Jetstar Travel Agent Terms and Conditions (‘Conditions’)
Part A: General
1. Application to be a Registered Agent
1.1 To apply to become a Registered Agent, you must read and agree to these Travel Agent Terms and Conditions (‘Conditions’).
1.2 When you click the "Accept" button on https://book.jetstar.com/RegisterTradeAgency.aspx or request that the applicable GSA or Jetstar Sales Representative proceed with your application, you will be deemed to have accepted these Conditions on behalf of yourself, your company and your Personnel.
1.3 Jetstar is not obliged to accept any application to become a Registered Agent. Jetstar may in its sole discretion accept or deny any request to become a Registered Agent. Jetstar will notify the outcome by email. You will only become a Registered Agent if Jetstar accepts your application.
1.4 If you do not wish to apply to become a Registered Agent, do not click the "Accept" button on https://book.jetstar.com/RegisterTradeAgency.aspx.
1.5 Upon receipt of acknowledgement of successful registration, the Registered Agent may make bookings through the Site.
2. As a Registered Agent
2.1 These Conditions are compromised of the following sections:
(a) Part A: General (clauses 1 to 6);
(b) Part B: Agent Conditions (clauses 7 to 24); and
(c) Part C: Online Conditions (clauses 25 to 29).
2.2 Once approved as a Registered Agent, each time you log into the Site or API, you agree to these Conditions, including any updates placed on the Site under clause 24.7.
2.3 Jetstar may suspend a Registered Agent's access to the Site and / or API and access to Airline content in GDS, immediately if Jetstar reasonably believes that the Registered Agent is in breach of these Conditions.
2.4 Each approved Registered Agent must comply with Part A and Part B of these Conditions. Each approved Online Registered Agent must comply with Part A, Part B and Part C of these Conditions.
2.5 Only Registered Agents may use the Site or API. Approval to use API is subject to clauses 2.6 and 2.7 of these Conditions.
2.6 Registered Agents may apply for a direct connection to the API by contacting firstname.lastname@example.org. Jetstar may in its sole discretion accept or deny any Registered Agent’s request for a direct API connection. Access to Jetstar Data through the API is subject to these Conditions. Approved Registered Agents will then be required to complete the following steps before API access is provided:
(a) Sign Jetstar’s IT Services Agreement (API);
(b) Provide Jetstar commercial and technical contacts and system information for Jetstar to establish a test API account;
(c) Complete API development and testing in conjunction with Jetstar’s allocated support contact; and
(d) Complete brush testing in production including providing Airline access to Registered Agent’s test booking system or website to approve display of Jetstar Data.
2.7 Registered Agents wishing to access Jetstar Data though the API other than through a direct connection to the API may access Jetstar Data through Jetstar-authorised API content aggregators. Contact email@example.com to check if your content aggregator is authorized to supply Jetstar Data.
2.8 Registered Agents who wish to distribute the Airlines’ Fares on-line direct to any End Consumer and be approved as Online Registered Agents may do so subject to the following conditions;
(a) for all online distribution, Registered Agents may only access Jetstar Data and make bookings via the API (subject to clause 25.1);
(b) Registered Agents must comply with Part C of these Conditions; and
(c) each Online Registered Agent Site must be registered separately with Jetstar with a unique Organisation Number;
(d) each Online Registered Site must communicate to Jetstar the correct Organisation Number in every interaction it makes with the API;
(e) Registered Agent must email firstname.lastname@example.org to inform Jetstar of any new site registrations under clause 2.8(c) or any ceased Registered Agent Sites distributing Jetstar Data.
3. Remuneration as a Registered Agent
3.1 Only Registered Agents are eligible to be paid Remuneration.
3.2 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.
3.3 No Remuneration is payable for any Jetstar Products that are distributed by an Online Registered Agent on-line direct to consumers.
3.4 Each Airline grants the Registered Agent access to booking Remunerable Fares at its sole discretion.
3.5 Each 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;
(b) the frequency of making payments of any payable Remuneration; or
(c) the manner in which the applicable Airline pays any payable Remuneration to the Registered Agent;
(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.
4. Jetstar Airlines
4.1 The Airlines as at 28 July 2020 are Jetstar, Jetstar Asia and Jetstar Japan. Jetstar may add or delete an Airline from these Conditions at any time by updating these Conditions.
5. Communications and advertising
5.1 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, you agree 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.
5.2 On becoming a Registered Agent, you permit Jetstar to send you and your Personnel marketing material and other information by email. However, Jetstar will include unsubscribe functionality with each message containing such marketing material and you may unsubscribe at any time.
5.3 Registered Agents must ensure that all advertising complies fully with all Australian, US Department of Transport and other governing legislation and regulations, as 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.
5.4 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.
6. Interpretation and Definitions
6.1 In these Conditions, unless the contrary intention appears:
(a) headings are for ease of reference only and do not affect the meaning of these Conditions;
(b) the singular includes the plural and vice versa;
(c) other grammatical forms of defined words or expressions have corresponding meanings;
(d) a reference to a clause, paragraph, schedule or annexure is a reference to a clause or paragraph of, or schedule or annexure to, these Conditions and a reference to these Conditions includes any schedules and annexures;
(e) a reference to a clause, document or agreement, including these Conditions, includes a reference to that clause, document or agreement as novated or amended from time to time;
(f) a reference to a statute, ordinance or by-law includes regulations and other instructions under it and consolidations, amendments, re-enactments or replacements of any of them;
(g) a reference to a party includes executors, administrators, permitted assigns and successors of that party; and
(h) ‘including’ means ‘including without limitation’.
6.2 In these 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 4.1, 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;
Ancillary Product includes meals, seat allocation, Max Bundle, Plus Bundle, Flex Bundle, baggage, inflight entertainment, comfort packs and other products that Airlines may make available for purchase from time to time;
API means the Jetstar application program interface that allows direct access to an Airline's flight inventory;
API NDA means Jetstar’s non-disclosure agreement with respect to the API;
ARC means the IATA Airlines Reporting Corporation.
ARC Number means the unique reference provided by ARC to the Agent to represent their ARC accreditation.
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 the Site, a GDS or API.
