Jetstar Agen

8/13/2019 Jetstar Agen

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Jetstar Travel Agency Terms and Conditions 1

Travel Agency Terms & Conditions

General

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 bemade 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 GSA

or Jetstar Sales Office proceed with your application, you will be deemed to haveaccepted 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 orGSA and who either elect to book Remunerable Fares or where the Agents sales

office that initiated the booking is located in a Remunerable Market. NoRemuneration is payable for bookings created via the GDS (unless the Agents 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 Service

Provider Agreement. No Remuneration is payable for fares that are distributed on-

line direct to consumers. Requests for agreements should be directed [email protected].

8. Our primary means of communicating with you will be via email. We will use youremail 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 Agents registration remains on foot.

9. Agents must not distribute the Airlines fares on-line direct to any customer, ordistribute or otherwise make available fares to third parties who distribute fares on-

line direct to customers, unless they and Jetstar have executed Jetstars Online Sales

Agency Agreement or Jetstar otherwise authorises such distribution in writing.


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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 advertisingcomplies 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 orinstruct the applicable GSA or Jetstar Sales Office in writing to terminate your

application and return any Documentation.

Conditions

1. Interpretation'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;

API means the Jetstar application program interface that allows direct access to anAirlines flight inventory;

'Australian Agent' means an Agent who carries on business in Australia;

'Booking Facility' means the facility that enables Registered Agents to search

availability and make bookings either through this Site, a GDS or API.

'BSP' means the Billing and Settlement Plan operated by or on behalf of the

International Air Transport Association;

'Organisation Code' means the travel agency identification number provided to or by

you, subject to these Conditions;


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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 beingconfidential or which the Agent knows or reasonably ought to know is confidentialand 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 partys 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 heldunder 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 Jetstars agent and be appointed by Jetstar in its sole discretion. TheGSA may accept Agent registration requests and create new bookings, process limited

changes to bookings and apply payment on Jetstars 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 withthese Conditions;


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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 isowned 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 Airlinesprivacy statement;

PNR means Person name record and is the unique identifier to a booking withinthe 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 andthe 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 whichare only available pursuant to clause 7.1;


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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 TaxInvoice 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 insurancesurcharges recoverable from the passenger on the sale of an airline flight and

separately identified on the Jetstar itinerary/Tax Invoice, including but not limited tothose 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. 2. Licence2.1. 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. 3. Agent's obligations


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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 orDocumentation (or any parts thereof) in any form to any person without the

prior written consent of Jetstar, except as expressly authorised by these

Conditions;

g) ensure all information supplied to the applicable Airline is accurate and not

misleading, and immediately notify the applicable Airline of any change to

such information;

h) complete and keep up-to-date user profiles without delay;

i) take all steps necessary to ensure that access to the Site is restricted to thoseStaff 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 Bookings4.1. 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 maymake bookings through the Site.


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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 Agents access to the Booking Facility and / or Site,

immediately if Jetstar reasonably believes that the Agent is in breach of theseConditions.

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

Site; and

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 anitinerary/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 furtheritinerary/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 Airlines Conditions of

Carriage

b) the Agent must ensure that the Tax Invoice or Adjustment Note is accurate andcomplies with all applicable GST Laws.

c) the Agent must ensure the Tax Invoice or Adjustment Note at a minimum

contains;

I. the Airline PNR details;


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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 Airlines check-in times;V. the applicable Airlines carry-on and checked baggage rules;

VI. the fare rules applicable to the booking;VII. the Airlines key Conditions of Carriage and where to find the full text

of the Conditions of Carriage

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 the Agent's failure, whether intentional or not, to issue Tax Invoices and

Adjustment Notes as required by this clause.

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

Airlines 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. TheAirline 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 madeimmediately to the applicable Airline for the total Fare in the applicable currency for

each booking:

a) by the Agents Credit Card or the customers Credit Card orb) 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 Agents responsibility to ensure that

payment is made before the Due Date, and to comply with all other terms of the Hold

Condition.


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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 theseConditions 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 theBooking Facility:

i) All available Airline fares applicable to their enquiry are displayed sothat 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 thefares 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 membersto earn points and status credits on eligible fares is included.

