Air Niugini – UATP Subscriber’s Agreement – Terms & Conditions

  • 1. Prepaid Account General

    1. 1.1 Minimum amount required to open a prepaid account is K 1,000.00
    2. 1.2 Minimum account balance of K200.00 will be maintained at any given time and payment will be made upon receipt of the billing statement.
    3. 1.3 Air Niugini will send a billing statement via Email to support the tickets issued and services providedThe Account Holder is responsible for keeping their own documents.
    4. 1.4 Requests for any extra documents other than the invoice issued as per billing statements will be subject to additional document fee per copy.
    5. 1.5 Accounts with balances of K200.00 or below for over a period of one year with no movement will be automatically closed. EMD will be issued to the card holder or the balance will be refunded to the sponsor after deducting the debts due to Air Niugini.
    6. 1.6. We understand that all tickets issued upon processing of duly authorized purchase orders, or from online bookings procedures will be charged to the account, irrespective of travel status of the ticket. The UATP Account Holder agrees to charges, and the payments due to Air Niugini as per the invoice issued.
    7. 1.7 Where it is necessary to convert value of any ticket or other services purchased from another currency into PGK an appropriate rate of exchange as applicable, in accordance with the Air Transport Industry will be used.
    8. 1.8 A written notice of queries and disputes must be sent to Air Niugini within 60 days upon receipt of the billing statement. The reasons for disputes and the amount disputed must be clearly stated in the notice.
    9. 1.9 Whenever a ticket or other document purchased hereunder has not been used, in whole or in part, due to circumstances beyond the passenger’s control, any refund due in accordance with applicable tariff provisions or conditions of carriage may be made to the Card Holder’s Account after the cancellation notice and/or refund request form is received by the Air Niugini Sales office subject to confirmation of status on the ticket or coupons(s), in the case of a partially used ticket.
  • 2. Payment of UATP Account and Fees

    1. 2.1 Purchase of Services may be debited to the UATP Account of the Account Holder up to the value of the approved minimum balance available.
    2. 2.2 Air Niugini reserves the right to retrospectively adjust the amount of charges debited to the UATP Account in the event of incorrect entries whether due to unforeseen errors, debited subsequently due to timing differences or otherwise.
    3. 2.3 The Account Holder agrees to maintain a minimum required balance in account at all times.
    4. 2.4 If the minimum balance of K 200 requirement is not adhered to, or if 2.2 above applies. Air Niugini may at its sole discretion and without prejudice to any other rights or remedies available to it, do any or all of the following:
      • (i) Immediately suspend, the Account Holder’s UATP Account for such duration as we determine at our sole discretion; and/or
      • (ii) Terminate the Account Holder’s UATP Account and the validity of all UATP cards issued in connection therewith; and/or
    5. 2.5 Air Niugini shall be entitled to offset any amounts due from the Account Holder against any amounts due to the Account Holder by Air Niugini or any of its Related Companies. The right to any offset shall apply irrespective of whether the amounts owed by Air Niugini or its Related Companies (as applicable) are due to the Account Holder under these Terms and Conditions or the terms of any Other Agreement. This right shall survive the termination of your UATP card Account and/or cancellation of any UATP card issued in connection therewith.
    6. 2.6 All statements will be sent via email to the email address recorded in your UATP card Account. Any requests for a paper statement will incur a Paper Statement Fee.
    7. 2.7 A schedule of fees current, on the date when these Terms and Conditions were last updated is annexed to these Terms and Conditions. The amount of such fees may be amended from time to time by Air Niugini in accordance with clause 5.1.
  • 3. Use of UATP card Account

