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Conditions of Use of Web Site

Please read these Conditions of Use carefully before using the web site.

This Web Site is owned by Malindo Airways Sdn Bhd (doing business as Batik Air). By using this Web Site, you indicate your agreement to be bound by these Conditions of Use. If you do not agree to any part of these Conditions of Use, do not use this Web Site.

1. Restrictions on use of materials

  1. You may not reproduce, republish, upload, post, transmit, screen capture, screen scraping, link or distribute in any way any material from this Web Site without the prior written permission of Batik Air. You may, however, download one copy of the material on a single computer for your own personal domestic and/or non-commercial use only, provided you keep intact all accompanying copyright and other proprietary notices. Graphics and images on this Web Site are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their relevant owners. Modification of any of the materials or use of the materials for any other purpose will be a violation of Batik Air's copyright and other intellectual property rights and the copyright and intellectual property rights of the respective owners.
  2. Name Amendment is the alteration of the characters in the name column of the booking
  3. If you download any software from the Web Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Batik Air. Batik Air does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Batik Air retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer, disassemble or otherwise deal with the Software.
  4. You acknowledge and agree that all copyright, database rights, trademarks and all other intellectual property rights or other property rights relating to the Web Site, including but not limited to content, in whichever form, and lay out, shall remain at all times vested in us or their respective owner.
  5. This Web Site and the Products and Services, technology and processes contained may be the subject of other intellectual property rights owned by Batik Air or by third parties. No licence is granted in respect of such intellectual property rights other than as set out in this Conditions of Use. Your use of this Web Site must not in any way infringe the intellectual property rights of any party.
  6. For entry into the airport and for check-in, you must present your passport or Official Government issued photo identification card along with this E-Ticket.
  7. This E-Ticket does not constitute a document for carriage. In the event of any difference between it and the record of booking in the Batik Air reservation system, the latter shall prevail.
  8. Fares are subject to cancellation charges, if applicable. Please contact Batik Air Reservations and Ticketing for details.
  9. By booking this ticket/fare, you agree and accept all Batik Air Terms and Conditions, Flight Change/Flight Cancellation/Refund - Rules & Applicable Fees and the General Conditions of Carriage.

2. Use of Website

  1. You agree to use this Web Site in accordance with these Conditions of Use and for lawful and proper purposes. You agree to be responsible for all matters arising from your use of this Web Site. Further, you agree:
    1. Not to use this Web Site in any manner which breaches any applicable law or regulation or causes or which may cause an infringement of any third party rights;
    2. Not to post, transmit or disseminate any information on or via this Web Site which may be harmful, obscene, defamatory or illegal or create liability on Batik Air’s part;
    3. Not to interfere or attempt to interfere with the operation or functionality of this Web Site; and
    4. Not to obtain or attempt to obtain unauthorized access, via whatever means, to any of Batik Air’s systems.
    If Batik Air (in its sole discretion) believes that you are in breach, or will be in breach, of any of these Conditions of Use, Batik Air reserves its right to deny you access to this Web Site without giving you a reason and/or without further reference to you.
  2. You warrant that you have reached the age of majority and have capacity to enter into a legally binding contract in the territory in which you reside and that you will only use this Web Site to make legitimate purchases.
  3. You agree that we have the right to send you administrative and promotional emails. We may also send you information regarding your account activity and purchases, as well as updates about the Web Site, Products and Services, new products and/or services as well as any other promotional offers. You are able to opt-out of receiving our promotional e-mails or to unsubscribe such information at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.
  4. You may not assign or transfer any of your rights or obligations under these Conditions of Use, the specific Terms and Conditions or Privacy Statement.
  5. Batik Air does not guarantee it will take action against all breaches of the provisions of this Conditions of Use. The failure to act with respect to a breach by you or others does not amount to waiver of our right to act with respect to subsequent or similar breaches. This Conditions of Use set forth the entire understanding and agreement between you and Batik Air with respect to its subject matter.
  6. Batik Air may terminate your use of this Web Site or any of the Products and Services at any time for any reason or no reason, with or without notice. This Conditions of Use and the specific terms and conditions, if applicable, shall continue to govern all use of this Web Site and the particular Products and Service notwithstanding any termination, suspension, or cancellation.

3. No representation

  1. This Web Site has been compiled in good faith by Batik Air, but no representation is made or warranty given (either express or implied) as to the completeness or accuracy of the information it contains. You must always verify this information before you act upon it by calling your local Batik Air office, the relevant Batik Air partner or a travel agent (as applicable). You shall not rely on anything herein in connection with any investment decision.

4. Disclaimer

  1. The materials in this Web Site are provided "as-is" and without warranties of any kind either express or implied. To the fullest extent permissible and subject and pursuant to applicable law, Batik Air disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose. Batik Air does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected or that this Web Site or this server that makes it available is free of any virus or other harmful elements. Batik Air does not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of the materials in this Web Site or the results of their use.

