AIR AGENT PORTAL (“Conditions
1. FORMATION OF AGREEMENT
1.1 The Portal (“Portal”) is owned and operated
by Malindo Airways Sdn Bhd (doing business as Batik Air). When you use the
Portal to make a
reservation, you signify your agreement to these Conditions of Use and
other applicable terms, conditions, and notices, including but not limited to
the Conditions of Use of the Portal below. If this is not your intention and
you disagree with any part of these Conditions of Use or such other applicable
terms and conditions, DO NOT USE the Portal. You should obtain a print-out of
these Conditions of Use for your records. For the avoidance of doubt,
references to “you” in these Conditions of Use shall include (where applicable)
the Authorized Personnel who are authorized to use the Portal.
“Authorized Personnel” means the employees of your company duly authorized by
Batik Air to access the Portal under your Agent account.
1.3 The information contained in the Portal may
change without giving any notice. Batik Air does not warrant nor represent the
accuracy or completeness of the Portal or any of the data or information
contained in the Portal. Additionally, Batik Air reserves the right to change
these Conditions of Use without notice.
1.4 These Conditions of Use, circulars, updates
and B2B Agent User Guide shall form the entire Agreement between you and Batik
Air for the use of this Portal.
2. USE OF the PORTAL
2.1 The Portal is solely to assist you in determining the availability of
travel-related goods and services and to make legitimate reservations or
purchases for your customers. Abuse of the Portal may result in, amongst other
things, you being denied access to it.
terms and conditions will apply to your reservation and purchase of
travel-related goods and services. You will abide by the applicable terms or
conditions of purchase, including payment of all amounts when due and
compliance with all rules and restrictions regarding availability of fares,
products, or services. You are solely responsible for all charges, fees,
duties, taxes, and assessments arising out of the use of the Portal.
2.3 You will use the Portal to
make only legitimate reservations.
2.4 The Portal shall be used for the purpose
stated in clause 2.1 above only. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software, products or services
obtained from the Portal.
2.5 The Portal may be temporarily or permanently
unavailable, in whole or in part, and it may be added to, changed, or removed
at any time under our sole discretion without any notification.
2.6 Batik Air in its sole discretion may use all
comments and suggestions, whether written or oral, provided by you in
connection with the use of this Portal.
2.7 You agree not to:
a. use another person's name, ID, or
password without permission nor use the Portal while impersonating another
b. post or transmit any unlawful,
threatening, defamatory, obscene, or indecent material or any material that
could constitute conduct that would be considered a criminal offense, give rise
to civil liability, or otherwise violate any law;
c. make any speculative, false, or
fraudulent booking or any booking in anticipation of demand;
d. use any device, software, or routine
to interfere with or attempt to interfere with the proper working of the
e. alter or decompile the software used
for the provision of our the Portal;
f. frame, mirror, or otherwise
incorporate any part of the Portal into any other medium or domain without
Batik Air’s express written authorization.
3. BOOKING RULES
3.1 Reservations are subject to the applicable
Batik Air Fare Rules and the seat
availability in that fare group. Only
Electronic Tickets will be available as a ticket option.
3.2 Carriage and other services performed by
Batik Air are subject to the Batik Air Terms and Conditions, General Conditions
Use. By making a reservation through the Portal, you agree to notify the
Authorized Personnel who are traveling on the reservation that they are bound
by the Batik Air Terms and Conditions, General Conditions of Carriage, Privacy
Policy and these Conditions of Use (where applicable). These documents are
available on the Batik Air website.
4. TRAVEL REQUIREMENTS
4.1 You will undertake to advise the passengers
of the need to check and ensure they comply with the Entry and Exit
requirements of the relevant countries and that they fulfil the travel
documentations requirements. Batik Air will not be held responsible for such non-compliance
and will not be held liable for any claims arising from being denied boarding.
5. NO UNLAWFUL OR PROHIBITED USE
5.1 You will not use this web site for any
unlawful or prohibited purposes. You will not use the Portal to make any
unauthorized, speculative, false or fraudulent reservation.
5.2 You must not:
a. resell the service of the Portal; or
b. use the Portal for any activity which
breaches any law; or
c. use the Portal in a way which interferes with
its availability for other users; or
d. use other means to transact or obtain
information if you are unable to use the Portal.
If Batik Air (in its
sole and absolute discretion) believes that you are in breach, or will be in
breach, of any of these Conditions of Use, Batik Air reserves its right to
cancel your booking without giving you a reason and/or without further
reference to you.
6. RESTRICTIONS ON USE
6.1 You may not reproduce, republish,
upload, post, transmit, screen capture, screen scraping, link or distribute in
any way any material from this Portal without the prior written permission of
Batik Air. You must keep intact all accompanying copyright and other
proprietary notices. Graphics and images on this Portal are protected by
copyright and may not be reproduced or appropriated in any manner without the
written permission of their relevant owners. Modification of any of the
materials or use of the materials for any other purpose will be a violation of
Batik Air's copyright and other intellectual property rights and the copyright
and intellectual property rights of the respective owners.
6.2 If you download any software from the
Portal, the software, including any files, images incorporated in or generated
by the software, and data accompanying the software (collectively, the
"Software") are licensed to you by Batik Air. Batik Air does not
transfer title to the Software to you. You own the medium on which the Software
is recorded, but Batik Air retains full and complete title to the Software, and
all intellectual property rights therein. You may not redistribute, sell,
decompile, reverse-engineer, disassemble or otherwise deal with the Software.
6.3 You acknowledge and agree that all
copyright, database rights, trademarks and all other intellectual property
rights or other property rights relating to the Portal, including but not
limited to content, in whichever form, and lay out, shall remain at all times
vested in us or their respective owner.