(b) not attempt to link with or reproduce or display any Jetstar or other Airlinematerial other than as authorised in these Conditions.

(c) comply with any technical direction from Jetstar relating to use of the API andAPI 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. 5. Booking Limitations


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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 [email protected] by completing the online form onwww.jetstar.com/groups .

6. Changing Bookings6.1. 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 bemade 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 Agentchooses 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 ifa) 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 RemunerableChannel

7.2.The Airline will pay the Agent any applicable Remuneration (and inclusive ofGST, 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 creditthe 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 theamount to be paid to the Agent. For bookings where payment is made by


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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 Remunerationpaid via BSP regardless of the original method of payment.

7.5.Agents not registered for BSP will have any Remuneration paid bya) 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 Agents 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 anyreason 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 totime and will be posted on the Site.

7.8.No Remuneration is payable for cancelled bookings. If any payableRemuneration has already been paid with respect to a booking that issubsequently cancelled the Airline will deduct the amount already paid from

the next Remuneration payment.

7.9.The Airline may, by giving 30 days notice to the Agent which will be postedon the Site, vary or amend:

7.10. a) the rate of any payable Remuneration including reducing therate to zero; or

7.11. b) the frequency of making payments of any payableRemuneration; or

7.12. c) the manner in which the Airline pays any payableRemuneration to the Agent; or7.13. d) the type of any Remuneration payable in respect of bookingsmade by the Agent

7.14. on the Site or, if applicable, through any other method.7.15.

8. GST and Taxes

8.1. Unless expressly stated to be inclusive of GST , the change fee and any other

consideration for supplies under these Conditions (other than required by clause 8.3.)

(Base Price) has been calculated exclusive of GST.


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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, anyamount payable under this Clause 8.3 is payable on the day that payment of the BasePrice (or part of the Base Price) for the supply, that has given rise to the obligation to

pay GST, is required pursuant to these Conditions or where the Base Price is non-

monetary consideration, seven days after the recipient receives a Tax Invoice for the

supply.

8.4. Where GST is imposed on a supply, the 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 ofsupplies 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 receivedfrom 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 byreference 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 Costactually 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. If the 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 soldby the Agent under these Conditions, the Agent will either provide the Airline with

details of:

8.8.1. the actual Fare paid by the customer, inclusive of GST and Ticket Taxes, and

remit that amount to the Airline; or

8.8.2. the gross Fare, exclusive of GST and inclusive of Ticket Taxes, and remit thatamount 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


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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 8.9.1.

8.9.3 The Agent warrants to Jetstar that it is registered for GST and that it willnotify 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.


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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 Agents

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 theAgent.

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, Jetstarand 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; oriv) the payment of the cost of having the goods repaired.

9.3. Jetstar and each Airline will not be liable under or in relation to these

Conditions for any special, indirect, incidental, or economic loss or damage (includingloss of profits, revenue, anticipated savings, bargain, opportunity or goodwill) or any


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loss of or damage to data, whether or not the possibility of those losses or damages

being suffered is brought to the attention of the Airline.

9.4. Jetstar and each Airline is not liable for and the 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 inrespect 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 Airlines

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 theseConditions;

c) any misuse or unauthorised use of the Site or Booking Facility usingequipment 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 DirectDeposit 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 wherethe 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 theAPI.

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 documentincluding 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 andrelates only to the relevant booking.


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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 thoserights expressly set out in these Conditions. The Agent must not during or any timeafter 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 partysearch 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 theAgent 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:

i. fails to pay any amount due to the Airline pursuant to these Conditions;

ii. is in breach of any of these Conditions;iii. is in the opinion of Jetstar not operating as an agent in the best interests of

the Airline or the Jetstar Group;

iv. has its travel agency licence cancelled or revoked, or it otherwise expires

or lapses if such a license is required to carry on the business of a travel

agent in the 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 appointedover any of its assets;


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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 remediesthat 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. Cookies

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; orc) 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 webbrowsers 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.

12.4. If you disable the use of cookies on your web browser or remove or reject

specific cookies from the Site or linked sites, then you may not be able to gain access

to all the content and facilities of the Site.

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.


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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 byan 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; or

b) 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 andDocumentation 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'srights 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


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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 Airlines 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 theState 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.

Documents

Jetstar Agen