Terms and Conditions for Sub-Agency Usage of Mitra Eswift Online Booking Tool

1. Introduction

1.1 These terms and conditions (“Terms”) govern the usage of the Mitra Eswift Online Booking Tool (“System”) by sub-agents (“Sub-Agency”). By accessing or using the System, the Sub-Agency agrees to comply with and be bound by these Terms.

1.2 Mitra reserves the right to amend these Terms at any time, with notice provided to Sub-Agencies.

2. Access and Usage

2.1 The System is provided solely for the purpose of facilitating flight and hotel bookings for the Sub-Agency’s clients.

2.2 The Sub-Agency must not share access credentials with unauthorized personnel. Any breach of this clause will result in immediate suspension of access.

2.3 The Sub-Agency shall ensure compliance with all applicable laws, regulations, and industry standards when using the System.

3. Booking Responsibilities

3.1 The Sub-Agency is responsible for verifying all booking details before confirmation. Mitra shall not be liable for errors or omissions in bookings initiated by the Sub-Agency.

3.2 The Sub-Agency agrees to minimize churning (repeatedly holding and canceling bookings) to avoid penalties and potential system access restrictions.

4. Agency Debit Memo (ADM)

4.1 ADMs issued by airlines due to the Sub-Agency’s errors, including but not limited to duplicate bookings, incorrect ticketing, or unauthorized cancellations, shall be borne entirely by the Sub-Agency.

4.2 The Sub-Agency agrees to reimburse Mitra for any ADMs directly related to their bookings within 14 days of notification.

5. Cancellation and Refund Policy

5.1 Cancellation of bookings is subject to the airline or hotel’s policies. The Sub-Agency must review and adhere to the specific cancellation terms displayed during the booking process.

5.2 Refunds for cancellations will be processed in accordance with the respective airline or hotel’s refund policy. Mitra shall not be liable for delays in refunds caused by third-party providers.

5.3 An administrative fee may be charged for processing cancellations or refunds. The applicable fees will be communicated in advance.

6. Payment Terms

6.1 The Sub-Agency shall ensure timely payment of all invoices issued by Mitra for the usage of the System and any associated services.

6.2 Failure to settle payments within the stipulated time may result in suspension of access to the System.

7. Confidentiality

7.1 All data and information accessed through the System are confidential and must not be disclosed to third parties without Mitra’s prior written consent.

7.2 Sub-Agencies must implement reasonable safeguards to protect client and booking data from unauthorized access.

8. Liability

8.1 Mitra shall not be liable for any loss, damage, or expense arising from the use of the System, including but not limited to technical issues, booking errors, or third-party disputes.

8.2 The Sub-Agency indemnifies Mitra against any claims or liabilities resulting from the Sub-Agency’s misuse of the System.

9. Termination

9.1 Either party may terminate the Sub-Agency’s access to the System with 30 days’ written notice.

9.2 Mitra reserves the right to immediately suspend or terminate access in cases of breach of these Terms, misuse of the System, or failure to settle payments.

10. Governing Law and Dispute Resolution

10.1 These Terms shall be governed by the laws of Malaysia.

10.2 Any disputes arising from these Terms shall first be resolved through mutual negotiation. If unresolved, disputes shall be referred to arbitration in accordance with the rules of the Malaysian Arbitration Act.

11. Acknowledgment

11.1 By using the System, the Sub-Agency acknowledges that they have read, understood, and agreed to these Terms and Conditions.

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