    1. 3.1 UATP cards are acceptable for the purchase of the following Services:
      • (i) Travel on Air Niugini and Related Operators;
      • (ii) Carriage of excess baggage in connection with 3.1(i) above;
      • (iii) Travel on any other airline who accepts UATP Cards as a form of payment (refer to www.uatp.com for a list of airline merchants);
      • (iv) Any other services, other than cargo or products that Air Niugini may announce from time to time as eligible Services;
    2. 3.2 In addition to these Terms and Conditions, Air Niugini tariffs, Conditions of Carriage and the terms and conditions applicable to the fare type purchased will apply to all travel on flights operated by Air Niugini and the applicable supplier’s tariffs and terms and conditions will apply to all other Services purchased.
    3. 3.3 Each UATP card is valid for use only during the period stated thereon and remains the property of Air Niugini at all times. The Account Holder accepts liability for and hereby indemnifies Air Niugini for all charges made on presentation of Air Niugini cards issued at the Account Holder’s request.
    4. 3.4 In the event that a card is lost or stolen the Account Holder must notify Air Niugini immediately by calling 675-3273780, 3273779, 3273291, 3273682and 3273872. If giving notice by phone, Account Holders must confirm the notification in writing within 7 days. Upon receipt of such notice, Air Niugini will cancel the UATP card and will take steps to prevent the subsequent honoring thereof. Notwithstanding the foregoing, the Account Holder will be liable for all charges made against the UATP card Account and any losses arising from unauthorized use of the UATP card Account prior to Air Niugini receiving notification except to the extent that such losses are caused by any fraudulent or negligent conduct on the part of Air Niugini.
    5. 3.5 Notwithstanding any other provision of these Terms and Conditions, the Account Holder shall remain liable at all times for the performance or non-performance of its employees, agents, servants, contractors or other third parties that it may use from time to time to manage any aspect of the UATP card Account and procure related services including, without limitation, booking Services and/or making payment of any statement of charges on the Account Holder’s behalf.
    6. 3.6 The Account Holder agrees to ensure that each UATP card Holder is made aware of and comply with the Terms and Conditions relating to the use of UATP cards contained herein.
    7. 3.7 The Account Holder shall take all reasonable precautions to keep all UATP cards safe and secure and to prevent misuse of the UATP card Account. Air Niugini and other parties accepting UATP cards shall not be held responsible to enquire as to whether the holder of a UATP card has the authority to use the UATP card, except where the Account Holder has advised Air Niugini in writing of the loss of the UATP card and such written advice from the Account Holder has been acknowledged in writing by Air Niugini
    8. 3.8 Where a refund of charges incurred against a UATP card is permitted under the applicable tariffs, conditions of carriage or other terms and conditions applicable to the Services purchased, the refund will only be made to the UATP card Account upon surrender of any tickets or other documents issued for the relevant Services and will be subject to such charges for changes or cancellations as applicable to the Services purchased.
    9. 3.9 Requests to close a UATP card Account must be made in writing to Air Niugini with the surrender of all UAPT cards. Air Niugini shall terminate the UATP card Account within three (3) Business Days of receipt of such request.
  • 4. Termination

    1. 4.1 In the event that:
      • (i) the Account Holder or its employees, agents, servants or contractors breaches these Terms and Conditions; or
      • (ii) any UATP card Account or UATP card issued in connection therewith is not used in accordance with these Terms and Conditions; or
      • (iii) any payment guarantee required by Air Niugini lapses, expires, terminates or is not provided on request for any reason whatsoever; or
      • (iv) the Account Holder supplies any incorrect or misleading information to Air Niugini in connection with its UATP card application; or
      • (v) becomes the subject of bankruptcy proceedings, is placed in receivership or judicial administration, goes into liquidation or becomes subject to a similar legal process, ceases to carry on its business or takes any action for the purposes of preparing for or giving effect to any of the foregoing events;Air Niugini may, in addition to any other remedies available to it, suspend or terminate the UATP card Account and the validity of UATP cards issued in connection therewith, at any time and without notice.
    2. 4.2 Notwithstanding clause 4.1, Air Niugini may terminate the UATP card Account and the validity of UATP cards issued in connection therewith at any time, without prior notice and without giving a reason for doing so.
    3. 4.3 Upon termination of their validity (other than by expiry) all UATP cards shall be returned immediately by the Account Holder to Air Niugini and the Account Holder will be liable for all charges debited to the UATP card Account up to the date of termination in accordance with these Terms and Conditions and the outstanding balance of the UATP card Account shall become immediately due and payable.
  • 5. Amendments

    1. 5.1 Air Niugini may at its sole discretion alter, amend or vary any or all of the Terms and Conditions contained herein upon giving thirty (30) days notice of such alteration, amendment or variation. to the Account Holder. Notice of any alterations, amendments or variations may be given by such method as Air Niugini chooses including by notice sent to the Account Holder with the billing statement, or by publishing the changes on our website, www.airniugini.com.pg /uatp (“Website”). Without limiting the foregoing, by providing us with an electronic mailing address, you authorize us to send notice of any alterations, amendments, or variations to you using that electronic mailing address. Presentation of a UATP card following the expiry of such a notice will constitute acceptance of the alterations, amendments or variations of the Terms and Conditions specified therein. (Our Website has all the current Terms and Conditions and schedule of fees.)
  • 6. Miscellaneous

