Terms and Conditions of Credit
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these Terms & Conditions:
a. section 95 (notice of removal of accession), to the extent that it requires
us to give notice to you;
b. section 96 (when a person with an interest in the whole may retain an
accession);
c. subsection 121(4) (enforcement of liquid assets – notice to grantor);
d. section 125 (obligation to dispose of or retain collateral);
e. section 130 (notice of disposal), to the extent that it requires us to give
notice to you;
f. paragraph 132(3)(d) (contents of statement of account after disposal);
g. subsection 132(4) (statement of account if no disposal);
h. section 135 (notice of retention);
i. section 142 (redemption of collateral); and
j. section 143 (reinstatement of security agreement).
(b) PPSA: Notices or documents required or permitted to be given to us for the
purposes of the PPSA must be given in accordance with the PPSA. You consent
to us eecting a registration on the PPSA register (in any manner we consider
appropriate) in relation to any security interest contemplated by these Terms
and Conditions and you agree to provide all assistance reasonably required to
facilitate this. You waive the right to receive notice of a verication statement in
relation to any registration on the register.
(c) The following words have the respective meanings given to them in the PPSA:
account, proceeds, purchase money, register, registration, security interest and
verication statement.
11. Agency debit memo (“ADM”)
I
n 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 office
within 5 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.
12. 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.
13. 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.
14. 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 oce
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.
15. Risk
Risk in respect of lost/damaged/stolen tickets passes to you at the time of
delivery.
16. 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 indemnied 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.
17. 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.
18. 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.
19. Jurisdiction
You unconditionally submit to this agreement being governed by and construed
in accordance with the laws of the state of Victoria and, where applicable, the
Commonwealth of Australia, and you submit to the exclusive jurisdiction of
the courts of Victoria. For the purposes of the Trans-Tasman Proceedings Act
2010 (Cth) as amended, you agree this credit application is to be construed as
an ‘exclusive choice of court agreement’ and you agree to the jurisdiction of an
Australian court to the exclusion of the courts of any other country.
20. 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.
21. 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. If your Australian Business Number (ABN) is
de-registered, you agree to notify us in writing within two (2) business days of
the de-registration and indemnify us against any loss or damage that may result
from your failure to notify us of any such de-registration.
V:
20072018