This AOG Global Layovers and AOGtion Programs User Agreement (collectively, the “Agreement”) is by and between Airline ("Airline User" including all Sub-users), whose name and address are stated in Section C, and AIRLINE OPERATIONS GROUP ("AOG”), a corporation whose principal place of business is 16th Floor, Lake Rajada Office Complex, 193/66 Ratchadapisek Road, Klongtoey Bangkok 10110 Thailand, (collectively, the “Parties”), and it is entered into and effective as of the date written below
NOW, THEREFORE, the Parties agree as follows:
1. GENERAL. By registering, installing and using AOG’s programs, the Airline User confirms that he/she is an official and/or authorized representative of an airline or an airline appointed handling agent, and that he/she has reviewed, understood, acknowledged, accepted and agreed to be bound, both personally and also on behalf of Airline User, by this Agreement and the separate Terms and Conditions Agreement relating to the use of Global Layovers and AOGtion programs, attached hereto and incorporated by reference (collectively referred to as the “AGREEMENTS”). Airline User understands and agrees that AOG’s Hotel and Transport rates offered through Global Layovers are intended for crew accommodations program and rates offered through AOGtion are intended for delayed/layover/stopover paid by carrier (STPC)/misconnecting passengers or emergency response services. For accounting purposes, Airline User agrees to provide AOG with a detailed accounting statement of the number of hotels and/or transport services utilized by the end of the month the booking was made.
2. AUTHORITY TO CONTRACT AND PURCHASE THROUGH GLOBAL LAYOVERS AND AOGTION. The Airline User confirms that he/she is an official and authorized representative of an airline or an airline’s appointed handling agent, and who is acting on behalf of the beneficiary airline(s) and/or handling agent and fully authorized to enter into AGREEMENTS and to authorize payments to third party suppliers such as AOG, hotels and transport providers.
3. PAYMENT. Airline User agrees to pay the Hotel(s) / Transport provider(s) within thirty (30) days after the actual check-out date. For payments remitted that is beyond thirty (30) days, Airline agrees to pay a late fee of 18% per annum, pro-rated at 0.05% per day to the Hotel(s) & Transportation provider(s).
4. CHOICE OF LAW. Irrespective of the country from which the Airline User accesses or uses AOG’s programs, this Agreement shall be governed by the laws of Thailand. The Airline User agrees to submit to the exclusive jurisdiction of the courts of Thailand without regard to conflicts of laws or other jurisdictional rules. The Parties will in any event attempt to settle their disputes in an amicable manner out of court by first conducting good faith discussions, negotiations or arbitration.
4. ELECTRONIC SIGNATURES. Electronically transmitted executed copies of this Agreement shall be fully binding and effective for all purposes whether or not originally executed documents are transmitted to the other party. Each party agrees that this Agreement to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
IN WITNESS WHEREOF, the Airline hereto has executed this Agreement on the dates shown below, and acknowledges that it has read, understood, and agreed with the terms and conditions stated in this Agreement.