b) by Jetstar immediately if the Agent:
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 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 an Agent, the 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 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 Agent or Staff, in accordance with the Privacy Notice.
13.3. The 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 Agent must not disclose any Confidential Information of any Jetstar Group Company to any person unless:
a) required by law to do so; orb) the Agent has acquired the information independently without breaching any obligation of confidentiality to any person; or
c) the Agent has the prior written consent of the applicable Jetstar Group Company to the disclosure.
13.5. The Agent acknowledges that the information contained in the Site and Documentation is confidential. The 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 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. General
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 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 Agent or between any Airline and any Staff of the Agent.14.5. The 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 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 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 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 Agent.