BSP means the Billing and Settlement Plan operated by or on behalf of IATA;
Cardholder Data means all Credit Card details, including the account number, cardholder name, expiry date and card verification number;
Cookies means a small piece or pieces of data stored on the web browser on your computer by your web browser while browsing a website.
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.
Consequential Loss means any losses suffered as a result of a breach of these Conditions that cannot reasonably be considered to arise naturally from that breach.
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, China Union Pay, Japan Credit Bureau, Visa, or any other card nominated by an Airline from time to time;
CVV or Card Verification Value means:
(a) for Visa, MasterCard and Diners Club the CVV number is the last three digits printed on the signature strip on the back of the card; and
(b) for American Express, the CVV number is the 3 or 4 digit value printed on the left or right of the card, above or below the card number (not embossed or raised).
Damages means liabilities, expenses, losses, damages and costs (including any fines or penalties or legal costs on a full indemnity basis and whether incurred by or awarded against a party);
Due Date means the date and time on which payment is due for an Airline PNR held under a Hold Condition.
End Consumer means a person requesting information about Jetstar Group products regardless of whether they make a purchase, and regardless of whether they request such information in person, by telephone, or by internet or any other communication;
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;
Fee Code means the code necessary for Jetstar to calculate the total amount due for a particular booking including any special services requested by the End Consumer. Fee codes applicable to this Agreement are set out in Jetstar’s API technical specifications which will be made available to AGENT’s connecting directly to Jetstar’s API after signing the API NDA;
Flex Bundle means the Airline Fare product, or its equivalent in the event of a name change, containing multiple ancillary products which combined are sold as the Flex Bundle;
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 similar tax imposed on the sale or supply of goods, services and rights by law of any jurisdiction;
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.
IATA means the International Air Transport Association.
IATA Number means the unique reference provided by IATA to the Agent to represent their IATA accreditation. Intellectual Property Rights means all intellectual property rights in Australia and throughout the world, including:
(a) patents, copyright, rights in circuit layouts, registered designs, trade or service marks, trade, business or company names, indication of source or appellation of origin, and any right to have confidential information kept confidential;
(b) any application or right to apply for registration of, or assert or waive, any of the rights referred to in paragraph (a); and
(c) moral rights, trade secrets, ideas, concepts, materials, know-how and techniques.
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 Data means any information or data which:
(a) includes applicable Airline pricing, Fares (including Fares not generally available for purchase by the general public), inventory, Ancillary Product, schedule and seat (including availability) information;
(b) contains information about the relationship between the applicable Airline and its customer (e.g. membership or reward scheme);
(c) contains booking and payment data for any customer;
(d) information relating to Ancillary Products including pricing and availability;
(e) any rich content (such as photos, videos and associated descriptions) describing or showcasing Airline products; or
(f) any other data identified by Jetstar in writing as being Jetstar-owned data.
Jetstar Group means Jetstar, Jetstar Asia and Jetstar Japan and includes any other company which is notified to the Registered Agent in writing from time to time, being a company that provides passenger airline services and in which Qantas or Jetstar holds or controls (directly or indirectly) 15% or more of the issued capital;
Jetstar Group Company means a company in the Jetstar Group;
Jetstar IP means Intellectual Property Rights owned or controlled (under licence or otherwise) 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 Marks means trademarks, whether registered or not, and brands ordinarily associated with any Jetstar Group Company;
Jetstar Products means any Fares or Ancillary Products of an Airline;
Jetstar Sales Representative means an individual appointed by Jetstar to be responsible for, among other things, dealing with any Agent and managing its bookings;
Licence has the meaning given to it in clause 7.1;
Look-to-Book Ratio means the ratio comparing the number of actual Airline flight segments made by Registered Agent with the number of Airline segment availability requests made by Registered Agent using the API;
Max Bundle means the Airline Fare product, or its equivalent in the event of a name change, containing multiple ancillary products which combined are sold as the Max Bundle;
Online Registered Agent means a Registered Agent that has been approved by an Airline to distribute Fares on-line direct to consumers pursuant to clause 2.8.
Online Registered Agent’s Site means, the consumer travel site owned and operated by or on behalf of the Online Registered Agent, having a unique Organisation Number and as notified to Jetstar under clause 2.8, through which the Online Registered Agent distributes Airline Fares on-line to customers ;
Organisation Number means the Registered Agent’s IATA Number, ARC Number or TIDS Code that is provided to Jetstar, or a unique Organisation Number provided by Jetstar for Registered Agents who do not have an IATA Number, ARC Number or TIDS Code; PCI-DSS means the Payment Card Industry Data Security Standard as in effect from time to time;
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;
Personnel of a party means:
(a) the officers, employees, Agents and contractors (including their employees and contractors) of that party; and
(b) in the case of Jetstar, includes officers, employees, Agents and contractors of Qantas and any Jetstar Group Company (except the Registered Agent and its Personnel);
Plus Bundle means the Airline Fare product, or its equivalent in the event of a name change, containing multiple ancillary products which combined are sold as the Plus Bundle;
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 (also referred to as ‘you’ and ‘your’) means an Agent who has made an application for registration through the Site, applicable GSA or Jetstar Sales Representative and has had its application approved in writing by Jetstar and maintains that approval
Qantas means Qantas Airways Limited (ABN 16 009 661 901);
Qantas Frequent Flyer means the frequent flyer program operated by a Qantas Group Company;
Qantas Group Company means Qantas or any related body corporate (as that term is defined in the Corporations Act 2001 (Cth)) of Qantas from time to time;
Qantas Group Trade Mark means any trade mark, whether registered or not, that is owned by a Qantas Group Company;
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 14.1;
Remunerable Market means Australia, Indonesia and Taiwan. This definition is subject to amendment by Jetstar at any time in its sole discretion;
RCTI means Recipient Created Tax Invoice in Australia as defined by the relevant GST Laws;
Site means the Airlines' travel agent web site located at jetstar.com/agents;
SSR Code means a special service request code notified in writing by Jetstar from time to time which identifies to Jetstar that an End Consumer has requested, and when required, furnished the necessary payment for additional or special services. The SSR Codes applicable to this Agreement are set out in Jetstar’s API technical specifications which will be made available to the Registered Agent upon signing of Jetstar’s API NDA.
