AFC Net Resources

Policies

Airline Policy

afcnet quote icon Getting A Quote

Private (Student & Humanitarian) airfares quoted are NET and you will add your commission on top. Published airfares may or may not be commissionable, but you can add a service fee. A small number of private airfares reflect a cash discount. This discount is forfeited if you purchase by credit card (the increase will be 3.5%). Taxes and fees (including fuel surcharges) will be determined at the time of booking, but due to the volatility of fuel costs, may be repriced at time of ticketing. Additional information may include booking class, routing, minimum/maximum stay, flight restrictions and delivery fees. All rates are subject to change until issued.

afcnet reservation icon Booking

You’ll need the passport spelling of the passenger’s name.  You will be advised of the payment due date when you book a student or humanitarian reservation. Published airfares must be purchased on the same day of booking. We email the itinerary each time you book and each time you change the booking. It is imperative that you review the email for accuracy, as changes can be difficult and time-consuming.

afcnet reservation icon Purchasing

If you do not purchase your booking, it will auto-cancel by the due date. You can purchase your booking by paying for it online or by calling our reservations team. *IMPORTANT* Once payment is applied, you are under full penalty for any cancelation or changes to the reservation.

  1. Purchasing it online. If you made the booking online, it will be in the My Bookings. You will see payment options on the left.
  2. Call or chat reservations. You may call reservations at 952-886-7667 or 866-650-6111 or chat one of our agents from afcnet.com to apply payment to your existing reservation. You will receive a payment authorization email at the time of payment. You must reply to the email authorizing the payment transaction.

NOTE: If you are paying by credit card, you must be able to provide a faxed copy of the card (front and back) along with a copy of the cardholder’s driver’s license or passport and signature, upon request, if further payment verification is needed by AFCNet.

Another option is Electronic Payment, also called direct payment, which is an ACH (Automated Clearing House) debit to a bank account.  It’s effectively the same as writing a check, but much more convenient, more secure than using a credit card, and no more information about your account is released than when writing a check. This is a free option, and in order to have this option on your account, please fill out the enrollment form and fax it to us.

**AFCNet reserves the right to impose more restrictive payment practices for departures 2 weeks or less at the time of purchase.

afcnet reservation icon Getting Your Tickets

E-ticket receipts are emailed immediately after the tickets have been issued.  In most cases, tickets are issued almost immediately, but you can expect it to happen by end of day if payment is processed successfully.

Important: You or your client should reconfirm flights with the airline 72 hours before departure each way. Last minute schedule changes may occur.

afcnet reservation icon Getting Your Commission

Commission checks are mailed to you within two weeks of ticket issuance.

afcnet reservation icon Changes To Existing Bookings

This can easily be done in your My Bookings file without waiting on hold. View the booking and then click “Request a change to this booking”. Select the desired option. If you need additional help, contact our Support Team.

For voluntary exchanges, refunds, and name corrections, AFC Net charges $50 per person in addition to any airlines fees.

There is no charge for schedule change acceptance or voids.

afcnet plane icon Specialty Fare Eligibility

Student Fares

Eligible passengers:  Passengers must be current students or faculty members.  The airline may ask for proof of student eligibility. Passenger will be required to show valid student id or faculty id.  Passengers not in possession of such documentation will be denied boarding or required to pay the full fare for the flight.

Missionary/Humanitarian Fares

Eligible passengers:  Passengers must be flying for the purposes of a missionary/humanitarian reason.  Prior to ticketing, AFCNet requires the Organization’s 501-c3 number and Organization details.  The airline may ask for proof of trip purpose. Passengers not in possession of such documentation may be denied boarding or required to pay the full fare for the flight.  Individuals must be in possession of the non-profit organizations letter detailing the purpose of the trip.

afcnet plane icon TSA Policy

The U.S. Transportation Security Administration (TSA) handles all security watch-list screenings for airlines.  Secure Flight is a program implemented to provide uniform watch-list matching in order to enhance security of air travel. As a result, passengers are required to provide the following information for every flight. This data will be transmitted to TSA, who will then perform watch-list matching to prevent individuals on the No Fly List from boarding an aircraft, and also to identify individuals on the Selectee List for enhanced screening. By implementing a central watch-list matching system, the program gives a fair and consistent matching process across all airlines and reduces the chance of being misidentified. The program also offers an improved redress process so that those who are mistakenly matched to the watch-list can avoid subsequent problems.

  • Full name as it appears on passenger’s government-issued ID
  • Date of birth
  • Gender
  • Redress Number (if applicable)
  • Known Traveler Number (if applicable)

 

Failure to provide this information may result in the airline cancelling your ticket.

To learn more about Secure Flight, visit the TSA’s Website: (link https://www.tsa.gov/travel/security-screening)

International Group Air

afcnet plane icon Group

A group is a minimum of 10 passengers departing and returning on the same flights from a single domestic gateway traveling to the same international destination. Flexibility is the key in getting the lowest prices. Weekend travel often carries a surcharge.

** For groups of 10-20 passengers there is an alternate option. See the documentation for Large Party below.

afcnet quote icon Deposit

To guarantee a group rate, a deposit is due 10 days from the date of confirmation. A cancel fee will be assessed if a group completely cancels before the utilization date.

afcnet reservation icon Names

Preliminary names are due 90 days prior to the departure date. Final names are due 45 days prior to the departure. Some airlines charge fees for name changes after the final name list is submitted.

afcnet reservation icon Utilization

A utilization schedule will be provided upon group confirmation. The schedule will outline the specific dates when a deposit loss will occur if seats are cancelled. Most airlines require groups to use 90% of the seats they are holding 90 days prior to departure.

afcnet reservation icon Cancellations

Cancellations between 89-0 days prior to departure will incur full deposit loss. Once ticketed most airlines have cancellation and change fees.

afcnet reservation icon Final Payment

Final payment is due 35 days prior to the departure date.

afcnet reservation icon Mileage

Frequent flyer mileage does accrue on most AFCNet contracts.

afcnet plane icon Miscellaneous

Special meals and advance seating is possible 45 days prior to group departure.

These are guidelines to assist you with the group booking process. Specific rules vary by airline. An individual contract with details pertaining to your specific group will be provided once you receive a group quote.

afcnet plane icon Large Party

For groups of 10-20 passengers, there is an alternate option. You can book them all as individuals on AFCNet.com (up to 9 passengers on a booking). You will get immediate access to pricing and schedules, and the fare is often lower than with a group booking. Just like individual bookings, exact names are needed at time of booking and full payment is due same day. This option is not available if you have any LH coded or operated flights. Other exceptions may apply as airlines change their policies at will. Note: If you book more than 20 passengers this way your booking may be canceled and subject to penalty.

