Agency Terms Appointment
The following Agent Appointment Terms apply to travel agents selling travel arrangements as agent for Travel Sapphire Pty Ltd (“Operator”). Excluded Agents are not permitted to hold themselves out as an agent for the Operator and must not sell any Operator Product as agent for the Operator. The Operator may designate any person or entity to be an Excluded Agent at any time.
- 1. DefinitionsDefined terms used in these Agency Appointment Terms have the following meanings:
“Agent” means a person or entity whose primary business is that of a retail travel agent, and who the Operator permits to sell Operator Product as its non-exclusive agent subject to these Agency Appointment Terms;
“Booking” means a booking for Operator Product taken from a Lead Booker by the Agent on behalf of the Operator subject to the Booking Conditions; “Booking Conditions” means the terms and conditions of the Operator in effect from time-to-time pursuant to which the Operator sells Operator Product as notified by the Operator to the Agent or as otherwise published on the Operator’s website;
“Confirmation Invoice” means a confirmation invoice to be issued by the Agent to the Lead Booker for a Booking;
“Excluded Agent” means any person or entity that the Operator designates is not permitted to sell Operator Product as agent for the Operator;
“Lead Booker” means the first person over the age of 18 years named on Booking documentation, who alone instructs the Agent to amend or cancel a Booking;
“Operator Product” means any travel arrangements that the Operator sells as contract principal;
“Travel Agent Documentation” means any documentation relevant to travel agents issued by the Operator from time to time.
- 2. APPOINTMENT2.1 The Operator is the contract principal for the supply of the Operator Product to customers subject to the Booking Conditions.2.2 The Operator appoints the Agent as its non-exclusive agent for the retail sale of the Operator Product within Australia.
2.3 The Agent accepts its appointment and agrees to sell the Operator Product and perform the other obligations set out in this Agreement.
- 3. DUTIES OF THE AGENTThe Agent agrees to:3.1. Disclosure of Operator: State clearly that it acts as agent for the Operator and state the Operator’s name, on all dedicated publicity material and relevant documents.
3.2. Booking conditions
(a) The Agent must ensure that the Lead Booker is referred to the Booking Conditions, and that in any case they are brought to the attention of the Lead Booker, before any Booking is taken by the Agent; and(b) The Agent must not amend the Booking Conditions.
3.3. Receipts and Confirmations: The Agent must provide the Lead Booker with:(a) a receipt/confirmation invoice following the purchase of any Operator Product, stating the amount taken on behalf of the Operator, that the Agent acts as Agent for the Operator and naming the Operator; and
(b) the confirmation document issued by the Operator.
3.4. Insurance: The Agent must ensure that the Lead Booker is specifically advised to take out travel insurance, appropriate for that customer’s requirements;3.5. Amendments notified by Operator: The Agent must: (a) notify the Lead Booker immediately in writing (and by telephone if notification occurs less than 14 days before departure) of all corrections and amendments advised by the Operator (whether advised by the Operator in writing or orally) in respect of that customer’s Booking;
(b) ensure that any instructions regarding written amendments to the Operator’s brochures, promotional material or other documentation held by the Agent are acted upon expeditiously.
3.6. Special requests: The Agent must: (a) ensure that when a customer makes a special request in respect of a Booking, this request is promptly and accurately notified to the Operator in writing; and
(b) undertake not to make any verbal or written assurances to a customer that any special request will be complied with.
3.7. Notification of cancellation and amendment requests by customers: The Agent must ensure that all requests by a customer to amend or cancel a booking are passed on to the Operator in writing on the day on which they are received.
3.8. Cancellation and amendment procedure: The Agent must inform the Lead Booker of any obligations to pay cancellation/amendment charges where a customer requests the cancellation or amendment of a Booking.
3.9. Collection and remittance of monies due: The Agent must
(a) collect from customers all payments, cancellation charges, amendment fees and all other monies payable by customers in accordance with the Booking Conditions and remit those monies to the Operator by their due date.
(b) The Agent must not release to the Lead Booker any tickets, vouchers or coupons until correct payment has been received. 3.10. Agent’s liability: The Agent remains liable to the Operator for monies which it has collected for a Booking and have not remitted to the Operator.
3.11. Agent’s Indemnity: The Agent agrees to keep the Operator indemnified against all claims brought against the Operator or liabilities incurred by the Operator arising out of a breach of these Agent Appointment Terms, including for the avoidance of doubt the failure to bring the Booking Conditions to the attention of a Lead Traveller before confirming a Booking.
3.12. Complaints: Where a complaint is received by the Agent, the Agent must:
(a) use reasonable endeavours to resolve customer complaints that are of a minor nature and do not commit the Operator to the payment of any amount; and
(b) advise the Operator as soon as reasonably practicable of any complaint by a customer of a major nature or any complaint it has been unable to resolve.
3.13. Duty to forward correspondence: The Agent must forward to the Operator as soon as practicable any communication or correspondence received from a customer and forward to the Lead Booker as soon as practicable any communication or correspondence received from the Operator.
3.14 Compliance with laws and regulations: The Agent must comply with all relevant laws and regulations, including Australian Consumer Law and the Privacy Act 1988 insofar as they apply to the Agent’s activities.
- 4. OPERATOR’S UNDERTAKINGSThe Operator hereby undertakes the following to the Agent: 4.1. Confirmation of bookings: Confirm (subject to availability) each Booking request by:(a) issuing a booking confirmation to the Agent within 7 days from the date of Booking; or
(b) confirming the Booking immediately by electronic means, if an electronic booking facility is available, and then complying with the provisions of sub-clause (a) above.
4.2. Rates & Commission: All rates are net and non-commissionable.
- 5. TERMINATION OF APPOINTMENT5.1. The Operator may terminate the appointment of an Agent at any time on written notice, following which the Agent will become an Excluded Agent.5.2. If the Agent’s appointment is terminated, the termination will not apply in relation to Bookings confirmed by the Operator to the Agent before the date of termination, and the rights and obligations of the parties under these Agent Terms of Appointment for such Bookings will survive the termination.
5.3. If the Agent’s appointment is terminated:
(a) the Agent must cease to represent itself as an agent of the Operator and must cease to sell and offer for sale any Operator Product; and
(b) the termination shall not affect the accrued rights or remedies of either party that accrued prior to termination.
- 6. VARIATIONThe Operator may vary the Agent Terms of Appointment and Travel Agent Documentation at any time, following which the varied terms will apply for any new Bookings. The Travel Agent’s only recourse if it does not agree with the variations is to cease selling the Operator Product.
- 7. GOVERNING LAW
These Agent Terms of Appointment are governed by the laws of New South Wales (in relation to contractual and non-contractual matters) and the parties agree to submit to the exclusive jurisdiction of New South Wales courts (and corresponding appellate courts) at all times.