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 20.1 under the heading "Term and Termination";
Ticket Taxes means all taxes, fees, levies and charges that are payable by the purchaser of an Airline Fare, including amounts imposed by airports and taxing authorities and airline imposed charges such as fuel, insurance and environmental surcharges, regardless of whether the price of the Fare.
TIDS means the Travel Industry Designator Service programme offered by IATA for non-IATA accredited travel agents not domiciled in the USA.
TIDS Code means the unique reference or industry code provided by IATA to an Agent participating in TIDS which captures point of sale and other details of the travel agency.
Part B: Agent Conditions
7.1 Jetstar grants to the Registered Agent a non-exclusive licence to use the Site to research, make, change and service bookings on the Airlines and use Jetstar Data to the extent required to make and service those bookings in accordance with these Conditions ('Licence').
7.2 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.
8. Registered Agent's obligations
8.1 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.
8.2 The Registered Agent must:
(a) not copy, reproduce, translate, adapt, vary, modify or reproduce Jetstar Data 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 Booking Facility are paid for in accordance with these Conditions and the applicable Airline’s Conditions of Carriage.
(d) ensure its Personnel who have authorised access to the Booking Facility are made aware of, and comply with, these Conditions;
(e) ensure its Personnel receive adequate training in the use of the Booking Facility;
(f) not provide or otherwise make available the Booking Facility or Jetstar Data 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 Booking Facility is restricted to those Personnel who are authorised to access the Booking Facility, including, keeping logons and passwords secure;
(j) not allow customers of the Registered Agent direct access to the Site;
(k) not create any hyperlink from the Registered Agent's web site to the Booking Facility unless Jetstar has otherwise agreed in writing;
(l) 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; and
(m) if it obtains, processes or transfers Cardholder Data with Airline as the merchant, it must, when accepting and processing Credit Card transactions, maintain compliance with the PCI-DSS.
8.3 The Registered Agent must, and must ensure that all of its Personnel selling Jetstar Products, comply with all applicable consumer laws, including those covering misleading and deceptive conduct, and, where applicable, sections 18, 29 and 48 of the Australian Consumer Law (as set out in Attachment A of these Conditions).
9. Making Bookings
9.1 Jetstar will enable the Registered Agent to access the Site and API (if authorised by Jetstar). The Registered Agent undertakes to maintain adequate security of the Site and/or API login credentials and password and keep the password confidential.
9.2 The Registered Agent must ensure that all information provided to the applicable Airline through the Booking Facility is complete and accurate.
9.3 The Registered Agent must supply all information requested by Jetstar during the booking process including a phone and email contact to reach the passenger in the event of a flight disruption. 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.
9.4 The Registered Agent must display clearly to all of their customers the purchased baggage allowance (or that no checked baggage has been purchased, if applicable), Fare conditions and Conditions of Carriage, Fare and Ancillary 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.
9.5 Subject to clause 2.3, during the term Jetstar will:
(a) accept bookings for the applicable Airline's flights made by the Registered Agent on the Booking Facility; 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 in clause 14 below, provided such bookings are made in accordance with these Conditions.
9.6 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 Faretype being purchased.
9.7 Registered Agents connecting through an API must:
(a) ensure that the following occurs in respect of each enquiry submitted to the Booking Facility:
(i) All available Airline Fares, including fare bundles, applicable to the 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 or members or other applicable loyalty scheme to earn points and status credits on eligible fares is included;
(iv) Checked baggage is available for purchase.
(b) not attempt to link with or reproduce or display any Jetstar Data 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, including relating to the Look-to-Book Ratio.
9.8 All bookings made on the Booking Facility by using the Registered Agent's Organisation Number are that Registered Agent's responsibility. This includes, subject to clause 10.1, coordinating any communication relating to any schedule change or disruption without delay to the passenger.
10. Issue of Itineraries, Tax Invoices and Adjustment Notes
10.1 Each applicable Airline will issue by email to the email address specified by the Registered Agent:
(a) an itinerary/Tax Invoice in respect of all bookings made; and
(b) an itinerary/Adjustment Note in respect of any refund processed;
by the Registered Agent, as agent for the applicable Airline.
10.2 Any itineraries, Tax Invoices or Adjustment Notes sent by Airline pursuant to clause 10.1 will be sent by email to the email address specified by the Registered Agent. If the e-mail address specified by the Registered Agent 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.
10.3 The Registered Agent may, at its discretion, issue to the customer its 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 Farerules applicable to the booking;
(vii) where to find the full text of the Conditions of Carriage.
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 the Registered Agent's failure, whether intentional or not, to issue Tax Invoices and Adjustment Notes as required by this clause 10.3.
11. Booking Limitations
11.1 The Registered Agent must not offer to make or attempt to make a booking through any Booking Facility for a customer requiring specific assistance without notifying the applicable Airline's customer contact centre.
11.2 Charter booking requests cannot be made through the Booking Facility, and must be made direct to the applicable Airline’s sales team by e-mailing email@example.com.
11.3 Group bookings for more than 9 passengers cannot be made through the Booking Facility and must be made direct to the applicable Airline’s Group sales team by e-mailing firstname.lastname@example.org or by completing the online form on www.jetstar.com/groups.
12. Changing Bookings
12.1 Any changes made by the Registered Agent to bookings must be made in accordance with the options set out in the table below, but these options may change from time to time:
|Original Booking Facility|
12.2 Requests for a refund of any booking made through any Booking Facility, must be made by contacting the applicable Airline's customer contact centre.
12.3 Changes will be subject to change fees and Faredifferences 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 greater than the applicable Airline’s change fees and Faredifference, 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.
12.4 No Remuneration is payable in respect of any amounts relating to booking changes.
13. Payment for bookings
13.1 When payment is made with the End Consumer’s Credit Card the Registered Agent must ensure credit card data is handled securely. The Registered Agent must implement appropriate human resources, processes, policy and technology to ensure they handle, process, store and transmit their customer's credit card details in line with the PCI-DSS.
13.2 The Registered Agent may settle using the BSP only if separately approved in writing by the applicable Airline. Such settlements will be in accordance with the applicable BSP rules. The applicable Airline reserves the right to conduct such financial checks as it deems appropriate before approving settlement through BSP. The applicable 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.