Privacy Policy

Introduction

At AFCNet, we are committed to protecting and respecting your privacy. Please read this policy as it contains important information about how we use personal data that we collect from you or that you provide to us. This policy has been adopted by all of the companies and businesses in our group (including AFC Travel, AFCnet, International Volunteer Card, and Faith Ventures)

By accessing the online booking engine or providing information, you agree to our privacy practices as set out in this privacy statement. We may change this policy from time to time. You should check this policy frequently to ensure you are aware of the most recent version.

If you have any questions regarding this policy or about our privacy practices, please contact us at the relevant address set out below in the ‘Contact Us’ section.

Who are we?

AFCNet combines the best of both worlds so that travel agents would be able to meet the needs and demands of their international customers.  We offer both domestic fares and international contracts to travel agents who serve customers in the student and missionary/humanitarian non-profit market, partnering with more than 30 major airlines to offer discounted international airfares via our booking engine and call center.

We offer private fares, student, humanitarian/missionary and published fare pricing to destinations throughout the world which include Africa, Asia, Europe, Mexico & Caribbean, Middle East, South & Central America and the South Pacific.

As we move forward, we may add new products and/or services to AFCNet or by creating a new entity affiliated with AFCNet.  If you would like more information about which AFCNet Group company you are dealing with, check the terms and conditions of your contract with us.

Information we collect from you?

Personal data is information that can be used to uniquely identify or contact a single person. We will collect and process information about users of our website and customers’ airline passengers to provide our services. Therefore, we may process any information, including personal data, that our customers’ airline passengers provide relating to the airline passengers’ arrangements.

Personal data processed by us may include, but is not limited to: name, address, e-mail address, phone number and credit card information, date of birth, records of our interactions and travel information.

We will hold your personal data on our systems for as long as is necessary for the relevant activity, or as long as is set out in any relevant contract you hold with us. We review our retention periods for personal data on a regular basis. We are legally required to hold some types of information to fulfill our statutory obligations.

How do we collect your information?

We collect personal data from and about users of our website and our customers’ airline passengers through the provision of our services. We also collect information from conferences we attend.

Information you give us

This is information about you that you give us directly through our website or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our website or services, when you report a problem with our website and when you provide us with details relating to the nature of any query or problem.

Details you provide relating to relevant Airline bookings and related information.

Information we collect about you

When you visit our website we will automatically collect:

Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions and operating system and platform; as well as a real-time recording of your session on our website.

Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse away from the page.

Information we receive from other sources

This is information we receive about you if you use any of the other websites we operate or the other services we provide. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies).

How we might use your information?

We use information held about you to administer any contracts between you and us and for the legitimate interests of our business, for example, the processing of Airline passenger data in order to register the Airline passenger’s booking.

Information you give to us. We will use this information:

  • to provide you with information, products or services that you request from us;
  • to carry out our obligations under any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
  • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
  • to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services like those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you change your mind and decide that you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please use the unsubscribe option when we contact you;
  • to notify you about changes to our service;
  • to ensure that content from our website is presented in the most effective manner for you and for your computer.
  • Information we collect about you. We will use this information:
  • to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to improve our website to ensure that content is presented in the most effective manner for you and for your computer or other device;
  • to allow you to participate in interactive features of our service, when you choose to do so;
  • as part of our efforts to keep our website safe and secure;
  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
  • to make suggestions and recommendations to you and other users of our website about goods or services that may interest you or them.

Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive) and to facilitate the Airline booking and related services of airline passengers.

We may aggregate your data into an anonymized form to help us provide more useful information to our customers and to understand which parts of the website are of most interest to visitors.

With whom we might share your information? 

We may from time-to-time make certain personal information available to strategic partners that work with AFCNet , such as the following:

  • Various affiliates of AFCNet , which means our current subsidiaries and our ultimate holding company and its subsidiaries. It also includes such other affiliates as we may add in the future;
  • Airlines or other Service Providers such as Tour Companies, Cruise Companies, Car Rental or Hotels through which you have arranged travel, but only the personal information that is needed for successful access to or processing of your travel arrangements;
  • Service providers we use to support our business who provide services such as information processing, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys, including service providers who offer applications which may be of interest to Airline customers through our AFCNet CRM.

In the event of merger, acquisition, or any form of sale of some or all of our assets, in which case personal data we hold about our customers will be among the assets transferred to the buyer.

If we engage a third party to process an individual’s personal data on our behalf, that third party will be bound by our data privacy policies or have similar contractual obligations in relation to the storage and processing of your personal information.

We may also disclose your personal information to third parties to:

  • Comply with any court order or other legal obligation or when data is requested by government or law enforcement authorities;
  • Enforce or apply our terms of use and any other agreements;
  • Protect the rights, property, or safety of us, our employees, customers, or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction;
  • Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
  • International transfers of personal data

Our data is stored in the cloud using Amazon Web Services in the USA. If you are accessing any of our systems from outside the USA, you acknowledge that your personal information will be transferred to the USA, a jurisdiction which may have different privacy and data security protections from those of your own jurisdiction, to be processed and stored.

Your rights

You have the right to ask us not to process, or to stop processing, your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us in the ‘Contact Us’ section.

Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

How you can access and update your information

You have the right to access the personal information that we hold about you in many circumstances. This is called a subject access request. If we agree that we are obliged to provide personal information to you (or someone else on your behalf), we will provide it to you or them free of charge except in exceptional circumstances.

Before providing personal information to you or another person on your behalf, we may ask for proof of identity and enough information about your interactions with us so that we can locate your personal information.

We strive to maintain accurate, complete, and relevant personal information for the purposes identified in this privacy statement. If any of the personal information we hold about you is inaccurate or out of date, you may ask us to correct it.

You have the right to object to us processing your personal information if we are not entitled to use it any more or to have your information deleted or have its processing restricted in certain circumstances. You also have the right to port your personal data in certain circumstances.

If you would like to exercise any of these rights, please contact us using the details set out below in the ‘Contact Us’ section.

You also have the right to lodge a complaint with the supervisory data protection body that regulates us if you have concerns about how we use your personal information. For information on how to do this, please see the ‘Contact Us’ section.

Security precautions are in place to protect against the loss, misuse or alteration of your information.

We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.

These include:

physical security and access to all AFCNet premises;

all access to computer hardware is password protected, with encryption and default security firewalls in place;

staff access to personal information is given on a need to know basis only. Tight controls, consistent with the Payment Card Industry standard (audited annually), are maintained in relation to the use, storage and processing of PII credit card data;

Regular training of staff in relation to storage; and

Otherwise in accordance with AFCNet ’s Data Protection Policy.