5. Limitation of liability

  1. Subject to applicable law, under no circumstances, including negligence, will Batik Air be liable for any direct, indirect, punitive, exemplary, special or consequential damages that result from the access to, use of, or the inability to use, the materials in this Web Site, even if Batik Air or any authorised representative has been advised of the possibility of such damages. Batik Air is also not liable nor responsible for any material provided by third parties with their own respective copyright and shall not under any circumstances, be liable for any loss, damages or injury arising from these materials. The total liability (if any) of Batik Air for all damages, losses, costs and expenses under whatever causes of action, whether in contract, tort or otherwise will not exceed any amount paid by you for accessing this Web Site.
  2. The information contained in this Web Site is for informational purposes only and is provided to you on an “as-is” basis. We do not guarantee the accuracy, timeliness, reliability, authenticity of completeness of any of the information contained on this Web Site. We are not liable for any information or services which may appear on any linked Web Sites.

6. Limitation of liability

  1. The Web Site may be updated by Batik Air from time to time without any prior notice.

7. Suggestions, comments and feedback

  1. If you respond to a Batik Air published document with information including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such Batik Air document, such information will be deemed to be non-confidential and Batik Air will have no obligation whatsoever with respect to such information and may reproduce, use, disclose and distribute the information to others without limitation.

8. Links to other sites

  1. This Web Site contains links to other Web Sites which are not maintained by Batik Air. Similarly, other web sites may contain links to this Web Site. Batik Air is not responsible for the contents of those web sites and shall not be liable for any loss, damages or injury arising from the access to and use of contents of those web sites. Any links to other web sites are provided as a convenience to you as a user of this Web Site, and does not imply the endorsement of Batik Air of the linked web sites or association with their operators. Batik Air disclaims all responsibility and liability for the use of linked web sites, which you access and use at your own risk.
  2. Through the Web Site, we make available for sale a wide variety of products and services related to travel, lifestyle, daily essentials, healthcare as well as financial services (collectively known as “Products and Services''). Should you wish to purchase these Products and Services, you may be directed to another External Site (hereunder defined) which may contain its own respective Conditions of Use. If you wish to continue with the purchase of the Product and Service, you agree to be additionally bound by the specific Conditions of Use applicable to the particular Product and Service.
  3. In the event of conflict between this Conditions of Use and specific Conditions of Use, the latter shall prevail. We reserve the right to amend, modify, add, delete and make corrections to this Conditions of Use at any time and would advise you to review these Conditions of Use and any specific Conditions of Use periodically to be aware of such modifications.

9. Applicable law and jurisdiction

  1. The law applicable to these Conditions of Use of Web Site is the law of Malaysia and the courts of Malaysia will have exclusive jurisdiction in case of any dispute.

10. General Conditions of Carriage

  1. These Conditions of Use refer only to your use of this Web Site. Other and separate conditions apply to carriage of passengers, baggage and cargo by air, or any promotion which Batik Air may run from time to time. If you travel on a flight operated by Batik Air, the General Conditions of Carriage and the relevant Terms and Conditions apply to the carriage of passengers, baggage and cargo by air.
  2. Batik Air’s liability and its code share partners’ for loss, damage or delay to your baggage is limited by Montreal Convention and Warsaw Convention, and/or such other applicable law or regulation.

11. Data Protection

  1. Please also see Batik Air’s Privacy Policy at www.malindoair.com/privacy-policy regarding information you supply when you use this Web Site which is subject to Section 12 below in so far as Internet Check-In and other Flight-related Internet Transactions are concerned

12. Internet check-in and other flight-related internet transaction

  1. Batik Air permits passengers who are travelling together in the same Passenger Name Record (PNR) to utilise our Internet Check-In facility to check-in together and for each other. Batik Air has introduced this enhancement in our Internet Check-In facility to provide a seamless check-in procedure for the benefit of our passengers who are travelling together. The Confidential Information reflected in your PNR (which you have provided to us and the other passengers in the same PNR) will be automatically pre-populated in the Internet Check-In electronic processes as soon as you or one of the passengers in this PNR elects to check in for the other passengers in the same PNR including yourself. Only essential Confidential Information necessary for the purposes of facilitating check-in will be pre-populated as part of the Internet Check-In electronic processes.
  2. Batik Air may introduce other Flight-related Internet Transactions to which this Section may apply and assures that only essential Confidential Information relevant to the particular Flight-related Internet Transaction will be pre-populated. For the avoidance of doubt, Batik Air shall not be liable to you for any losses, damages and costs (whether direct, indirect or consequential) which you may suffer or incur in the event that the above Internet Check-In facility and/or other Flight-related Internet Transactions are abused by other passengers travelling together with you in the same PNR and/or that they have checked-in or transacted on your behalf without being duly authorised by you.

13. General Terms

  1. Entire Agreement - The Terms and Conditions, the Conditions of Use and the Privacy Policy constitute the sole record of the agreement between you and the Company in relation to your use of the Web Site. Neither you nor the Company shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Web Site terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Company in respect of your use of the Web Site.
  2. Waiver - No indulgence or extension of time which either you or the Company may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
  3. Cession - The Company shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third-party.
  4. Severability - Headings are for reference purposes only and do not limit the scope or extent of such section. All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.