13.3 Notwithstanding clause 13.6, 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;
(b) if approved under clause 13.2, through BSP in the next BSP billing cycle; or
(c) any other payment channels made available by the applicable Airline in its sole discretion.
13.4 An Airline may vary or amend the payment method for bookings made by the Registered Agent on the Booking Facility.
13.5 An Airline, at its sole discretion, may extend a Hold Condition functionality to a Registered Agent in respect of any bookings. Jetstar reserves the right to amend that Hold Condition at any time including removing a Registered Agent's access to that Hold Condition. For bookings made using Hold Conditional functionality, full and complete payment must be made before the Due Date, otherwise clause 13.6 will apply. It is the Registered Agent's responsibility to ensure compliance with all terms of the Hold Condition.
13.6 If the applicable Airline has not received full and complete payment in line with these Conditions then that Airline may cancel the booking, in which case the Registered Agent is responsible for and must indemnify that Airline against all Damages arising in connection with the cancellation, including any reasonable settlement made with the customer that Airline deems appropriate. That 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.
14. Payment of Remuneration
14.1 The applicable 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 applicable Airline's flights.
14.2 Any Remuneration will be at a rate nominated by the applicable Airline from time to time and will be posted on the Site.
14.3 For bookings where payment is received through BSP, the applicable Airline will credit the amount of any applicable Remuneration to the Registered Agent via the BSP. In doing so it may set off any amounts owed by the Registered Agent to the applicable Airline against the amount to be paid to the Registered Agent under these Conditions or any other arrangement.
14.4 Registered Agents registered with Jetstar for BSP will have all payable Remuneration paid via the BSP regardless of the original method of payment.
14.5 For bookings where payment is made by Credit Card and the Registered Agent is not approved for BSP the applicable Airline will pay any Remuneration to the Registered Agent via bank deposit.
14.6 Registered Agents not registered or approved 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 applicable Airline by the Registered Agent if the Registered Agent is located in Australia.; or
(b) via the Registered Agent's relevant GSA if the Registered Agent is located in Indonesia or Taiwan (China).
14.7 If payment for Remuneration to the Registered Agent by direct credit or telegraphic transfer through EFT fails for any reason beyond the control of the applicable Airline, the applicable Airline will make one further attempt to complete payment of the transaction, failing which the payment will be made on the next payment date. The applicable Airline will not be liable for any Damages incurred by the Registered Agent as a result of any such direct credit failure.
14.8 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 applicable Airline, at its sole discretion will either:
(a) require the Registered Agent to repay the Airline the relevant amount of Remuneration paid within 14 day of request by the Airline; or
(b) deduct the amount already paid from the next Remuneration payment.
15. Jetstar Data Requirements
15.1 Jetstar may determine in its sole discretion what Jetstar Data is made available to the Registered Agent.
15.2 The Registered Agent understands and agrees that all Jetstar Data:
(a) is and will be owned by Jetstar; and
(b) may only be used by the Registered Agent in connection with the marketing and sale by it of Jetstar Group products.
15.3 The Registered Agent must not, without the prior written approval of Jetstar:
(a) obtain Jetstar Data other than through the Site, GDS or, where approved by Jetstar, the API;
(b) access Jetstar Data via any method that involves screen scraping Jetstar.com or any other applicable Jetstar website;
(c) use, or facilitate the use of, Jetstar Data to benefit a third party or act as an intermediary for distribution of Jetstar Data;
(d) re-distribute, re-market, sell or display Jetstar Data to or via any third party except in accordance with clause 15.4;
(e) develop, licence or sell any software or products that are capable of accessing Jetstar Data; or
(f) reverse engineer, process, combine, manipulate or otherwise use the Jetstar Data for any reason including predicting Fare changes or developing other products.
15.4 Subject to clause 15.5, the Registered Agent may re-market or display Jetstar Data to or via metasearch providers.
15.5 If the Registered Agent is in breach of any of these Conditions, including any failure to comply with the fare rules, Jetstar may, by giving written notice to the Registered Agent, remove the Registered Agent’s right to re-market or display Jetstar Data under clause 15.4 and the Agent must immediately cease re-marketing or displaying Jetstar Data to or via metasearch providers.
16. GST and Taxes
16.1. 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.
16.2 The payment of any payable Remuneration is inclusive of GST, where applicable.
16.3. 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 and subject to receiving a tax invoice or other document that complies with the relevant GST Laws, an amount equal to the GST payable by the supplier in respect of that supply.
16.4. If the consideration is expressly stated to be inclusive of GST and if an applicable law increases or decreases the rate of GST, then the consideration (inclusive of GST) will be increased or decreased to take into account the change in the rate of GST.
16.5. 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.
16.6. If a party must reimburse or indemnify another party for a loss, cost or expense, the amount being reimbursed or indemnified is first reduced by any tax credit the other party is entitled to for the loss, cost or expense, and then increased (if applicable) in accordance with clause 8.3.
16.7. 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 for the Fare (inclusive of GST and Ticket Taxes).
16.8. 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:
(a) the actual Fare paid by the customer, inclusive of GST and Ticket Taxes, and remit that amount to the Airline; or
(b) 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 Registered Agent indemnifies the Airline against any costs (including fines and penalties), loss and expenses incurred by the Airline as a result of the Registered Agent's failure, whether intentional or not, to calculate and to remit to the Airline the correct amount of GST pursuant to this clause.
16.9 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:
(a) 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.
(b) The Registered Agent will not issue Tax Invoices in respect of the supplies referred to in Clause 8.9(a).
(c) 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').
(d) 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'.
(e) Jetstar will not issue a document that would otherwise be a RCTI, on or after the date when Jetstar becomes aware that:
(i) it does not comply with the requirements of the GSTR 2000/10;
(ii) the Registered Agent does not comply with the requirements of the GSTR 2000/10; or;
(iii) either party is not registered for GST.
(f) Jetstar will issue the original or a copy of the RCTI to the Registered Agent within 28 days of the making, or determining the value, of the taxable supply and will retain the original or a copy.
(g) Jetstar will ensure that the RCTI shows the ABN provided by the Registered Agent to the Jetstar.