The safety and security of your information also depends on you. Any content, including personal information, that you contribute to be shared, published or transmitted to other users of the website, is visible to other users and can be read, collected, or used by them. We urge you to be careful about giving out information in public areas of any of the website. You understand and acknowledge that, even after removal, copies of your content, including personal information, that you contribute to be shared, published or displayed on a website, or transmitted to other users of a website, may remain viewable in cached and archived pages. Although we take efforts to protect your personal information, we cannot guarantee the security of your personal information transmitted to a website. Any transmission of personal information is at your own risk.

Cookies

The website may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us to improve and to deliver a better and more personalized service by enabling us to:

  • Estimate our audience size and usage patterns;
  • Store information about your preferences, allowing us to better customize the services according to your individual interests;
  • Speed up your searches;
  • Recognize you when you return to the website; and
  • Deliver targeted advertising based on products or content you have shown an interest in.

You may refuse to accept cookies by activating the appropriate settings on your browser. Check with your provider to find out how to disable cookies. Please note that certain features of the website may not be available if cookies are disabled.

Recruiting Statement

By submitting your resume or other personal information to us you acknowledge that we may use and transfer data as described in this Privacy Notice.

You may provide personal information to us or another AFCNet to education, employment, contacts, preferences, job qualifications, and jobs when you submit an application. You may also choose to provide AFCNet with additional information, such as resumes, CVs, transcripts, references, and compensation requests. We recommend that you do not disclose sensitive personal information (e.g., height, weight, religion, philosophical or political beliefs, financial data, sexual orientation, membership of a trade union or political party) in your resume/CV or any materials in support of your application. To the extent you provide sensitive personal information you expressly authorize AFCNet to handle such details as specified in this Statement.

We will use your personal information for recruitment purposes, and if you are offered a job or become employed by a member of the AFCNet (collectively “us“), we will use it for other employment-related purposes. These purposes include, but are not limited to: verifying past employment and/or education, checking references, confirming ability to legally work in the relevant country, contacting you and/or your emergency contacts at home if necessary, setting/adjusting compensation, job duties and titles, administering benefits, including health insurance, administering savings and pension plans, managing performance, withholding and payment of applicable taxes and complying with legal and regulatory obligations.

We may also retain your information after the recruitment process is complete to contact you about potential future opportunities or for record keeping purposes for a period of three years from the date of your application. However, we may retain your information for longer in an anonymized form for statistical purposes. If you provide information about others (i.e. reference contact details), please ensure you have informed them that you will be providing their information.

By submitting your resume/CV or other information and any subsequent application materials to us, you agree that we may use such information for recruitment, hiring and employment purposes.

Contact Us

If you have any questions regarding this policy or about our privacy practices, please e-mail us at: privacyofficer@AFCNet.com or write to the company at:

AFCNet Inc.
511 E Travelers Trail
Burnsville, MN 55337

Terms & Conditions

  1. Definitions and Interpretation

1.1 Definitions

In these terms and conditions, unless the context otherwise requires:

Agreement means the agreement constituted between AFCNet and the Agent comprising these terms and conditions and any applicable products.

Booking Sites means websites for online travel agents, global distribution services, wholesale travel agents and others through which a potential customer can view, compare or reserve airfare and related goods and services.

Business Day means a day that is not a Saturday, Sunday or federal  public holiday.

Confidential Information of a party means any information marked as confidential or which by its nature the other party knows or ought to know is confidential (regardless of the form of the information and when it was acquired) and includes trade secrets, technical knowledge, concepts, designs, plans, precedents, processes, methods, techniques, knowhow, innovations, ideas, procedures, research data, financial data, databases, personnel data, computer software and programs, Agent and supplier information, correspondence and letters and papers of every description including all copies or extracts of same relating to the affairs or business of the party.

Consequential Loss means:

  1. loss of revenue, loss of profits, loss of anticipated revenue or profits, or loss of (or failure to achieve) anticipated savings;
  2. loss of actual or potential opportunities or loss of contracts;
  3. loss of or damage to goodwill or reputation;
  4. loss arising from damage to credit rating or increased financing costs;
  5. loss of data or corruption of data;
  6. loss arising from business interruption or loss or damage resulting from wasted managed time; or
  7. any indirect, special, economic, incidental or consequential loss or damage, howsoever arising, whether based in contract (including under any indemnity), in tort (including negligence), in equity, under the provisions of any law or otherwise.

Agent Software Application means any software used by the Agent to manage bookings, including any property management system or central reservation system, but excluding any AFCNet Software.

Agent Users means officers, employees, agents, contractors or representatives of the Travel Agent or Agency represented.

Cardholder means non-consumer or consumer customer to whom a payment card is issued.

Cardholder Data means, at a minimum, the full PAN, plus any of the following: cardholder name, expiration date, service code, billing information

End User means a person who acquires a service from the Agent or Agency represented that is a resupplied version or a derived version of a Product or Service supplied to the Agent by AFCNet.

End User Details means all information about the End Users in the Agent’s possession or control including, but not limited to: full name, billing address, street address and, if applicable, details of ordered and supplied Services.

Fault means any fault which renders a product unusable.

Fees means the fees payable by the Agent to AFCNet for Products or Services provided under this Agreement.

Force Majeure Event means any act, event or cause which prevents a party from performing, or delays the performance of, any of its obligations under this Agreement, to the extent that the act, event or cause is beyond the reasonable control of the affected party, including (without limitation):

  1. forces of nature, any act of God, fire, storm or explosion;
  2. any strike, lockout, industrial action, war, sabotage, riot, act of terrorism, any denial of service attack, insurrection, civil commotion, national emergency (whether in fact or in law), power shortage, epidemic, quarantine, radiation or radioactive contamination;
  3. any action or inaction by any organ of government or government agency;
  4. a change in any law including any new law;
  5. a breakdown of plant, machinery or equipment, telecommunications failure or shortages of labour, transportation, fuel, power or plant, machinery, equipment or material (including short supply from the regular source or supplier); or
  6. a Supplier Failure.

Government Agency means any government or any public, statutory, governmental (including a local government), semi-governmental or judicial body, entity, department or authority and includes any self-regulatory organization established under statute.

Passenger means a person (to be) listed on the airline tickets.

Airline Data means all data relating to Agent’s airfare, including (without limitation) fares, fare types, availability, restrictions, passenger data, bookings, images and content.

