Fillable Credit Account Application (Accident Compensation Corporation New Zealand)

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Credit Account Application (Accident Compensation Corporation New Zealand)

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Credit Account Application
Page 1 of 8
Air Tickets Need help?
0800 200 035
AIR TICKETS USE ONLY
Customer Number Date received
Abbreviated name
Comments
1 Please give details of your company or business entity
Registered name of company or business entity
Trading name (if applicable) NZ Business Number
IRD/GST No.
Street Address
Suburb
Postcode
Postal Address (if applicable)
Phone
Fax Email address
2 Address and contact details of the Travel Agency
About this form
To complete a credit account application you will need to:
•
Complete all relevant questions on this form
• Accept and sign our Terms and Conditions of Credit
• Sign the Guarantee and Indemnity
• Provide copies of the following documents:
- Proof of TAANZ Membership (if applicable)
- Proof of IATA Accreditation (if applicable)
- Photo ID (Drivers License or Passport)
- Proof of Travel Agency / Industry Experience
Please send the completed and signed original forms and copies of documents to:
• Air Tickets
Accounts
Level 5, 66 Wyndham Street
Auckland 1010
• Complete the Direct Debit Request (if applicable)
Suburb
Postcode
V: 20072018
®
Credit Account Application
Page 2 of 8
Air Tickets Need help?
0800 200 035
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Directors/Proprietors (Title/Given name/Surname)
Directors/Proprietors (Title/Given name/Surname)
Office/Retail Manager
Contact for Accounts payable
Phone
Phone
3 Names and contact details of..
5 Is your company or business entity...
A member of a buying group? (Please tick) Yes No
If yes, name of group
A member of a IATA/DAPA? (Please tick) Yes No
If yes, your IATA/DAPA number
Which GDS are you connected to?
Amadeus Galileo Sabre
Other (please list)
GDS Pseudo City Code
Other
6 Bank Account Details and Authority
Name of Bank
Branch Name
Account Name
Bank Branch Account Number
Authorise you, Air Tickets and Westpac Banking Corporation to seek an opinion from our Bank.
I/We
and
V: 20072018
®
Terms and Conditions of Credit
Page 3 of 8
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1. Right to refuse credit
We reserve the right at any time to decline providing credit to you, to cease
providing credit to you or limiting the amount of credit available. If credit is
withdrawn, all ticket monies must be paid at the time of delivery of the tickets
or placement of ticket order as directed by us.
2. Invoices
(a) Invoices are emailed weekly on Monday evenings and are due for payment
on the Thursday of the same week. Funds must arrive in our oce no later than
3.30pm on the due date. If any of these dates fall on a public holiday, then the
rst working day after that date will apply. The fees that apply shall be those
specied on our website www.airtickets.co.nz or the fees page in SmartFares at
the time of placing your order with us.
(b) Unless otherwise specied in writing by a duly authorized ocer of us,
payment shall be made by the due date specied in the invoice or these terms
or if no date is specied, with 7 days of demand (“the due date”). In the event of
group bookings we may request all or part of the fares to be paid in advance.
3. Interest
If you fail to pay any amount on the due date for payment then you shall, in
addition to that amount, pay interest at 12% calculated from the time such
amount falls due until it is received in full by us, without prejudice to all or any
of our other rights and remedies. Any payment received will be applied rst
against any interest accrued, secondly in relation to all fees incurred and thirdly
against overdue invoices.
4. Default on payment
(a) If you default in payment of any invoice when due, you shall indemnify us
from and against all loss and damage in respect of any recovery action including
without limitation all solicitors’ fees (on an indemnity basis), commercial agents’
commission, out of pocket expenses, bank fees, freight, insurance (collectively
referred to as fees) and interest.
(b) If you default in any payment we may, without prejudice to our own rights,
either suspend further deliveries, require payment in advance for all such
deliveries or terminate this or any other agreement by written notice to you.
5. Breach
Without prejudice to any other remedies we may have, if at any time you are in
breach of any obligation (including those relating to payment), we may suspend
or terminate the supply of tickets to you and any of the other obligations under
these terms and conditions. We will not be liable to you for any loss or damage
you suer because we exercised our rights under this clause.
6. Lien on tickets
In addition to any right of lien or other security to which we may be entitled
by law we are entitled to a general lien on all tickets of yours in our possession
and/or in your possession, even if such tickets or some of them may have been
paid for, against any outstanding amount for these or any other tickets sold and
delivered by us to you, under this or any other contract.