16.11 The Registered 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 these Conditions.
16.12 If required to do so by relevant taxation legislation or regulation to make any deduction or withholding on account of any taxes (including by Jetstar to an Australian Registered Agent for non-quoting of such Registered Agent’s Australian Business Number (ABN)), the Airline will deduct or withhold the relevant taxes from any consideration provided for supplies to which these Conditions apply, except where the Registered Agent can provide evidence issued by the relevant taxation authority of an exemption from, or rate variation of, such taxes (including a written statement approved by the Australian Taxation Office as to the reason for not quoting an ABN). If any taxes are deducted, the Airline will have no obligation to pay an additional amount to the Registered Agent in relation to such taxes. The Airline will upon the Registered Agent’s written request provide to the Registered Agent evidence of the payment of such taxes.
17. Liability and Indemnity
17.1. The Registered Agent acknowledges that the Booking Facility and Jetstar Data cannot be guaranteed error free and further acknowledges that the existence of any such errors will not constitute a breach of these Conditions by Jetstar or the applicable Airline.
17.2 The Registered Agent indemnifies and holds harmless each Jetstar Group Company, each Qantas Group Company, and their respective Personnel, against all Damages to the extent suffered or incurred in connection with, arising out or in respect of any:
(a) breach of these Conditions by Registered Agent or any of its Personnel, including without limitation where Registered Agent has made a representation to a customer or customers which is outside the scope of the agency or not in accordance with Jetstar’s specific directions, fare rules, Conditions of Carriage or other terms and conditions;
(b) claim, demand, suit, action or proceedings by a third party arising from any act or omission of the Registered Agent or its Personnel in connection with these Conditions, whether negligent or not;
(c) any actual or alleged infringement of any Intellectual Property Rights by the Registered Agent or its Personnel in connection with these Conditions;
(d) breach of applicable laws, legal duty, legal obligation or any other agreement by Registered Agent or its Personnel; or
(e) loss or damage to data connected with Registered Agent or its Personnel accessing or using data from Jetstar’s reservations system, including without limitation through the API.
17.3 To the extent permitted by law, Jetstar excludes any liability it may have to Agent arising out of or in connection with these Conditions.
17.4 In no event will Jetstar be liable to the Registered Agent for Consequential Loss.
17.5. 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 any 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 applicable Airline or any Jetstar Group Company.
17.6. Liability of the Airlines under these Conditions is several and not joint and relates only to the relevant booking.
18.1 The Registered Agent must take out and maintain valid and enforceable insurance policies of the types and for the coverage specified below:
(a) Public and product liability insurance, covering the Registered Agent and its Personnel against any liability to any party arising out of or in connection with these Conditions, in an amount that is adequate to cover its business operations;
(b) Professional indemnity insurance, covering the Registered Agent and its Personnel for any claim against it by any person (including Jetstar) for any actual or alleged fault or negligence by the Registered Agent and its Personnel in carrying out the Registered Agent’s obligations under these Conditions, for an insured amount of not less than US$1 million per occurrence;
(c) Worker’s compensation or the equivalent covering the Registered Agent and its Personnel for any claim against it by any person employed by the Registered Agent who provides services in relation to these Conditions, for any amount necessary to cover any potential liability under statute or at common law.
18.2 The Registered Agent must ensure that the insurance policies are with reputable insurers and are primary and without any right of contribution by any Jetstar Group Company or any insurance effected by any Jetstar Group Company or Qantas Group Company;
18.3 On request, the Registered Agent must demonstrate to Jetstar’s satisfaction compliance with these insurance requirements.
18.4 The Registered Agent must maintain the professional indemnity insurance policy referred to above for at least 1 year after termination or expiry of this Agreement.
19. Intellectual Property Rights
19.1 Subject to clause 19.3, Registered Agent must not use Jetstar IP without the prior written approval of Jetstar.
19.2 The Registered Agent must not issue any advertising or promotional material with dual airline or dual wholesaler branding (where an Airline is one of the airlines) without the prior written consent of Jetstar, which may be withheld at the absolute discretion of Jetstar).
19.3 Jetstar grants to the Registered Agent limited, royalty free, non-transferable, non-exclusive permission to use certain Jetstar IP, specifically the trademarks and brands ordinarily associated with Jetstar (the ‘Jetstar Marks’) solely for the purpose of identifying the Registered Agent as an authorised agent to market and sell Jetstar Group products. The Jetstar Marks must not be altered or changed or used in any manner that may bring Jetstar into disrepute. The Registered Agent has no right or permission to use the Jetstar Marks for any purpose not expressly stated in these Conditions. Any unauthorised use of the Jetstar Marks will constitute an infringement of Jetstar’s rights.
19.4 In using any Jetstar IP, the Registered Agent must comply with all policies or conditions advised by Jetstar to the Registered Agent from time to time.
20. Term and Termination
20.1 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. These Conditions will continue to apply in relation to that Registered Agent until terminated in accordance with these Conditions ('Term').
20.2 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 any Airline pursuant to these Conditions;
(ii) is in breach of any of these Conditions or any applicable laws;
(iii) is in the opinion of Jetstar not operating as an agent in the best interests of any 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 Booking Facility or Jetstar Data;
(xi) breaches any direction by the Airline relating to the use of a GDS to book Airline flights;
(xii) has not logged into the Site for 6 months or more and does not hold any future dated bookings for travel on any Airline; or
(xiii) disparages or defames a Jetstar Group Company or any of its products or services.
(c) without limiting the foregoing, by Jetstar if the Registered Agent has not been approved as an Online Registered Agent and is distributing Airline Fares online direct to End Consumers in breach of these Conditions, in which case Jetstar may terminate these Conditions or the Registered Agent’s ability to distribute Airline Data online direct to End Consumers.
20.3 After termination of these Conditions in relation to a Registered Agent, the Registered Agent:
(a) must immediately stop using, reproducing and displaying Jetstar Data and the Jetstar IP, and 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 Jetstar Data in its possession or control;
(c) will not be entitled to Remuneration for bookings made after termination; and
(d) provide all reasonable assistance required by Jetstar for the purposes of providing the Airline Fares and Ancillary Products and services purchased by End Consumer’s during the Term.
20.4 Termination of these Conditions will not affect any accrued rights or remedies that an Airline may have under these Conditions or at law.
21.1 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.
22. Use of Personal Information and Confidential Information
22.1 The Registered Agent acknowledges that it does not acquire any ownership of the data entered on the Booking Facility.
