neXt South Africa Terms & Conditions

PARTIES

The parties to this booking agent agreement (“Agreement”) are Travelstart Online Travel Operations Pty Ltd (“Travelstart”)

NATURE OF AGREEMENT AND DURATION

Travelstart hereby authorises the Booking Agent to obtain access to and utilise Travelstart’s proprietary on-line search and booking portal, comprising such system capabilities and interfaces as Travelstart may determine from time to time (collectively “the nexT System”), to enable the Booking Agent to process bookings for travel, and related products on behalf of the Booking Agent’s clients (“Third Party Bookings”) from time to time, on the terms and conditions set out in this Agreement.

OBLIGATIONS OF THE BOOKING AGENT:

The Booking Agent agrees and undertakes, as material terms of this Agreement:

During the term of this agreement, the booking agent shall actively advertise, market and sell Travelstart's flights to its customers; thereby generating maximum volume of transactions and incentives.

The The booking agent shall be responsible for first contact customer support in relation to its transactions and shall facilitate the provision to customers of information available on the next platform. Furthermore, the booking agent shall directly communicate to customer with regards to information obtained from Travelstart’s customer care and support in relation to booking amendments or cancellations or any other customer support function which cannot be managed through the neXt portal and Travelstart’s direct website.

To advise Travelstart should any pertinent information contained in this Agreement or otherwise supplied by the Agent to Travelstart change materially at any time during the course of this Agreement.  This includes in particular any change of company status, ownership etc., but is not limited thereto.

When purchasing any items required by the Booking Agent, to make such purchase in the name of the Booking Agent and not in the name of Travelstart, so as to ensure the sellers of the said items will not be misled into believing that any such purchase is made by the Booking Agent on Travelstart’s behalf.

To make payment of all amounts due to all suppliers timeously.

To acknowledge that clients serviced by the Booking Agent are and will at times remain clients of the Booking Agent, for whom it will be exclusively responsible.  It is expressly recorded that Travelstart merely provides the services set out in this Agreement to the Booking Agent to facilitate the Agent’s provision of services to its clients, and that Travelstart has no further responsibility to either of the Booking Agent or its clients.

At all times to check the accuracy of all documents issued by Travelstart on behalf of its clients, such as airtickets and related documents, invoices, statements and the like.

At all times to trade with its clients under its own name and not that of Travelstart, and to ensure that all documentation issued to its clients reflects the legal entity of the Booking Agent and not that of Travelstart.

To comply timeously and efficiently with all ticketing, payment, and other procedures listed in this Agreement (including the Standard T&C’s).

To make use of his/her own computer equipment in rendering services to his/her clients, and to ensure that all software used is legal.

To bear the full amount of any losses that may be incurred by Travelstart arising from or connection with: (i)   any underpayment for tickets issued by Travelstart pursuant to Third Party Bookings or ADM’s, (ii) any credit card fraud perpetrated by the Booking Agent’s clients or (iii) any  credit card charges being contested by the Booking Agent’s clients.

To hold in strict confidence all information obtained from Travelstart  in relation to the NexT Systems and/or any other  technical or proprietary information pertaining to Travelstart and/or its business (whether or not such information falls within the scope of this agreement),  not to disclose any such information to third parties, and  to take reasonable precautions to prevent any disclosure of such information through any Director, member, shareholder, employee, agent or representative of the Booking Agent.

Not to enter into and/or negotiate any separate agreements with Travelstart’s preferred suppliers, it being agreed that Travelstart shall be exclusively responsible for such negotiations and agreements.

To ensure that all client CCCF information (namely: Copy of ID, Copy of front & back of credit card & signed CCCF form) is obtained, kept on file and available on demand, including all other documents required to prevent fraudulent credit card transactions, and  to ensure that all of the Booking Agents employees comply with this requirement.

To ensure that all IT fares sold are sold in compliance with IT fare rules, and not sold “Dry”.

To ensure that each Third Party Booking has a system generated guaranteed filed fare, which is a prerequisite for any  ticket issue

To ensure that under no circumstance a payment link sent from Travelstart to Booking Agent is forwarded on to Third Party.

LIABILITIES:

The booking agent is responsible for checking the name of the passenger is correct, as it is written on his/her passport and the passenger’s visa validity.

The booking agent is responsible for checking the fee rules of the airlines and informing the customer about cancellation and refund conditions.

The booking agent is responsible for checking the option dates of the reservations.

In reservations, which are carried out by the booking agent, Travelstart is not responsible for the differences in airline fees and taxes that could occur before the ticket is issued.

The booking agent is responsible for informing its customers about check-in time. All the departure times displayed in the reservation are in “local” time. The booking agent must inform its customers that they should be at the airport at least 2 hours before the hour of the flight.

 

OBLIGATIONS OF TRAVELSTART:

Travelstart shall, for the duration of this Agreement, and subject to the Booking Agent’s ongoing compliance with its obligations in terms hereof, provide the Booking Agent with the following services and support, in accordance with the service and operating standards determined by Travelstart from time to time.

Register and install all systems required as per the Booking Agent’s requirement, including all username and passwords required.

Provide ticket issuing services to clients of the Booking Agent against written authorisation by the Booking Agent, whereby payments are to be made on demand from Travelstart and Travelstart shall be entitled to withhold the issue of tickets or fees should said payments not be made, in accordance with the payment options approved under this Agreement.

Training and technical back up support by means of Travelstart services and infrastructure as the Booking Agent may require from time to time as determined by Travelstart, in its sole discretion. 

Ensure that all tickets are issued by midnight on the day of booking, provided that payment has been received and the relevant funds cleared into Travelstart’s bank account.

Ensure that all Third Party Bookings are scanned for possible fraud, provided that the risk of any such fraud shall remain with the Booking Agent.

Payment Links sent to Booking Agent are sent per booking and not per passenger

Ensure that the correct amount is charged for any booking amendments / refunds.

Disputing ADM’s and Refunds on behalf of the Booking Agent.

To be available to the Booking Agent during business hours to discuss and advise on financial risks in transactions, and it is recommended that the Booking Agent avails itself of this service when it has any doubt whatsoever about any transaction.

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