7. Charge
In consideration of us entering into this agreement, you agree to charge in favour
of us all your estate and interest in any land and in any other assets, whether
tangible or intangible, in which you now have any legal or benecial interest or
in which you later acquire any such interest. You consent to the lodgement by
us of a caveat or caveats which note our interest in that real property.
8. Issuing of tickets
Tickets are issued according to your instructions and it is your responsibility to
ensure that all details submitted to us by you, including spelling, are correct.
All tickets issued in accordance with the details you provide must be paid for
by you.
9. Ownership
(a) Ownership of each ticket will remain with us until all invoices, interest and
fees owing by you to us on any account whatsoever (“Amounts Owing”) have
been paid. Until the Amounts Owing have been paid, you
a. may, subject to this agreement, take possession of the tickets and hold
them as trustee and agent for us;
b. must ensure that the tickets are insured and stored or identied so that
they are readily distinguishable from other tickets held by you or other
persons.
(b) Until the Amounts Owing have been paid, you have the right to move, sell
and otherwise use the tickets in the ordinary course of your business, subject
to the following:
a. you may sell the tickets, but only as trustee and agent for us (save that
you must not represent to any third parties that you are acting as our
agent and we will not be bound by any contracts with third parties to
which you are a party); and
b. you must hold the proceeds you receive from any sale of the tickets as
trustee and agent for us.
(c) If you fail to comply with any of these Terms and Conditions then:
a. we may in our absolute discretion be entitled to cancel and/or re-take
possession electronically of the tickets in your possession; and
b. we may retain, sell or otherwise dispose of those tickets in any manner
we see t.
(d) You must not assign or grant a security interest in respect of any accounts
owed to us in relation to the tickets without our prior written consent.
(e) Without limiting the meaning of Amounts Owing, if you make a payment to
us at any time whether in connection with the supply of tickets or otherwise, we
may, at our absolute discretion, apply that payment to rst satisfy obligations
that are not secured, then obligations that are secured, but not by a purchase
money security interest, in the order in which those obligations were incurred,
and then obligations that are secured by a purchase money security interest in
the order in which those obligations were incurred.
(All former terms and conditions are null and void)
This Agreement sets out the terms and condions on which Gullivers Pacic Ltd trading as Air Tickets (referred to as “Air
Tickets”, “we” or “us”) is willing to extend credit terms to your Agency (also referred to as “you” or “your”). You agree that
the terms and condions set out in this Agreement are applicable at all mes and supersede all other terms and condions
including yours.
V: 20072018
®
Terms and Conditions of Credit
Page 4 of 8
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10. Agency debit memo (“ADM”)
In the event of an airline billing us an ADM for an undercharge or any other
charge (including recall of commissions) we will invoice you and such a charge
will appear on your invoice the following week and this charge is payable on
that weeks invoice, or if in dispute a letter must be sent to our oce within
7 days with all proof attached to request a reversal from the airline. Whilst we
will promptly forward such letter to the airline, if the airline does not agree to
reverse the ADM or does not provide a response within 14 days from the day we
send the letter, this cost is payable by you and will be added to your next invoice.
If a response is received after 14 days and the airline agrees to a reversal of the
ADM, we will allow you a credit on your next invoice of the relevant amount if
this has already been paid by you.
11. Misplaced/lost tickets
Tickets misplaced/lost by you or passenger must be fully paid for, even when
they have been lodged for Refund/Lost Ticket Indemnity with the relevant
airline. Tickets submitted for refund must not be deducted from invoices.
12. Electronic Miscellaneous Document (“EMD”) Multiple Pur-
pose Document (“MPD”) and Virtual Multiple Purpose Docu-
ment (“VMPD”)
Once we send an EMD/MPD/VMPD to an airline (at your request), it cannot be
retrieved. The EMD/MPD/VMPD will appear on your next invoice and must be
paid in full. Should you wish to cancel the request for which the EMD/MPD/
VMPD has been sent to the airline, you must apply for a refund via SmartTickets
Online. We will then apply to the airline for a refund and when received, a credit
will be made on your next invoice if this has already been paid by you.