22.2 The Airlines may use and disclose the information provided to any of them by or on behalf of the Registered Agent or its Personnel, in accordance with the Privacy Notice.
22.3 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.
22.4 The Registered Agent must not disclose any Confidential Information of any Jetstar Group Company to any person unless:
(a) the Registered Agent has acquired the information independently without breaching any obligation of confidentiality to any person; or
(b) the Registered Agent has the prior written consent of the applicable Jetstar Group Company to the disclosure.
(c) the Registered Agent is obliged by law to disclose the Confidential Information. If the Registered Agent is required by law to disclose any Confidential Information, the Registered Agent must (before doing so):
(i) notify the Airline and provide the details of the proposed disclosure;
(ii) give the Airline a reasonable opportunity to take any steps it considers necessary to protect the confidentiality of that information;
(iii) provide any assistance reasonably required by the Airline to protect the confidentiality of that information; and
(iv) notify the third person that the information is Confidential Information of the Airline.
22.5 The Registered Agent acknowledges that the information contained in the Booking Facility and Jetstar Data is confidential and must be treated as Confidential Information. The Registered Agent must take all reasonable steps to safeguard the Airlines' rights of ownership and confidentiality of the Booking Facility and Jetstar Data.
22.6 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.
22.7 The Registered Agent:
(a) must keep the Confidential Information confidential;
(b) may use the Confidential Information but only in relation to these Conditions;
(c) may disclose the Confidential Information to enable it to perform its obligations under these Conditions but only to its Permitted Personnel to the extent that they have a need to know;
(d) must not copy the Confidential Information or any part of it other than as strictly necessary for the purposes of these Conditions and must mark if required by the Airline any such copy ‘Confidential – [Disclosing Party]’;
(e) must safeguard the Confidential Information in at least the same way as the Recipient safeguards its own confidential information;
(f) must implement security practices against any unauthorised copying, use, disclosure (whether that disclosure is oral, in writing or in any other form), access and damage or destruction;
(g) must immediately notify the disclosing party if the recipient suspects or becomes aware of any unauthorised copying, use or disclosure in any form; and
(h) must comply with any reasonable direction of the disclosing party in relation to the Confidential Information.
23.1 Where the Registered Agent collects any Personal Information in connection with these Conditions, the Registered Agent:
(a) must take all reasonable steps to ensure that the Personal Information is protected against misuse and loss, and from unauthorised access, modification or disclosure;
(b) must not, directly or indirectly use the Personal Information except to the extent authorised by Jetstar or the individual about whom the Personal Information relates;
(c) must not disclose the Personal Information whether directly or indirectly to any person without the prior written consent of Jetstar;
(d) may disclose the Personal Information to its authorised personnel to the extent that they have a need to know for the purpose of complying with Agent’s obligations under these Conditions;
(e) must provide appropriate training to those authorised personnel with respect to the correct handling of the Personal Information so as to minimise the risk of accidental security breaches;
(f) must ensure that its internal operating systems only permit those authorised personnel to access the Personal Information;
(g) must immediately notify Jetstar when it becomes aware that use or disclosure of the Personal Information is required or authorised by or under law; and
(h) must comply with all applicable privacy legislation, such as the Privacy Act 1988 (Cth) and the General Data Protection Regulation (Regulation (EU) 2016/679).
24.1 No Airline will be responsible for any delay or failure in performance resulting from anything outside its reasonable control, including delays or failures caused by third parties.
24.2 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.
24.3 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.
24.4 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 Personnel of the Registered Agent.
24.5 The Registered Agent must comply with and ensure its Personnel 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 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.
24.6 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 jetstar.com/terms and must be provided to each passenger in accordance with clause 9.6.
24.7 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 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.
24.8 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.
24.9 No rule of construction will apply in the interpretation of these Conditions to the disadvantage of one party on the basis that party put forward or drafted these Conditions or any provision of these Conditions.
24.10 The following provisions will survive the Registered Agent’s cessation of selling Jetstar on its site for any reason: Clauses 14, 17, 18 and 19.
24.11 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.
Part C: Online Conditions
25. Scope of Agency
25.1 Once approved as an Online Registered Agent and subject to these Conditions, Jetstar authorises the Online Registered Agent, at the Online Registered Agent’s cost, to:
(a) display the Jetstar Data on the Online Registered Agent’s Site; and
(b) allow End Consumers to search for and make bookings for Airline flights using the Online Registered Agent’s Site through a link to the API as approved by Jetstar in accordance with clause 2.6 or 2.7.
25.2 If the Online Registered Agent charges a fee to the End Consumer in relation to Airline bookings, the Online Registered Agent must ensure that:
(a) the End Consumer is aware of the fee before making a booking;
(b) the fee is clearly disclosed as an agent fee and not an Airline fee, and is paid directly to the Online Registered Agent separately to the Airline Fare;
(c) the amount of the fee charged for the Airline bookings is no more than the Online Registered Agent’s fee for bookings on another airline; and
25.3 No Remuneration is payable in respect of bookings made under this Part C Online Conditions.
26. Online Registered Agent’s Obligations
26.1 The Online Registered Agent must ensure that the Jetstar Data displayed on the Online Registered Agent’s Site:
(a) is clearly identified as Jetstar Data by the use of correct names and/or trademarks, as provided by Jetstar for each Jetstar Group airline as notified by Jetstar from time to time;
(b) is not altered or distorted in any way;
(c) allows the End Consumer to see all available Airline Fares applicable to their enquiry and provide End Consumers the capability to purchase Ancillary Products including but not limited to seat allocation, Max Bundle, Plus Bundle, Flex Bundle and checked baggage with their Fare;
(d) is displayed in full in response to a search, so that the End Consumer is not deprived of information that is relevant to their enquiry;
(e) displays Airline Fares 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 End Consumer; and
(f) includes a specific reference to the ability for Qantas Frequent Flyer, Japan Airlines Mileage Bank and Emirates Skyward members to earn points and/or status credits for eligible fares (as notified by Jetstar from time to time).