Insolvency Event means in relation to a party:

  1. a receiver, receiver and manager, trustee, administrator, other controller or similar official is appointed over any of the assets or undertaking of the party;
  2. the party suspends payment of its debts generally;
  3. the party is or becomes unable to pay its debts when they are due;
  4. the party enters into or resolves to enter into any arrangement, composition or compromise with, or assignment for the benefit of, its creditors or any class of them;
  5. the party ceases to carry on business or threatens to cease to carry on business;
  6. a resolution is passed or any steps are taken to appoint, or to pass a resolution to appoint, an administrator;
  7. an application or order is made for the winding up or dissolution of the other party, or a resolution is passed, or any steps are taken to pass a resolution, for the winding up or dissolution of the other party, otherwise than for the purpose of an amalgamation or reconstruction that has the prior written consent of the first party; or
  8. a party is presumed to be insolvent within the meaning of any applicable statute or regulation, or threatens to do any of (a) – (g);
  9. any similar or corresponding application or process is made, planned or threatened in any other jurisdiction in which the Services are provided or the Agent is located.

Intellectual Property Rights means all intellectual property rights, including the following rights:

  1. patents, copyright, registered and unregistered designs, trade marks, domain names, business names and any right to have confidential information kept confidential; and
  2. any application or right to apply for registration of any of the rights referred to in paragraph (a).

Interest Rate means __Prime Rate_____

Product means a product supplied by AFCNet including (without limitation)

Registration Form means the application form to use a Product available on the Website.

AFCNet means:

AFCNet Infrastructure means any property or equipment (including computer hardware and software, electronic interfaces, platforms, databases, text, images, sounds, videos and other content) owned or used by AFCNet which enable the Agent to access or use the Products.

AFCNet Software means all software in the Products and/or AFCNet Infrastructure.

Supplier Failure means a failure of any equipment, product or service supplied to AFCNet by a third party which is required by AFCNet to perform its obligations under this Agreement.

1.2 Interpretation

Headings are for convenience only and do not affect interpretation. The following rules of interpretation apply unless the context requires otherwise:

  1. the singular includes the plural and conversely;
  2. a gender includes all genders;
    a reference to a person includes a body corporate, an unincorporated body, enterprise, firm, trust, joint venture, syndicate or other entity and conversely;
  3. a reference to a clause or schedule is to a clause of or schedule to this agreement;
  4. a reference to any party to this agreement or any other agreement or document includes the party’s successors and permitted assigns;
  5. a reference to any legislation or to any provision of any legislation includes any amendment, consolidation or replacement of it, and all regulations and statutory instruments issued under it;
  6. a reference to conduct includes, without limitation, any omission, statement or undertaking, whether or not in writing;
  7. a reference to a party is a party to this agreement or any person who executes a deed of accession to this agreement;
  8. If any payment by a party under this agreement is due on a day which is not a Business Day, the due date will be the next Business Day in the same calendar month or, if none, the preceding Business Day; and
  9. if an obligation must be performed by 2 or more persons it binds them jointly and individually.
  1. Term and application of agreement

2.1 Term

This Agreement commences on the earlier of:

  1. the first date the Agent clicks “I agree to the web terms and conditions” button on the Website accepting these terms and conditions;
  2. the issue to the Agent of a username and password by AFCNet; or
  3. the Agent’s first use of a Product or Service

2.2 Termination

This Agreement continues to apply as long as AFCNet continues to provide one or more Products or Services to the Agent, or otherwise terminated in accordance with clause 12.

  1. Supply of Services

3.1 Grant of License

AFCNet grants the Agent a non-exclusive, non-transferable, worldwide, revocable, royalty-free license to use such AFCNet Intellectual Property as is required to access the AFCNet Infrastructure and use the Products, subject to these terms and conditions, for the duration of the Term.

3.2 Use of Products and Services

The license in clause 3.1 is granted subject to the following conditions:

  1. the Products, AFCNet Software and AFCNet Infrastructure are for the Agent’s sole and exclusive use and may only be used as permitted under this Agreement;
  2. the Products must not be used to provide, in whole or in part, any service or functionality which competes with AFCNet’s Products or business;
  3. the Agent must not reproduce or copy the AFCNet Software in whole or in part except for backup and archive purposes;
  4. the Agent must not use the AFCNet Products or AFCNet Infrastructure for any purpose other than the purpose for which it is supplied under this Agreement, including (without limitation):
    1. for any improper or unlawful purpose;
    2. to create for the purpose of, or in a manner that transmits, publishes or communicates material which is defamatory, offensive, abusive, indecent, discriminatory, menacing, unwanted, in breach of confidence, illegal or which brings AFCNet or any of AFCNet’s agents into disrepute;
    3. in any way which damages or interferes with AFCNet Infrastructure or the supply of the Service to other AFCNet Agents;
    4. to host or transmit information which contains viruses or other harmful code or data designed to interrupt, damage, destroy or limit the functionality of any software, hardware or equipment; or
    5. for any benchmarking or competitive purpose or to develop a similar or competitive product.

3.3 Service Warranties

AFCNet represents and warrants that:

  1. the Services will be supplied and supported by appropriately qualified and trained personnel acting with due skill, care and diligence;
  2. it holds and has complied with all permits, licenses and other governmental authorizations necessary for conducting, carrying out and continuing its operations and business and it owns, controls or has obtained any and all necessary rights, licenses, permits and clearances required to provide the Services;

3.4 No reverse engineering

The Agent must not, and must ensure that any Agent User, End User or other third party to whom access has been granted by the Agent does not, modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the AFCNet Software.

3.5 Suspension or termination for breach

AFCNet may suspend or terminate access to any Products or Services in the event of any breach or suspected breach of this clause 3.

3.6 Registration Form

  1. Prior to commencing the use or trial of a Product, the Agent must complete and submit a Registration Form
  2. By lodging the Registration Form the Agent acknowledges that it has read, and agrees to comply with, these terms and conditions.

3.7 Application review and verification of identity

The Agent acknowledges that in assessing the application, AFCNet may request additional information to verify the Agent’s identity and the size and scale its business, from the Agent or a third party (for example, a credit agency). The Agent expressly agrees to provide any information reasonably required for that purpose and authorizes AFCNet to contact any such third party to obtain relevant information.

 

3.8 Username and password

Once AFCNet has approved the Agent’s application,  the Agent will create a username and password to access the applicable Products. The Agent must not disclose the username or password to any person without the express authorization of AFCNet.

3.9 Username Security

The Agent must maintain adequate security to ensure that no unauthorized person gains access to its username and password. The Agent is solely liable for any data input into the AFCNet Infrastructure by any person using the Agent’s assigned username and password (whether authorized or not). AFCNet expressly disclaims any liability in respect of any loss or damage suffered or incurred by the Agent as a result of incorrect data input into the AFCNet Infrastructure or use of the Products by any person using the Agent username and password and indemnifies AFCNet in respect of any loss liability incurred by AFCNet in respect of any unauthorized use or access.