13. Cancellation of tickets
(a) Tickets may only be cancelled on the same day of issue and must be cancelled
via SmartTickets Online. Tickets cancelled before midnight on the same day
of issue will not appear on your invoice, thus avoiding the need to apply for
a refund with the airline. Tickets cancellation requests received at our oce
outside these times will be processed as a normal refund and all cancellation/
refund penalties will apply to your agency.
(b) Refunds lodged by us are subject to ticket request instructions being correctly
carried out, will attract an administration fee and applicable cancellation fees
according to the fare ruling for the airline the refund relates. Please refer to
SmartFares for the current up to date listing of all our fees.
14. Risk
Risk in respect of lost/damaged/stolen tickets passes to you at the time of
delivery.
15. Release
To the maximum extent permitted by law, you release and discharge us from all
liability whether in contract, tort or otherwise for any loss, damage (including
consequential loss or damage), expense of any kind arising directly or indirectly
out of the supply of the tickets. You indemnify and keep us indemnied against
any liability, loss, damage, expense, cost, claim or proceedings arising directly
or indirectly out of or in connection with the supply of the tickets or any other
cause whatsoever.
16. Entire agreement
The Credit Account Application, Guarantee & Indemnity, these Terms and
Conditions of Credit and the fees shown on our website or the fees page in
SmartFares together form the one agreement comprising the complete terms
and conditions between you and us and any reference to “terms” means and
includes each of these documents.
17. Event of insolvency
In addition to any other terms, we may terminate this agreement immediately if
you have a liquidator, provisional liquidator, administrator, controller, receiver or
receiver and manager appointed, breach an essential term, breach a term that
is capable of remedy (other than an essential term) but which is not remedied
within 7 days of demand by us, commit a breach that is not capable of remedy
or any guarantor purports, threatens or does withdraw the provision of a
guarantee.
18. Jurisdiction
You unconditionally submit to this agreement being governed by and construed
in accordance with the laws of New Zealand, and you submit to the exclusive
jurisdiction of the courts of New Zealand.
19. Guarantors
The guarantors each agree to be bound by these terms such that they are jointly
and severally bound by them together with the agency.
20. Change in ownership structure
This agreement is made in respect of the owners and/or directors of you as at
the date of application. You agree to notify us in writing within seven (7) days
of any change whatsoever in ownership structure and further indemnify us
against any loss or damage that may result from your failure to notify us of
any such change. If there is a change in your ownership of which we in our
discretion deem to be material, we may suspend or withdraw all credit facilities
and require that you submit a new Credit Application.
21. Payment in full
Legal ownership of EMD’s, VMPD’s and travel related products issued on your
request and supplied by Air Tickets shall not pass to your Agency until those
goods supplied by Air Tickets to your Agency have been paid for in full.
22. Credit Card Charge Guarantee
(a) In consideration of Air Tickets issuing duly authorised travel documents as
requested by you for credit card charges, Air Tickets will issue against credit card
charges as per your ticket order provided that the airlines accept credit cards for
the fare requested.
(b) It is your Agency’s responsibility to ensure that you have the passenger’s
authorised signature on le for every ticket order requested and to query with
the passenger any suspected forgeries or discrepancies in the signatures.
(c) Your Agency is solely responsible for all forms of credit card fraud or where
the airline does not accept a signature or otherwise does not accept the credit
card payment.
V: 20072018
®
Terms and Conditions of Credit
Page 5 of 8
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(d) Should the airline issue an agency debit memo (ADM) for any credit card
disputes Air Tickets will request a copy of the authorised signature to dispute
with the airline.
(e) If Air Tickets incurs any expense or liability to the airline or any other person
as a result of credit card fraud, credit card irregularity or you not complying with
your obligations in respect of credit cards as set out above, your Agency shall
pay such costs to Air Tickets within 7 days of demand including any legal costs
suered or incurred.
(f) Air Tickets refer you to the IATA Travel Agents Handbook and in particular
the “Code of Practice for Credit Card and Other Card Transactions Made Against
an Airline’s Merchant Agreement” and the IATA resolution 890 Card Sales Rules.
(g) To obtain a copy of this handbook, you can either, order a hard copy from
www.iataonline.com or download an electronic copy from www.iata.org/
agenthome.
(h) Air Tickets strongly urges that the section on card fraud be read and
understood before undertaking non face to face card transactions.
23. Use of personal information
(a) In addition to the above general conditions, I/we agree that for the purposes
of processing my/our application for credit facilities:
a. that Air Tickets may seek consumer credit information
b. obtain from a credit reporting agency a credit report containing
personal credit information about me/us in relation to commercial
credit
c. exchange information with other credit providers.