26.2 For each Airline booking made through the Online Registered Agent’s Site, the Online Registered Agent must:
(a) collect accurate customer and booking details from the End Consumer and immediately provide these by secure transmission to Jetstar through the API;
(b) submit payment of the applicable Fare, Ancillary Product and fees to Jetstar through the agreed payment method as set out in clause 29,
(c) ensure the booking includes the End Consumer’s telephone numbers and email address to allow Jetstar to contact the End Consumer about their booking;
(e) inform the End Consumer that the booking is subject to the applicable Airline Fare rules and all travel is subject to the applicable Airline’s Conditions of Carriage;
(f) where the booking is for a Fare eligible for the accrual of Qantas Frequent Flyer, Japan Airlines Mileage Bank and Emirates Skyward loyalty program benefits, as notified by Jetstar from time to time, allow the End Consumer to enter their relevant airline loyalty membership number in their booking in a manner similar to the process on the Consumer Site;
(g) inform the End Consumer on all communications including on the Online Registered Agent’s Site confirmation page and on the End Consumer’s itinerary, that the customer should contact Jetstar directly to service their booking (including providing the Jetstar contact details as notified by Jetstar); and
(h) unless otherwise agreed in writing by Jetstar, the Online Registered Agent must not attempt to link with or reproduce or display Jetstar Data or any other Jetstar material other than as authorised in these Online Conditions.
26.3 The Online Registered Agent must not:
(a) use any automated interrogation tool or establish or maintain any form of database containing the Jetstar Data, or any other Airline material, without the prior written approval of Jetstar;
(b) initiate searches or enquiries on its own behalf or use the Jetstar Data other than in response to an enquiry from an End Consumer;
(c) allow an End Consumer to change a Jetstar Group booking on the Online Registered Agent’s Site, except with the prior approval of Jetstar; or
(d) commence selling Jetstar Data on any Online Registered Agent Site without prior written confirmation and approval from Jetstar that bookings are creating successfully and can be recognised in Jetstar’s systems as being booked from the correct Online Registered Agent Site. Contact email@example.com to find your contact person to validate accuracy of bookings in test and production systems.
26.4 The Online Registered Agent must:
(a) ensure that all searches and enquiries for Airline Fares made through the Online Registered Agent’s site are responded to in real time;
(b) comply with all applicable laws and written directions of Jetstar relating to the supply of and offer to supply Airline Fares and Ancillary Products;
(c) ensure that the Online Registered Agent’s Site does not contain any material that is defamatory, pornographic, unlawful or otherwise contrary to accepted standards of public decency and good taste; and
(d) ensure that the API is used only as authorised under the Conditions and Online Conditions.
26.5 When the End Consumer selects a Fare or a service for which an SSR Code and/or a Fee Code is required, the Online Registered Agent must transmit the correct code(s) to Jetstar via the API at time of booking.
26.6 Should the Online Registered Agent fail to transmit the codes described in clause 26.5 when required, Jetstar will invoice the Online Registered Agent for an amount equal to the value of the Fee Code, or the SSR Code that was omitted, and the Online Registered Agent agrees to pay such invoice within 30 days of receipt from Jetstar.
26.7 If the Online Registered Agent’s Site sells Airline Fares through a flight only booking path and a flight and accommodation booking path, the two booking paths must be set up as individual Online Registered Agents and the Airline must be provided with the correct Organisation Number corresponding to bookings from respective Online Registered Agent Sites.
26.8 Notwithstanding clause 15.3(d) and clause 26.2(h), the Online Registered Agent may re-market or display Jetstar Data to or via metasearch providers, provided that if the Online Registered Agent is in breach of any of the Conditions, including any failure to comply with Fare rules or booking conditions with regards to any Jetstar Product, Jetstar may, by giving written notice to the Registered Agent, remove the Registered Agent’s right to re-market or display Jetstar Data and the Registered Agent must immediately cease re-marketing or displaying Jetstar Data to or via metasearch providers.
27. Look-to-Book Ratio
27.1 Jetstar reserves the right to monitor the Online Registered Agent’s Look-to-Book Ratio. The Look-to-Book Ratio must not exceed 300:1 (one booking per 300 availability requests). If the Online Registered Agent’s Look-to-Book ratio exceeds 300:1 then:
(a) Jetstar will provide written notice advising the Online Registered Agent that the Look-to-Book ratio has exceeded 300:1;
(b) within seven days of receiving Jetstar’s written notification, the Online Registered Agent must provide Jetstar with a detailed explanation of the reasons for the Online Registered Agent exceeding the agreed Look-to-Book ratio; and
(c) the Online Registered Agent must make changes to reduce Look-to-Book Ratio within 4 weeks of receiving Jetstar’s written notification.
27.2 If the Online Registered Agent exceeds Look-to-Book Ratio for 2 consecutive months, then the Online Registered Agent will be in breach of these Online Conditions and Jetstar may suspend API access, terminate these Online Conditions immediately by providing notice to Online Registered Agent as described in clause 20 of the Conditions, or take any other actions within Jetstar’s control to reduce the Agent’s Look-to-Book Ratio.
28. Jetstar’s Approval and Review Rights
28.1 The Online Registered Agent will provide Jetstar with access to the Online Registered Agent’s test site to allow Jetstar to test the booking process using the Online Registered Agent’s link and review the presentation of the Jetstar Data. The Online Registered Agent will make any changes reasonably required by Jetstar.
28.2 The Online Registered Agent will allow Jetstar access to the Online Registered Agent’s Site at any time (and must ensure that Jetstar has all necessary access codes as current from time to time) for the purposes of reviewing the Online Registered Agent’s compliance with these Online Conditions.
29. Payment and Settlement
29.1 Any Airline bookings made through the Online Registered Agent’s Site must be settled for the full booking amount including Airline Fares, taxes, surcharges, fees and Ancillary Product via either of the following options:
(a) the End Consumer’s credit or debit card using Jetstar’s merchant account; or
(b) any form of payment the Online Registered Agent offers on the Online Registered Agents’ Site where the Online Registered Agent settles the transaction with the End Consumer.
29.2 If the Online Registered Agent settles the Airline booking directly with the End Consumer under clause 29.1(b), the Online Registered Agent must ensure payment is made immediately to the applicable Airline through BSP in the next BSP billing cycle.
29.3 The Online Registered Agent may propose an exception to clause 29.2, however such exception will only take effect upon prior written consent from Jetstar, which Jetstar may withhold in its absolute discretion.
