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BANGKOK AIRWAYS B2B TRAVEL AGENTS - TERMS AND CONDITIONS
1. Use of Website and Registration
1.1 Bangkok Airways B2B Website (this “Website”) is owned and operated by Bangkok Airways Public Company Limited, whose registered office address is 99 Mu 14 Vibhavadirangsit Road, Chom Phon, Chatuchak, Bangkok 10900 Thailand.
1.2 The terms and conditions (the “Terms and Conditions”) to this Website should be read and understood by Bangkok Airways’ accredited travel agent (“Travel Agent”) before accessing to the Website.
1.3 The use of the Website means that Travel Agent has read and accepted the Terms and Conditions and shall be bound by the Terms and Conditions and any future amendments to it.
1.4 The Terms and Conditions refer only to the use of this Website. Separate conditions apply to bangkokair.com and its subdomains including but not limited to FlyerBonus and for any other promotion, competition, prize draws, incentive scheme that Bangkok Airways may run from time to time.
1.5 Travel Agent is required to register its own B2B travel agent account (the “Account”) under this Website by creating a username and password.
1.6 Travel Agent represents and warrants that it has full power and authority (according to the applicable laws) to register its Account under this Website and to perform and assume all duties and obligations as a travel agency on behalf of Bangkok Airways.
1.7 Travel Agent warrants and confirms that all required details and information provided are true, complete, accurate and legally acquired and transferred to Bangkok Airways without any restrictions.
2.1 Travel Agent is responsible to the security of both its username and password and must take precautionary steps to ensure that these are kept confidential at all times.
2.2 If Bangkok Airways finds that Travel Agent has provided false details and information on registration to its Account or that Travel Agent intentionally failed to notify Bangkok Airways of any changes to the Account, Bangkok Airways reserves the right to terminate Travel Agent’s access to this Website immediately without notice and liability.
2.3 Travel Agent undertakes to implement all security measures to ensure that no unauthorized access to the Account is made and that Travel Agent will be responsible towards any activities conducted through the Account.
2.4 If Travel Agent believes that its username and password has been compromised, or any of details and information of Travel Agent has been amended without its knowledge, Travel Agent must promptly inform Bangkok Airways sales team by email to firstname.lastname@example.org.
2.5 If Travel Agent forgets its password to the Account, Travel Agent may retrieve its password online which will be sent directly to Travel Agent’s registered email address registered with this Website.
2.6 If Travel Agent forgets it username to the Account, Travel Agent is required to contact Bangkok Airways sales team by email to email@example.com.
2.7 If Bangkok Airways has reasons to believe that there is likely to be a breach of security or misuse of the services by Travel Agent on this Website then Bangkok Airways may suspend or deactivate the Account without notice and liability.
3. Intellectual Property Rights
3.1 All materials on this Website are protected by copyrights, trademarks, and/or other intellectual property rights. These materials are owned by Bangkok Airways and/or are used with permission from their owners and/or as otherwise authorised by law. Protected materials include, but are not limited to, the text, trademarks, source code, databases, logos, photographs, images, video clips, audio clips, designs, trade dress, and other materials contained in this Website. All rights are reserved, worldwide.
3.2 Travel Agent is not authorised to download, print, or reproduce portions of the materials on this Website except for non-commercial use. All other use of any material (including, without limitation, photographs, articles, press releases, software, comments, tables or charts, video clips, logos) on this Website is strictly prohibited. By way of illustration, such prohibited use may include the extraction, redistribution, republication, modification, broadcasting, sale, or otherwise making available of any of the information or material on this Website (in any format) to third parties. In addition to this restriction, Travel Agent agrees to comply with all copyright notices, information, or restrictions contained in any material accessed through this Website. Unauthorised use of this Website or any of the information or materials contained on this Website is illegal and as such may give rise to, amongst other things, a claim for damages and may also be a criminal offence.
4. Unauthorised Actions or Uses
4.1 Travel Agent agrees that the use of this Website is only for the purpose for which it is intended. Should there be any changes to the information and details that Travel Agent has provided, Travel Agent is required to update them in this Website. Travel Agent will not attempt to interfere with the operation of this Website, or alter or corrupt any data or software.
4.2 Travel Agent agrees to observe and abide by the Terms and Conditions and to follow all instructions and procedures set out in this Website. Travel Agent understands that a failure to follow all instructions and procedures may lead to the Account being suspended or terminated without further notice and liability and Travel Agent shall have no access to this Website. Possible legal action may be brought against Travel Agent.
4.3 Travel Agent must not disclose any confidential information of any person or entity including, without limitation, Bangkok Airways’ confidential information.