6.4 This Portal and its entire content,
technology and processes contained may be the subject of other intellectual
property rights owned by Batik Air or by third parties. No licence is granted
in respect of such intellectual property rights other than as set out in this
Conditions of Use. Your use of this Portal must not in any way infringe the
intellectual property rights of any party.
7. CAPACITY AND RESPONSIBILITY
7.1 You represent that you have the
capacity and power to use the booking facility in accordance with these
Conditions of Use and to create binding legal obligations for any liability you
may incur as a result of the use of the Portal and this web site.
7.2 You are financially responsible for all
users of this Portal by yourself and those using your login information. You
will supervise all usage of the Portal under your name or account and ensure
the safekeeping of login credentials are well protected from unauthorized third
7.3 You warrant that all information
supplied by you in using the booking facility is true and accurate.
7.4 The Travel Agent will be responsible for
settling all payments in full, for transactions that had been concluded by the
Travel Agent via his login credentials.
7.5 The travel Agent is also responsible to
ensure that refunds for passengers must be settled within 7 days of receiving
clearance form the airline.
8.1 You represent that you are a registered
travel agent under the respective laws and regulations and have the necessary
licenses, authorizations, approvals, consents and notarizations required to
enter and perform your obligations under these Conditions of Use.
8.2 You warrant that you shall not breach
any of the terms and conditions of this Conditions of Use.
9.1 The Portal is provided "as is"
and you assume total risk and responsibility for your use of the booking
facility and the global computer network including the submission of any
personal or business information. To the maximum extent permitted by law, Batik
Air specifically disclaims and you waive all warranties, express or implied, in
respect of the booking facility including merchantability, fitness for a
particular purpose, non-infringement of intellectual property or other
proprietary rights or compatibility between Batik Air Booking Facility and any
software or hardware.
9.2 Batik Air does not warrant or guarantee
the usability and merchantability of the contents of the Portal outside the
Portal. Therefore, you shall not disseminate the content of this Portal to any
third parties without prior written consent of Batik Air.
Batik Air does not
warrant or represent that your access to and/or use of the Portal will be
uninterrupted or error-free or that any information, data, content, software or
other material accessible through the Portal will be free of bugs, viruses,
worms, Trojan horses or other harmful components.
LIMITATION OF LIABILITY
To the maximum extent
permitted by law, Batik Air is not liable for any injury, loss, claim, damage,
including those based in negligence, whether actual, incidental, special,
exemplary, punitive or consequential (including lost profits or other special damages)
which arises out of or is in any way connected with any of the following items:
(a)access or use of the Portal;
data, information or material contained in the Portal including the use of such
data, information or material to check prices and availability or for
reservations, ticketing or any other use;
submission of any personal or business information, including bank and credit
unavailability of the Portal to you in whole or in part or any failure or delay
in any way connected with the use of the booking facility because of the global
computer network, ancillary equipment, the systems of Batik Air systems or
technology or any other circumstances, including the use of or inability to use
the Portal to check prices and availability or for reservations, ticketing or
any other use;
the performance or non-performance by Batik Air or the failure of any function
or service associated with the Portal, in whole or in part;
any unauthorised access or breach of security into the Portal through the
global computer network; and
any booking or reservation made through the Portal that has not registered or
is incomplete or is delayed or is in error.
If Batik Air is found
liable for any loss or damage which arises out of or is in any way connected
with any accessing or use of the Portal then the liability of Batik Air will in
no event exceed, in the aggregate, any subscription fee and/or service charge
for accessing the Portal.
CANCELLATION OR SUSPENSION OF SERVICE
Batik Air may cancel or
suspend your use of the Portal at any time without notice if Batik Air suspects
that the Portal or your the Portal account code,Agent Code and Password/PIN is
being used, or may be used:
(a) by persons that
have not been authorised by you; or
(b)in breach of these Conditions of Use; or
(c) in a manner that may cause loss to you or
Batik Air. Batik Air may, at any time and at its sole and absolute discretion
and without cause or notice, terminate or restrict your access to the Portal or
refuse to give effect to any reservation you request through the booking
facility without giving any reason or notice to you.
Batik Air will take all
reasonable measures to ensure that information you transmit to Batik Air using
the Portal will remain confidential and protected from unauthorised access but
Batik Air does not warrant against unauthorised access and will not be liable
for any unauthorised access by any means to that information.
These Conditions of Use
are governed by the laws of Malaysia and you agree to submit to the exclusive
jurisdiction of the courts of Malaysia.
CONTENT OF THE PORTAL
15.1 All products and services displayed on
the Portal are accurate at the time of publishing..
15.2 The trademarks, logos, service marks,
watermarks, and including third-party
content ("Trademarks") displayed on the Portal are registered and
unregistered Trademarks of their respective owners. All Trademarks related to
Batik Air and other third-party providers that are displayed on the Portal
belong to their respective owners and we use these Trademarks solely for your
convenience. Nothing contained on this Website should be construed as our
pretension to these third-party Trademarks or as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark displayed on
the Portal, without the express written permission of its respective owners.
15.3 Your misuse of the Trademarks displayed
on the Website is strictly prohibited. You must ensure that your use of
Trademarks complies with all applicable laws and the intellectual property and
other rights of the relevant owners. You acknowledge and agree that the
Trademarks will remain the property of the relevant owners. No part of
Trademarks may be modified, duplicated, published, uploaded, distributed,
translated, adapted, marketed, or used, without the prior written consent of
the relevant owners.
15.4 Displaying of Trademarks on the Portal
and the availability of third-party products or services on the Portal, should
not be construed as an affiliation, endorsement, or sponsorship of the Portal
and our services by any such third party.