29.4 Jetstar requires a CVV (Card Verification Value) for all debit and credit card payments to enhance payment card security for transactions processed via the Online Registered Agent’s site. CVV is required when the payment card is processed using Jetstar’s merchant account under the option in clause 29.1. To ensure compliance with the PCI DSS when accepting and processing payment card transactions, the Online Registered Agent must not store CVVs of any customer cards.
AUSTRALIAN CONSUMER LAW, SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010
18 Misleading or deceptive conduct
(1) A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.
(2) Nothing in Part 3 1 (which is about unfair practices) limits by implication subsection (1).
29 False or misleading representations about goods or services
(1) A person must not, in trade or commerce, in connection with the supply or possible supply of goods or services or in connection with the promotion by any means of the supply or use of goods or services:
(a) make a false or misleading representation that goods are of a particular standard, quality, value, grade, composition, style or model or have had a particular history or particular previous use; or
(b) make a false or misleading representation that services are of a particular standard, quality, value or grade; or
(c) make a false or misleading representation that goods are new; or
(d) make a false or misleading representation that a particular person has agreed to acquire goods or services; or
(e) make a false or misleading representation that purports to be a testimonial by any person relating to goods or services; or
(f) make a false or misleading representation concerning:
(i) a testimonial by any person; or
(ii) a representation that purports to be such a testimonial; relating to goods or services; or
(g) make a false or misleading representation that goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits; or
(h) make a false or misleading representation that the person making the representation has a sponsorship, approval or affiliation; or
(i) make a false or misleading representation with respect to the price of goods or services; or
(j) make a false or misleading representation concerning the availability of facilities for the repair of goods or of spare parts for goods; or
(k) make a false or misleading representation concerning the place of origin of goods; or
(l) make a false or misleading representation concerning the need for any goods or services; or
(m) make a false or misleading representation concerning the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy (including a guarantee under Division 1 of Part 3 2); or
(n) make a false or misleading representation concerning a requirement to pay for a contractual right that:
(i) is wholly or partly equivalent to any condition, warranty, guarantee, right or remedy (including a guarantee under Division 1 of Part 3 2); and
(ii) a person has under a law of the Commonwealth, a State or a Territory (other than an unwritten law).
Note 1: A pecuniary penalty may be imposed for a contravention of this subsection.
Note 2: For rules relating to representations as to the country of origin of goods, see Part 5 3.
(2) For the purposes of applying subsection (1) in relation to a proceeding concerning a representation of a kind referred to in subsection (1)(e) or (f), the representation is taken to be misleading unless evidence is adduced to the contrary.
(3) To avoid doubt, subsection (2) does not:
(a) have the effect that, merely because such evidence to the contrary is adduced, the representation is not misleading; or
(b) have the effect of placing on any person an onus of proving that the representation is not misleading.
48 Single price to be specified in certain circumstances
(1) A person must not, in trade or commerce, in connection with:
(a) the supply, or possible supply, to another person of goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption; or
(b) the promotion by any means of the supply to another person, or of the use by another person, of goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption;
make a representation with respect to an amount that, if paid, would constitute a part of the consideration for the supply of the goods or services unless the person also specifies, in a prominent way and as a single figure, the single price for the goods or services.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
(2) A person is not required to include, in the single price for goods, a charge that is payable in relation to sending the goods from the supplier to the other person.
(3) However, if:
(a) the person does not include in the single price a charge that is payable in relation to sending the goods from the supplier to the other person; and
(b) the person knows, at the time of the representation, the minimum amount of a charge in relation to sending the goods from the supplier to the other person that must be paid by the other person;
the person must not make the representation referred to in subsection (1) unless the person also specifies that minimum amount.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
(4) Subsection (1) does not apply if the representation is made exclusively to a body corporate.
(4A) Subsection (1) does not apply if:
(a) the representation is in a class of representations prescribed by the regulations; and
(b) the conditions (if any) prescribed by the regulations in relation to representations in that class have been complied with.
Note: If the representation is in a class prescribed for paragraph (a) of this subsection and subsection (1) is complied with in relation to the representation, there is no need to also comply with any conditions prescribed for paragraph (b) of this subsection.
(5) For the purposes of subsection (1), the person is taken not to have specified a single price for the goods or services in a prominent way unless the single price is at least as prominent as the most prominent of the parts of the consideration for the supply.
(6) Subsection (5) does not apply in relation to services to be supplied under a contract if:
(a) the contract provides for the supply of the services for the term of the contract; and
(b) the contract provides for periodic payments for the services to be made during the term of the contract; and
(c) if the contract also provides for the supply of goods--the goods are directly related to the supply of the services.
(7) The single price is the minimum quantifiable consideration for the supply of the goods or services at the time of the representation, including each of the following amounts (if any) that is quantifiable at that time:
(a) a charge of any description payable to the person making the representation by another person unless:
(i) the charge is payable at the option of the other person; and
(ii) at or before the time of the representation, the other person has either deselected the charge or not expressly requested that the charge be applied;
(b) the amount which reflects any tax, duty, fee, levy or charge imposed on the person making the representation in relation to the supply;
(c) any amount paid or payable by the person making the representation in relation to the supply with respect to any tax, duty, fee, levy or charge if:
(i) the amount is paid or payable under an agreement or arrangement made under a law of the Commonwealth, a State or a Territory; and
(ii) the tax, duty, fee, levy or charge would have otherwise been payable by another person in relation to the supply.
Example 1: An airline advertises a flight for sale. Persons have the option of paying for a carbon offset. If the carbon offset is preselected on the airline's online booking system, the single price for the flight must include the carbon offset charge. This is because the person has not, at or before the time of the representation, deselected the charge on the online booking site. If the person deselects the optional carbon offset charge later in the online booking process, the single price does not need to include the carbon offset charge after the charge is deselected because of the exception provided by paragraphs (a)(i) and (ii).
Example 2: The GST may be an example of an amount covered by paragraph (b).
Example 3: The passenger movement charge imposed under the Passenger Movement Charge Act 1978 may be an example of an amount covered by paragraph (c). Under an arrangement under section 10 of the Passenger Movement Charge Collection Act 1978 , airlines may pay an amount equal to the charge that would otherwise be payable by passengers departing Australia.