5. Product Information
5.1 This Website contains information about the products and services which Bangkok Airways (or other third parties) may offer (“Product Information”) to Travel Agents. Product Information may include details about Bangkok Airways future promotions, products and services.
6. Disclaimers and Limitations of Liability
6.1 All information or any other materials provided by Bangkok Airways on this Website is for information purposes only. By using this Website, Travel Agent agrees and acknowledges that Bangkok Airways makes no representations, warranties, or claims as to the accuracy of the Product Information or any other material on this Website. Furthermore, Travel Agent agrees that the Product Information or any other materials provided on this Website does not constitute any form of advice or recommendation.
6.2 Bangkok Airways disclaims all implied warranties, information, products and services relating to the use of this Website. To the maximum extent permissible under law, all information on this Website is provided without any warranty (either express or implied by law or otherwise) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose, or non-infringement of third party rights.
6.3 Bangkok Airways does not guarantee that use of this Website will be compatible with all hardware and software which may be used by Travel Agent.
6.4 Bangkok Airways does not warrant that this Website will be available for access by Travel Agent 24 hours a day, 7 days a week. Bangkok Airways reserves the rights to inhibit or limit the access to all or any part of this Website from time to time for update, amendment, enhancement, maintenance or for any reason that Bangkok Airways may determine at its sole discretion. In such case, Bangkok Airways shall, but without obligation, use its reasonable effort to notify Travel Agent as far advance as possible of such unavailability or limitation.
6.5 Bangkok Airways will be under no liability to Travel Agent whatsoever, whether in contract, tort (including negligence), breach of statutory duty, restitution, or otherwise for any injury, death, damage, or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill, and like loss) howsoever caused arising out of or in connection with the use of this Website or from Travel Agent’s access of other material via links from this Website or the use, accessing, downloading, or relying on any information or other materials contained in this Website including, without limitation, as a result of any computer virus except to the extent of Bangkok Airways’ liability to Travel Agent for personal injury or death resulting from Bangkok Airways negligence, for fraud or for any matter which will be illegal for Bangkok Airways to exclude or attempt to exclude its liability.
6.6 Travel Agent shall indemnify Bangkok Airways and its licensors and keep Bangkok Airways and its licensors indemnified against all losses, damages, claims, and costs (including legal cost) caused or suffered by Bangkok Airways and/or its licensors as a result of a breach by Travel Agent of any of the Terms and Conditions.
7.1 The Terms and Conditions and/or other information provided on this Website may be updated, amended, changed, or removed by Bangkok Airways at anytime and without prior or further notice to Travel Agent. Travel Agent should read the Terms and Conditions and any documents attached to it every time when Travel Agent visits the Website. By using this Website Travel Agent agrees to be bound by the latest version of the Terms and Conditions.
7.2 Bangkok Airways may make improvements or changes to the Product Information, services and other materials, and disable this Website anytime without advance notice to Travel Agent and at its discretion.
9. Data Security
9.1 Bangkok Airways is committed to ensuring that information of Travel Agent is secure. In order to prevent unauthorised access to, or disclosure of, any of personal information, Bangkok Airways has put in place suitable physical, electronic and managerial procedures to safeguard and secure the information it collects. In order to protect the security of such data, Bangkok Airways uses encryption technology when collecting or transferring personal information.
10. Links to Other Websites
11.1 The Terms and Conditions (including the Policies) contain all the terms relating to the use of this Website. The Terms and Conditions supersedes all previous contracts, arrangements, representations (other than fraudulent misrepresentation), terms implied by law, and understandings between the parties whether written, arising from custom, orally, or otherwise. The Terms and Conditions are written in Thai and English languages. In case of inconsistency, the English language shall prevail. Travel Agent is deemed to understand and accepts the English version of the Terms and Conditions if it uses this Website.
11.2 If any part of the Terms and Conditions are found by any court, tribunal, administrative body, or authority of competent jurisdiction to be illegal, invalid, or unenforceable then that provision will, to the extent required, be severed from the Terms and Conditions and will be ineffective without, as far as possible, modifying any other parts of the Terms and Conditions and this will not affect any other provisions of the amended Terms and Conditions, which will remain in full force and effect.
11.3 There shall be no waiver of any term, provision, or condition of the Terms and Conditions, unless such waiver is evidenced in writing and signed by the party granting such waiver.
11.4 The Terms and Conditions of this Website and the materials contained within it shall be governed and construed in accordance with the laws of Thailand. The Thai courts shall have non-exclusive jurisdiction to adjudicate any disputes, which may arise as a result. Travel Agent agrees that Bangkok Airways reserves the right to bring an action against Travel Agent in any country it deems appropriate.