(b) I/We agree to Air Tickets obtaining personal information about me/us from
other credit providers, whose names I/we may have provided for Air Tickets
or that may be named in a credit report, for the purpose of assessing my/our
application for commercial credit, made to the company.
(c) I/we agree that Air Tickets may disclose my/our personal information to
persons within the Air Tickets organisation and to third parties comprising
airlines, courier companies and credit reporting agencies.
(d) I/we also agree that Air Tickets may use my/our personal information for
marketing purposes.
(e) To the best of Air Tickets’ knowledge, each of the third parties to whom we
disclose your personal information has in place a privacy policy that complies
with the requirements of the Privacy Act 1993.
24. Photo identication
To complete the application process, you agree to provide us with one form of
current photo identication. Acceptable identication for the purposes of this
clause can be either a passport or a driver’s license. Any other form of photo
identication will not be acceptable to us unless we have agreed in writing to
accept that form of photo identication.
Signed by the Director / Proprietor / GuarantorSigned by the Director / Proprietor / Guarantor
Name of the Director / Proprietor / Guarantor Name of the Director / Proprietor / Guarantor
I/WE, the undersigned, hereby declare that I/WE have read, understand and agree to the Terms and Conditions of Credit.
Dated the day of 20
All forms outlined in the Credit Account Application must be signed before credit will be assessed and is subject to Air Tickets management approval.
V: 20072018
®
Guarantee and Indemnity
Page 6 of 8
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In consideration of Gullivers Pacic Ltd trading as Air Tickets and its successors and assigns (“the Company”), agreeing to provide goods and/or services
to the following agency (“the Agency”):
Name of Agency: Of:
Name of Guarantor/s:
Guarantor: Guarantor:
1. Due and punctual payment
I/We, the abovementioned Guarantor(s), hereby (jointly and severally in the case
of more than one Guarantor) guarantee the due and punctual payment of all
monies which may now or in the future be or become due and payable to the
Company by the Agency under the Company’s Terms and Conditions or whether
arising in any other way on any other account whatsoever.
2. Continuing guarantee
This Guarantee shall be a continuing guarantee and shall remain in full force
and eect and the Guarantor(s) shall remain liable notwithstanding the grant-
ing by the Company of time, credit or any other indulgence or concession to the
Agency or the Guarantor(s) or the waiver by the Company of any breach by the
Agency of its obligations to the Company or the liquidation of the Agency or the
Agency having an Administrator appointed or entering into a Deed of Company
Arrangement or the bankruptcy or death of the Guarantor(s) or any one of them
and the liability of the Agency ceasing or becoming extinguished for any reason.
3. Demand for payment
I/We will make due and punctual payments to the Company upon demand be-
ing made by notice or letter given to the Guarantor(s) and such demand or no-
tice or letter shall be deemed to be duly made or given in writing and left at or
sent by prepaid post to the address of the Guarantor(s) as set out below.
4. If payments deemed void or illegal
If any payments made by the Agency and/or Guarantor(s) are deemed void or il-
legal and subsequently refunded, it shall be deemed not to have discharged the
Agency’s and/or the Guarantor(s) liabilities in respect thereof.
5. Fees and additional costs
I/We declare that the Guarantors(s) shall pay all losses, damages, costs, fees,
charges and expenses including legal costs on an indemnity basis incurred by
the Company arising out of and incidental to this Guarantee or any matter arising
out of or incidental to this Guarantee or the performance or failure to perform by
the Agency and/or the Guarantor of the covenants contained herein.
6. Interest
If the Guarantor(s) fails to comply with their obligations then the Guarantor shall,
in addition to all monies owing by the Agency, will also be liable to pay interest
on all outstanding amounts at 12% calculated from the time such amount falls
due until it is received in full by the Company.
7. Indemnity
I/We declare that if any of the obligations hereby guaranteed shall not be en-
forceable against the Agency purported to be primarily liable hereunder, this
Guarantee shall be constructed as an indemnity and the Guarantor(s) hereby in-
demnies the Company in respect of any failure by the Agency or make payment
or perform or observe any covenant, obligation, term or condition of this Guar-
antee and from and against all losses, damages, costs, charges and expenses of
any kind which the Company may incur because of or arising out of the default
by the Agency under the Company’s Terms and Conditions or howsoever arising.