  1. Fees and Payment

4.1 Credit Card Payment Agreement

Travel Agent and the Agency represented will exercise due diligence in verifying the

Cardholder’s identity and signature, and securing proper authorization from the Cardholder for

the transaction. AFCNet requires that you obtain a credit card copy and charge form for

every transaction, signed by the cardholder. The charge form authorization should also

include “change and cancel penalties apply” and the dollar amount.  Travel Agent must provide AFCNet with a copy of the Travel Agent’s charge form or cardholder’s written authority upon request. All credit cards must have verifiable cardholder information. Submitting the credit card does not automatically guarantee “ticketing”. AFCNet reserves the right to rescind a purchase for unverifiable cardholder information.  When certain transactions are determined to be high-risk by AFCNet,  will not process such transactions unless our credit card verification team has determined that it’s safe to process them. In order to establish validity of such transactions, we may contact you or your bank. 

4.2 Invoicing and payment

AFCNet must invoice the Agent monthly for Fees due under this Agreement in respect of Services to be provided in that month. The Agent must pay the invoiced Fees within 7 days of the invoice date in cleared funds without set-off, counterclaim or deduction of any kind including in respect of taxes, levies, imports, duties, charges (including intermediary bank charges) or fees.

4.3 Disputed invoices

  1. If the Agent disputes any part of an invoice submitted by AFCNet, the Agent must notify AFCNet in writing within 7 days of receipt of the invoice of the reasons for disputing the invoice and pay the undisputed amount on or before the due date for payment. If the Agent does not notify AFCNet within 7 days of receipt of the invoice the Agent will be deemed to have accepted the invoice as accurate.
  2. The parties must endeavor to resolve the disputed amount between themselves within 10 days of the notification being given by the Agent. If the parties do not resolve the dispute within 10 days of notification in writing by the Agent, the dispute resolution procedure set out in clause 17 applies.

4.4 Suspension for non-payment

AFCNet may suspend overdue accounts without notice to the Agent.

  1. Agent’s Obligations

5.1 Use of Products

The Agent must:

  1. maintain the necessary infrastructure to support the provision of the Services;
  2. comply with any operational procedures and maintain any technical specifications and documentation provided by AFCNet, or other reasonable directions given by AFCNet from time to time in relation to the Products;
  3. comply with any applicable law and the requirements or directions of Government Agencies;
  4. provide AFCNet with all information, assistance and co-operation reasonably requested by AFCNet in order to enable AFCNet to meet its obligations under this Agreement;
  5. not do, or omit to do, anything which the Agent is aware or ought reasonably to be aware, could have an adverse effect on the operation or maintenance of the Products or AFCNet Infrastructure;
  6. provide AFCNet and its contractors, agents and employees with prompt access to the Agent Software Application and to the Agent’s personnel, equipment, data and information as is reasonably required to enable AFCNet to provide the Services.

5.2 Site Content

The Agent is solely liable for all data uploaded into the AFCNet Infrastructure and must ensure that all information and content provided is accurate and up to date. AFCNet expressly disclaims any liability resulting from the publication of any inaccurate, defamatory, false or misleading information and the Agent indemnifies AFCNet in respect of any loss, cost, damage or other liability incurred as a result of such data being included or available in a Product.

  1. Maintenance and Suspension

6.1 Maintenance

  1. AFCNet may perform scheduled and unscheduled maintenance or perform updates in relation to the AFCNet Infrastructure, the Products or the Third Party Software from time to time.
  2. AFCNet will use its reasonable efforts to give the Agent notice undertaking any scheduled maintenance and will use reasonable endeavors to perform all scheduled maintenance at times likely to minimize interference to the Agent. If AFCNet is required to perform unscheduled or urgent maintenance, then AFCNet will use reasonable efforts to provide prior notice to the Agent however the Agent accepts that such prior notice may not always be possible.

6.2 Suspension by AFCNet

AFCNet may, upon reasonable notice, without liability and with immediate effect suspend a Service for as long as AFCNet, acting reasonably, considers it necessary to comply with any law, protect any person, or equipment, or enable authorized persons to attend to any emergency, or to prevent any flooding of data or other action of the Agent or End Users which is causing AFCNet Infrastructure to perform at a reduced level.

  1. Support

7.1 Support

The AFCNet support team will deal directly with the Agent’s centralized support function regarding basic configuration changes for accommodation providers and otherwise will provide basic support enquiries during local business hours.

  1. Fault reporting and restoration

8.1 Fault reporting

  1. The Agent must report any Faults in relation to Services to the AFCNet via chat or phone call as soon as reasonably practicable after it becomes aware of them.
  2. Before reporting a Fault, the Agent should take all reasonable steps to ensure that the Fault is with the Service and not caused by any the Agent Software Applications or any Agent content or equipment.
  3. AFCNet is not responsible for rectifying Faults where the Fault arises in or is caused by its Third Party Software Licensors or Third Party Software outside of AFCNet’s reasonable control, but AFCNet will request that Third Party Software Licensors rectify such Faults, or where the Fault is with the Agent’s Booking Site.
  4. The Agent is responsible for repairing faults relating to any Agent Software Applications, content or equipment.
  1. Personal Information and Privacy

9.1 Personal Information

To the extent that Personal Information is collected, used, handled, processed and/or transferred under this Agreement, each party must:

  1. comply with the applicable Data Protection Requirements; and
  2. obtain all necessary rights and consents required to comply with the applicable Data Protection Requirements and only use or disclose Personal Information obtained during the course of performing this Agreement for the purposes of this Agreement;
  3. not process or transfer Personal Information outside the relevant jurisdiction to any third party without the other party’s prior written consent.

9.2 Use and disclosure of Personal Information

The Agent consents to the collection, use and storage of Personal Information of the Agent, Agent Users and Guests:

  1. for purposes relating to the supply of the Services to the Agent, including:
    1. billing and account management;
    2. product and service development;
    3. managing the Agent’s relationship with AFCNet;
    4. marketing AFCNet’s Services to the Agent;
    5. transferring data to and from Booking Sites;
  2. and to the disclosure of Personal Information of the Agent, Agent Users and Guests:
    1. to a Government Agency to assist in the investigation of crime or the enforcement of any laws;
    2. to any third party as required by law; and
    3. to Booking Sites or other AFCNet suppliers; and
  3. otherwise, and in each case, in accordance with AFCNet’s privacy policy, available at the Website;
  4. and must obtain any consents or permissions necessary to enable this use of Personal Information.

9.3 Privacy Policy

AFCNet must at all times comply with its Privacy Policy, available on the Website.

  1. Confidentiality

10.1 Confidentiality Obligation

Each party (Recipient) which receives Confidential Information of the other party (Disclosing Party) under this Agreement acknowledges that all Confidential Information provided to it or to which it is exposed is confidential to the Disclosing Party.