    1. 6.1 Upon notice to the Account Holder, Air Niugini may assign this agreement, or any of its rights or obligations, to a third party without the Account Holder’s prior approval. The Account Holder may not assign this Agreement without the prior written approval of Air Niugini.
    2. 6.2 If part or all of any clause in these Terms and Conditions is illegal, invalid or unenforceable, then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.
    3. 6.3 No failure, delay, relaxation or forbearance on the part of Air Niugini in exercising any power or right under these Terms and Conditions will operate as a waiver of such power or right nor will any single or partial exercise of any such power or right nor any single failure to do so, preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms and Conditions.
    4. 6.4 These Terms and Conditions shall be governed by and construed in accordance with the laws of Papua New Guinea. The parties submit to the exclusive jurisdiction of the Papua New Guinea courts in respect of all matters relating to this agreement.
  • 7. Definitions

    1. In these Terms and Conditions:
    2. "Account Holder" "You" and "Your" means the person or organization in whose name a UATP card Account is held for the use of UATP card and includes the Applicant.

      "Account Limit" means the maximum value of Services, including all fees and charges which the Account Holder, together with all UATP card Holders, may debit to the UATP card Account in any billing period as advised by Air Niugini.

      "Air Niugini", "We" and "Our" means Air Niugini Limited, the issuer of the UATP card.

      "Applicant" means the person or organization who makes or on whose behalf is made an application for a UATP card Account for use of a UATP card.
      "Business Day" means 8.00 am to 5 pm Monday to Friday in Papua New Guinea but excludes statutory and public holidays;

      "Corporate UATP card" means a UATP card issued by Air Niugini in the name of a company or other body corporate including a, joint venture, partnership, limited liability company, incorporated society, Government Departments, Statutory Authorities.

      “EMD” means Electronic Miscellaneous Document which  can be used for air travel and related services.

      "GST" means Goods and Services Tax charged in accordance with the provisions of the Goods and Services Tax Act 2003 together with any amendments or statute passed in substitution.

      "Late Payment Fee" means a fee levied against a UATP card Account which is overdue. The late payment fee applying at the date these Terms and Conditions were last updated is shown in the annexed schedule of fees.

      "Other Agreement" means any agreement other than that set out in these Terms and Conditions between, on the one hand, the Account Holder and, on the other hand, Air Niugini and/or its Related Companies.

      "Paper Statement Fee" means a fee charged by Air Niugini for paper account statement requests. The paper account statement fee applying at the date these Terms and Conditions were last updated is shown in the annexed schedule of fees.

      “Paper document fee” means a fee charged by Air Niugini for paper document requests. The paper documents fee applying on  the date these Terms and Conditions were last updated is shown in the annexed schedule of fees.

      "Personal UATP card" means a UATP card issued by Air Niugini in the name of a natural person who is an employee, director or other officer of the Account Holder at the written request of the Applicant or the Account Holder.

      "Related Company" means a related company of Air Niugini, as such term is defined in the Companies Act 1997. Related Companies has a corresponding meaning.

      "Services" means those travel and related services which an Account Holder may purchase on presentation of a valid UATP card as specified in clause 3.1 and amended from time to time by Air Niugini.

      Sponsor” Corporate entity who paid the initial deposit to Air Niugini to establish the UATP Individual prepaid account.

      "Terms and Conditions" means these terms and conditions, between Air Niugini Limited and each UATP card Holder, including all schedules.

      "UATP Account" means an account against which charges may be debited by presentation of a UATP card and which is required to be paid by the Account Holder pursuant to clause 2.3 hereof.

      "UATP card Holder" means the person or organization to whom Air Niugini  issues a Corporate or Personal UATP card at the written request of the Applicant or the Account Holder.

      "UATP Card" means a card issued to a subscriber as part of the program known as the Universal Air Travel Plan for the purpose of enabling the subscriber to purchase air and/or Rail transportation and related services on a debit, charge or Account basis.