8. Charge
At the sole discretion of the Company, the Agency and/or the Guarantor(s) joint-
ly and severally charge (as benecial owners) all freehold and leasehold interest
in land and in any assets that the Agency and/or Guarantor(s) now or during the
course of this agreement acquire. The Agency and/or Guarantor(s) consent to the
Company lodging a caveat or caveats noting its interest pursuant to such charge.
9. Changes in company structure
I/We agree this guarantee shall not be aected by any changes in the constitu-
tion of the agency and/or the Guarantor(s) by way of reconstruction, consolida-
tion, absorption, merger or amalgamation. The Guarantor(s) will not be released
from any of their obligations unless the Company has given the Guarantor(s)
written notication of such release. The Guarantor(s) will be required to seek a
release in writing within 7 days of any such changes. Further, the Guarantor(s)
will indemnify the Company against any loss or damage that may result from the
Guarantor’s failure to notify us of any such change.
10. If payments deemed preferences
I/We agree to indemnify the Company and keep it indemnied from and against
all losses, damages, costs, charges and expenses of any kind which the Compa-
ny may incur because of or arising out of the failure by the Agency to pay any
monies which are due and payable to the Company or because in or before any
liquidation, bankruptcy or insolvency of the Agency an amount is paid to the
Company which it is subsequently obliged to pay out on the ground that pay-
ment of the amount to it was a preference.
11. Proving debt in liquidation or bankruptcy
If the Agency is in liquidation or is bankrupt, the Guarantor(s) are not entitled
to prove in the liquidation or bankruptcy in competition with the Company to
diminish any dividend or payment which but for the Guarantor(s) proof the Com-
pany would be entitled to receive in the liquidation or bankruptcy or to assert
any right of subrogation or indemnity in respect of any monies paid by the guar-
antor to the Company until the Company have actually received 100 per cent in
the dollar in respect of all monies due.
12. Jurisdiction
I/We unconditionally submit to this guarantee being governed by and construed
in accordance with the laws of Neww Zealand, and I/we submit to the exclusive
jurisdiction of the courts of New Zealand.
13. General provisions
In the above provisions, references to persons include references to a rm, a
body corporate, and association whether incorporated or not, a government and
a governmental, semi-governmental and local authority and agencies and words
and expressions, including dened terms, in singular form include a reference to
cognate words and expressions in plural form and vice versa and words and ex-
pressions importing a particular gender include respective references to cognate
words and expressions importing each other gender.
14. Photo identication
To complete the application process, you agree to provide us with one form of
current photo identication. Acceptable identication for the purposes of this
clause can be either a passport or a driver’s license. Any other form of photo
identication will not be acceptable to us unless we have agreed in writing to
accept that form of photo identication
V: 20072018
®
Guarantee and Indemnity
Page 7 of 8
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Signed by the Witness
Address of Witness
Name of Witness
AND THE GUARANTOR(S) HEREBY DECLARE that I/WE understand the nature and eect of the Guarantee & Indemnity and that
I/WE have had the opportunity of obtaining legal advice before signing this Guarantee & Indemnity.
Dated the day of 20
Suburb Postcode
Signed by the Witness
Address of Witness
Name of Witness
Suburb Postcode
Signed by the Guarantor
Personal Address of Guarantor
Name of Guarantor
Suburb Postcode
Signed by the Guarantor
Personal Address of Guarantor
Name of Guarantor
Suburb Postcode
V: 20072018
®
Credit Account Application
Page 8 of 8
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Checklist for Credit Account Application
Please complete the following checklist to ensure that all the requirements for the Credit Application have been fullled.
All pages have been fully completed
The Guarantee and Indemnity has been signed by all Guarantors and witnessed
Copies of the following documents are attached
Please send the completed and signed original forms and copies of documents to:
• Air Tickets
Accounts
Level 5, 66 Wyndham Street
Auckland 1010
Direct Debit Request (if applicable)
The following optional form have been completed and signed by a current director
The Terms and Conditions of Credit has been accepted and signed
Proof of Travel Agency / Industry Experience
Current Photo Identification (Drivers License or Passport)
Copies of the following if applicable
Proof of TAANZ membership
Proof of IATA accreditation
V: 20072018
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Credit Account Application (Accident Compensation Corporation New Zealand)

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Completed 10 August 2021

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