10.2 Loss suffered

The Recipient acknowledges and agrees that the Confidential Information is, by virtue of its special nature, valuable property of the Disclosing Party and that the Disclosing Party may suffer damage or loss by any disclosure by the Recipient of the Confidential Information.

10.3 Non-Disclosure

The Recipient must:

  1. treat all Confidential Information as confidential and not make public or disclose to any other person that Confidential Information unless it has first obtained the written consent of Disclosing Party to do so;
  2. prevent third parties from gaining access to the Confidential Information; and
  3. deliver and surrender to Disclosing Party upon request all records of Confidential Information held by it.

10.4 Disclosure Required

The Recipient may disclose Confidential Information if required to do so by a Government Agency or any law or court order, or the rules of any applicable securities exchange after first giving notice to Disclosing Party and after taking all practicable steps to cooperate with Disclosing Party to prevent the disclosure to the maximum extent permitted by law.

10.5 Permitted Disclosure

Each party may disclose Confidential Information to any of its employees, contractors, or advisers on a need to know basis as long as each such recipient is bound by an obligation of confidence substantially the same as contained in this Agreement.

10.6 Reference to Agent

AFCNet may acknowledge that the Agent is a Agent of AFCNet and use the Agent’s logo (in accordance with Agent’s reasonable guidelines provided by the Agent to AFCNet) in any press release, marketing, sales, or stock exchange reporting materials. Any other reference to the Agent by AFCNet requires the Agent’s prior written consent.

  1. Intellectual Property Rights

11.1 Ownership of Intellectual Property Rights

  1. All Intellectual Property Rights which are owned by either party as at the date of this Agreement will at all times remain owned by that party exclusively and nothing in this Agreement may be construed as transferring outright the ownership of the Intellectual Property of one party to another.
  2. Except as expressly provided, nothing in this Agreement confers on the Agent any right or interest in, or license to use, AFCNet’s Intellectual Property Rights.

11.2 Warranty limitation

  1. AFCNet provides the AFCNet Software and Services “as is” and without any warranty or condition, express, implied or statutory to the maximum extent permitted by law. AFCNet, its related companies, officers, employees, its licensors and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the maximum extent permitted by law.
  2. AFCNet does not guarantee continuous, uninterrupted access to AFCNet Software and related services, and operation of the AFCNet Software and the Website may be interfered with by numerous factors outside of our control. The Agent is responsible for implementing appropriate security processes, systems and procedures to protect itself from the download of any virus, worms, Trojan horses or other code that has contaminating or destructive qualities. AFCNet does not guarantee or warrant that any file the Agent downloads from AFCNet or which we deliver will be free of malware.

11.3 Agent undertakings

The Agent acknowledges and agrees:

  1. AFCNet Software is Confidential Information of AFCNet and the Agent must not use or disclose any Confidential Information without AFCNet’s prior written consent;
  2. it will not attempt to assign, transfer, lease or rent the AFCNet Software to any third party;
  3. it will not attempt to modify or create any derivative work of the AFCNet Software;
  4. it will not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the AFCNet Software;
  5. it will not reverse assemble, disassemble, reverse engineer or otherwise attempt to derive source code, the underlying ideas, algorithms, structure or organization of the AFCNet Software; and
  6. it will indemnify and hold AFCNet harmless from all claims of whatever nature and howsoever arising made by any third party arising from any improper, unlawful or unauthorized use or dealing by the Agent or the End Users with the AFCNet Software.

11.4 License to use Airline Data

The Agent grants AFCNet the right to use its Airline Data.

  1. Termination

12.1 Term and termination

This Agreement remains in force for the duration of the Term unless earlier terminated in accordance with this clause 12.

12.2 Termination

Either party may terminate this Agreement:

  1. if the other party has committed a material breach of this Agreement and either:
    1. the breach is not remedied within 14 days of the date written notice of the breach is served on the breaching party; or
    2. the breach is not capable of remedy.

For the purposes of this clause 12.2(a) a failure to pay any amount on the due date for payment is a material breach.

  1. if the other party suffers an Insolvency Event;
  2. in accordance with clause 14.2, if a Force Majeure Event occurs;
  3. at any time by giving the other party 30 days written notice.

12.3 AFCNet Termination

AFCNet may terminate this Agreement immediately:

  1. if a Third Party Licensor terminates any required Third Party as a result of breach by the Agent; or
  2. under clause 3.6 for breach of any licensing condition.

12.4 Failure to pay

In addition to the right to terminate this Agreement under clause 12.2(a), if the Agent fails to make a payment due under this Agreement when called upon to do so, AFCNet may do any one or more of the following either instead of, or in addition to, terminating the Agreement:

  1. charge the Agent interest on the overdue amount from the due date for payment up to the date of actual payment at the Interest Rate;
  2. suspend the provision of the Services until all amounts due have been paid (including any interest);
  3. charge and invoice the Agent for the Termination Fee under clause 12.4;
  4. use or disclose any Personal Information collected and recorded in relation to the Agent to a third party to assist AFCNet in the process of debt recovery.
  1. Actions on Terminations

On termination of this Agreement:

  1. all unpaid sums owing by each party will immediately become due and payable to the other party;
  2. in addition to any other rights it may have, AFCNet may invoice the Agent in respect of any Services provided prior to the date of termination which have not been invoiced;
  3. the Agent must immediately return to AFCNet all Confidential Information of AFCNet, all access codes and keys of any type and any other materials in the Agent’s possession relating to AFCNet Products or Services.
  1. Force Majeure

14.1 No liability

Where any failure or delay by a party (Affected Party) in the performance of its obligations (excluding payment obligations) under this Agreement is caused, directly or indirectly, by a Force Majeure Event:

  1. the Affected Party must as soon as practicable give the other party written notice of that fact;
  2. the Affected Party is not liable for that failure or delay; and
  3. the Affected Party’s obligations under this Agreement is suspended, to the extent to which they are affected by the relevant Force Majeure Event, for the duration of the Force Majeure Event.

14.2 Termination for Force Majeure Event

If the Force Majeure Event continues for more than 30 consecutive days and while it continues, either party may terminate this Agreement by giving written notice to the other.

  1. Limitation of liability

15.1 No Consequential Loss

Unless expressly stated to the contrary in this Agreement, neither party is liable to the other for any Consequential Loss however caused in connection with or related to this Agreement or the otherwise in respect of the Services.

15.2 No implied terms

All terms, conditions or warranties which may be implied into this Agreement are excluded to the fullest extent permitted by law.

15.3 Resupply of Services

Where legislation implies in this Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty is deemed to be included. The liability of AFCNet for any breach of such condition or warranty is limited, at the option of AFCNet, to one or more of the following:

  1. if the breach relates to goods:
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of such goods;
    3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    4. the payment of the cost of having the goods repaired; and
  2. if the breach relates to services:
    1. the supplying of the services again; or
    2. the payment of the cost of having the services supplied again.

15.4 Limitation of liability

  1. AFCNet’s total aggregate liability in respect of all claims made under this Agreement (including in respect of any claims in tort or negligence) is limited to the total Fees paid by the Agent in the preceding 12 months.
  2. The limitations of liability in this clause do not apply to any liability arising as a result of the death or personal injury of a person, or damage to personal property, caused in each case by AFCNet or its employees.
  1. Indemnity

16.1 Indemnity

AFCNet indemnifies and will and hold the Agent and its Related Bodies Corporate, directors, officers, employees and agents harmless from and against all losses, damages, liabilities, claims and expenses incurred (including but not limited to reasonable legal costs and defense or settlement costs) arising as a result of any claim that the AFCNet Software, or the Agent’s use of the AFCNet Software, infringes, or allegedly infringes, the Intellectual Property Rights of a third party (Indemnity Claim).

16.2 Notification

AFCNet has no liability in respect of an Indemnity Claim under clause 16.1 unless the Agent complies with the following conditions:

  1. as soon as reasonably practicable after becoming aware of an Indemnity Claim and in any event within 5 Business Days, the Agent must notify AFCNet in writing, providing details of the Indemnity Claim;
  2. the Agent must make no admission of liability;
  3. the Agent must assign absolutely to AFCNet the right to defend or compromise any claim, acting in its absolute discretion.
  1. Disputes

17.1 Dispute resolution prior to litigation

The parties must exhaust the following provisions before initiating any legal proceedings in court.

  1. When a dispute arises, the disputing party must give a notice in writing to the other party setting out in reasonable detail the nature of the dispute.
  2. The parties must use reasonable endeavors and act in good faith to resolve the dispute notified under clause (a) by negotiation between a senior manager of each of them.
  3. If senior managers of the parties have not resolved any dispute within 20 Business Days of notification of the dispute, the dispute must be escalated to the CEO of each party for resolution.
  4. If the CEOs of the parties fail to resolve the dispute within a further 20 Business Days of notification of the dispute, either party may take such additional action as it deems necessary to resolve the dispute, including initiating legal proceedings.

17.2 Interlocutory relief

Nothing in this clause 17 prevents any party from seeking urgent interlocutory relief from a court at any time.

  1. Additional Resupply Terms

18.1 Resupply

This clause 18 applies only to Agents who resupply Products or Services.

18.2 End Users

  1. The Agent represents and warrants that it has the experience, capacity and resources to carry out its obligations under this Agreement, including providing required support to End Users with a high level or professionalism and in a timely and efficient manner.
  2. The Agent must:
    1. only use the Products for its own internal business use or to supply services to End Users using in whole or in part, the Services and not mix, combine or use any other services or products in combination with the Products;
    2. ensure that it has obtained consent from the End User:
      1. to disclose the End User Details to AFCNet and any relevant supplier; and
      2. for AFCNet and any relevant supplier to use the End User Details to the extent necessary or desirable in connection with the supply of the Products;
    3. provide and manage all services provided to an End User including billing and collection of payments;
    4. exclusively manage the relationship between the Agent and its End Users including (without limitation) providing technical support to the End Users without the involvement of AFCNet, and expressly ensuring that End Users do not contact AFCNet;
    5. maintain facilities and staff sufficient to provide the support services to the End Users immediately notify AFCNet of any defect in any of the Products of which it becomes aware;
    6. comply and take reasonable steps to ensure that all of its personnel comply at all times with any current operations manual issued by AFCNet and any other reasonable directions given by AFCNet from time to time in relation to the promotion, sale and use of the Products;
    7. not:
      1. bring AFCNet’s reputation or brand into disrepute; or
      2. compromise the integrity or security of the AFCNet Infrastructure or AFCNet Software.

18.3 Agent Acknowledgment

The Agent:

  1. must not make any representation or give any warranty in relation to any Service that is inconsistent with written materials supplied by AFCNet for that purpose other than as expressly authorized in writing by AFCNet;
  2. acknowledges that the supply of Services to the Agent under this Agreement is non-exclusive.

18.4 End User liability

  1. The Agent is solely liable for any dispute raised by any End Users in relation to the provision of any Products or Services by the Agent to those End Users, including in relation to any service level breach. Other than as expressly provided in this Agreement, AFCNet disclaims any liability which may arise either on the part of the Agent or an End User as a result of the use of a Product or Service by an End User or any related or ancillary claim.
  2. The Agent indemnifies AFCNet in respect of all losses, damages, liability, claims and expenses incurred (including but not limited to reasonable legal costs and defense or settlement costs) arising as a result of any claim or demand by any persons relating to the resupply of the Services to End Users, including a claim or demand made against AFCNet by an End User.

18.5 Branding and use of Name

The Agent must not use AFCNet’s logo or refer to AFCNet except with AFCNet’s prior written consent in accordance with any directions or guidelines provided by AFCNet.

  1. General

19.1 No assignment

Neither party may assign, charge or deal with any its rights and obligations under this Agreement or attempt or purport to do so, without the prior written consent of the other party, which must not be unreasonably withheld or delayed.

19.2 Change in Control

If a change in Control occurs in respect of the Agent or the Agent sells a property which is receiving Services under this Agreement, AFCNet may terminate the Agreement, or the provision of any Service, at any time without notice. If the Agent wishes to transfer the Agreement to a new owner of its business or property, it must make a request in writing to AFCNet to do so. The Agent remains liable under this Agreement until AFCNet agrees in writing to such a transfer.

19.3 Affiliations

Affiliates or employees of Ethan Screnock companies or of companies affiliated with Ethan Screnock Companies

If you are an employee or affiliate of Techtrav, Fly My Group, or any company owned or operated by Ethan Screnock, or are employed by or affiliated with a company that is affiliated with a company owned or operated by Ethan Screnock, you are prohibited from using this site in any way or for any purpose according to Craigslist Inc. v. 3Taps Inc., 942 F.Supp.2d 962 (N.D. Cal. 2013) ruling on the CFAA.  Any legal fees resulting from litigation relating to a violation would be paid for by the user of this site.  

 

19.4 Notices

  1. A notice or other communication required or permitted to be given by one party to another must be in writing and:
    1. delivered personally;
    2. sent by pre-paid mail to the address of the addressee specified in this Agreement;
    3. sent by facsimile transmission to the facsimile number of the addressee with acknowledgment of receipt from the facsimile machine of the addressee; or
    4. sent by email to an email address previously used or advised by the other party.
  2. A notice or other communication is taken to have been given:
    1. If delivered personally, immediately upon delivery;
    2. if mailed, on the second Business Day after posting;
    3. if sent by facsimile before 4pm on a Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt; or
    4. if emailed, on the date sent, unless the recipient is able to demonstrate that the email failed to be delivered.
  3. A party may change its address for service by giving notice of that change in writing to the other parties.
  4. The parties’ respective contact details for notification under this Agreement are as set out in the Parties section above.

19.5 Governing law and jurisdiction

  1. These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Minnesota applicable to agreements made and to be entirely performed within the state of Minnesota, without regard to is conflict of law principles.

19.6 Variation

Except to the extent expressly provided in this Agreement, this Agreement may not be amended or varied except in writing signed by both parties.

19.7 Counterparts and facsimile signatures

  1. This Agreement may be executed in one or more counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement.
  2. The transmission by a party:
    1. by email, fax or other electronic means of an executed copy of this Agreement; or
    2. the electronic execution and transmission by any generally accepted and secure means of affixing electronic signatures,

will be deemed proof of signature of the original for the purposes of constituting a binding agreement between the parties, and the signed copy or electronic copy so transmitted will be deemed the original for the purposes of this Agreement.

19.9 Joint and Several liability

If the Agent enters this Agreement on behalf of more than one party, such that multiple parties receive Services under this Agreement, each party shall be jointly and severally liable in respect of all Services so provided.

19.10 Whole agreement

In relation to the subject matter of this Agreement:

  1. these terms and conditions, any relevant products are together taken to be the whole agreement between the parties; and
  2. supersede all oral and written communications by or on behalf of any of the parties in relation to the subject matter of this Agreement.

9.11 No reliance on warranties and representations

In entering into this Agreement, each party acknowledges that:

  1. it has not relied on any warranty or representation (whether oral or written) in relation to the subject matter of this Agreement other than as expressly stated in this Agreement or relevant products.
  2. it has relied entirely on its own enquiries in relation to the subject matter of this Agreement.

19.12 Survivability

  1. Subject to any provision to the contrary, this Agreement will endure to the benefit of and be binding upon the Parties and their successors, trustees, permitted assigns or receivers but will not endure to the benefit of any other persons.
  2. The covenants, conditions and provisions of this Agreement which are capable of having effect after the expiration of this Agreement will remain in full force and effect following the expiration of this Agreement.
  3. Each indemnity in this Agreement survives the expiry or termination of this document.

19.13 Severance

If any part of this Agreement is legally unenforceable, this Agreement does not include it. The remainder of this Agreement continues in full force.

19.14 No merger

Nothing in this Agreement merges, extinguishes, postpones, lessens or otherwise prejudicially affects any right, power or remedy that AFCNet may have against the Agent or any other person at any time.

19.15 Consents and approvals

  1. Where this Agreement gives AFCNet a right or power to consent or approve in relation to a matter under this Agreement, AFCNet may withhold any consent or approval or give consent or approval conditionally or unconditionally and in its absolute discretion. The party seeking consent or approval must comply with any conditions AFCNet imposes on its consent or approval.
  2. The Agent warrants it has and will maintain the power and authority and has obtained and will comply with all necessary licenses and consents, necessary for it to enter into this Agreement and obtain and utilize the Services.

19.16 Relationship

The parties agree that this Agreement does not create any relationship of partnership or employment, franchise, joint venture or agency and that AFCNet is an independent contractor.

Version 2018.04.01

 

AFCNet 2018

 

CREDIT CARD AGREEMENT  

In order to provide you with further protection, when certain transactions are determined to be high-risk by our systems, we will not process such transactions unless our credit card verification team has determined that it’s safe to process them. In order to establish validity of such transactions, we may contact you or your bank.   

CREDIT/DEBIT CARD PAYMENTS

  1. All credit cards must have a verifiable US Billing Address.
  2. All bookings and fares are not guaranteed until ticketed by the supplier.
  3. When you submit a credit or debit card for a purchase, we request an authorization for the amount of your anticipated transaction (placing a temporary “hold” on the funds). If for some reason we are unable to confirm your booking, you will not be charged and we will request that such hold be released by your credit or debit card bank; until then, funds subject to the hold will not be available to you for other purposes.
  4. If your credit card is declined for any reason, we will notify you within 72 hours. Simply submitting the credit card does not automatically guarantee ticketing.
  5. AFCNet bears no responsibility in the event your credit or debit card is not approved or charged.
  6. There can be many reasons why your credit or debit card may not have been approved or charged. Examples of these maybe: airline could not confirm the booking, fare increased since payment information was submitted and prior to ticketing; or sufficient funds not available on the credit card. In such instances where the fare may have increased, you will be provided with alternate options and you have the right to cancel the booking at no cost to you. When the booking is ticketed at the cost originally quoted to you the ticket becomes non-refundable and non-cancellable.
  7. AFCNet uses stringent safety measures for credit card payment processing. Fraudulent transactions, if any, are reported to airport security, airlines and other federal and state law enforcement.
  8. You agree to be liable for any and all credit card payments and you agree not to dispute charges after the purchase has been made and your tickets and/or other products have been delivered by email confirmation or have been shipped to you. You agree to reimburse AFCNet in cases of charge back or credit card disputes where you have genuinely purchased a service on our website.
  9. Online credit card transactions are authorized at the time a user or anyone acting on their behalf accepts these Terms & Conditions and continues with the purchase.  This includes 3rd party credit cards where you are purchasing on behalf of your clients, the passengers.
  10. When certain transactions are determined to be high risk by our systems, we will not process such transactions unless our credit card verification team has determined that it’s safe to process them. In order to establish validity of such transactions, we may contact you or your bank.

 

CHARGEBACKS

Any credit card chargebacks for charges related to transactions performed on, or as a result of, using this site will be prosecuted to the fullest extent of the law as deemed necessary by the owner of this site.  As a user of this site, you agree to pay for any and all transactions you perform on this site, and to pay the owner of this site for any chargebacks related to transactions you make on this site.

CREDIT CARD DECLINES 

If your credit card declines at the time of processing your transaction, we will make all efforts to notify you by email within 72 hours. The transaction will not be processed if your credit card has been declined. The fare and any other booking details are not guaranteed. If there is a fare change you have a right to cancel the booking at no cost to you. There will be no service fees charged for this.   

SEATS, MEALS, FREQUENT FLYER AND OTHER SPECIAL REQUESTS 
Please note that your seats, meals, frequent flyer and other special requests are requests only.  We do not guarantee you will be assigned the seat(s) you have requested. We also do not guarantee that your meal(s), frequent flyer and other special requests will be honored by the airline. It is therefore recommended you contact your airline directly to confirm these requests prior to your scheduled departure date.   

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