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Terms and Conditions

Travel Agency Registration Terms & Conditions

Travel Agency Main Agreement

  • Part A – How this Agreement works, and who it applies to

  • Part B – Defined terms

  • Part C – General provisions, financial arrangements and payment terms

  • Part D – Specific provisions for Non-BSP Sales

  • Part F – API terms of use

  • Part G – Specific provisions for API and GDS

  • Part H – Privacy acknowledgement

Part A – How this Agreement works, and who it applies to

  1. Sales. This Agreement governs the way in which you are authorised to sell flights and associated services of Tiger Airways Australia Pty Ltd (Tigerair Australia), and any other airline notified to you by Tigerair Australia.

  2. Remuneration. This Agreement also governs the way in which remuneration may be paid to you, under the Terms of the Travel Agency Main Agreement or if Tiger Australia enters into an Agency Agreement with you.

  3. When it starts. This Agreement applies to you as soon as you do any one of the following:

a. Apply for a Tigerair Australia Code or use an existing Code;
b. Book Tigerair Australia Domestic Product or Tigerair Australia International Product; or;
c. Otherwise hold yourself out as being willing or able to sell Tigerair Australia Domestic Product or Tigerair Australia International Product.

  1. When it ends.

a. Otherwise hold yourself out as being willing or able to sell Tigerair Australia Domestic Product or Tigerair Australia International Product.
b. We may terminate this Agreement immediately by notice in writing to you in the event of a Default Event.
c. This Agreement may be terminated by us without notice to you when there is inactivity over an extended period of time.

  1. When it changes.


a. We may amend:

i. the Agreement; and
ii. the Eligible Fares on which remuneration is payable,

by giving not less than thirty (30) days written notice to you, either in writing or by electronic communication or by way of a trade release.

Part B – Defined terms

Agency Agreement

means the document, letter or arrangement we have agreed with you or your head office setting out the commercial terms of the Agreement, whichever we advise you is applicable to your Agreement with us.

Agent

means a registered travel agent making bookings for Customers with Tigerair Australia.

Agreement

means this agreement and consists of any Agency Agreement, the Travel Agency Main Agreement and each of the Schedules.

Airline

means Tigerair Australia and any other airline notified to you by Tigerair Australia.

Ancillary Services

refers to services offered by the Airlines other than carriage by air which are sold as part of the travel experience.

API

means Application Programming Interface, and is an interface to the Airlines’ reservation system.

API Developer’s Guide

means the document which sets out the services available within the API as provided by Tigerair

API Licence and Terms of Use

means your agreement with us for access to the API, and the applicable terms and conditions.

Bank Guarantee

means an irrevocable undertaking in favour of us issued by a trading bank licensed to carry out business in Australia to pay an amount of money to us on demand and in a form and containing provisions acceptable to us.

Base Commission

means the commission percentage (if applicable) attributed to an Agent on the Base Fare at time of ticketing. The rates are set by Tiger Australia at our absolute discretion and notified to you from time to time.

Base Fare

means an Airline’s fare exclusive of Taxes, and GST.

Business Day

means a day which is not a Saturday, Sunday or public holiday in Melbourne, Australia; and if anything required to be done pursuant to this Agreement is due on a day which is not a Business Day, then it shall be sufficient if the thing is done on the next Business Day.

Commercial Electronic Message

has the meaning given to it in the Spam Act 2003 (Cth).

Conditions of Carriage

means the conditions of carriage of the Airline applicable to a booking you make pursuant to this Agreement. The Conditions of Carriage are located on our Website at: https://tigerair.com.au/tigerair-info/conditions-of-carriage

Conference Group

is defined as 10 or more passengers travelling together from the same departure port or 20 Passengers departing from different ports to the same destination for the same Purpose. The purpose will be to attend a meeting, incentive, conference or other event for business purposes. This excludes events where the Passenger is responsible for their own travel costs.

Contact Details

means the following Customer contact details:

  • Full name;

  • Residential address;

  • Phone number; and

  • Email address, if applicable.

Conversion Rate

means the exchange rates issued by IATA, or in-house exchange rates as we elect.

Default Event

means:
(a) in respect of you, an event of bankruptcy or insolvency or an assignment for the benefit of creditors or in the event of appointment of a receiver, receiver and manager, provisional liquidator, liquidator or official manager;

(b) failure to pay any amount due to us including any Payment Default;
(c) failure to comply with Part C, clause 8 of this Agreement;
(d) failure to comply with Part C, clause 28.c of this Agreement;
(e) material breach by you of any term of this Agreement; or
(f) we can recover all fees, charges, and all recovery, enforcement and collection costs in addition to outstanding amount due to us.

Dry Selling

refers to selling Wholesale Fares without packaging them with land arrangements.

Eligible Fares

Face-to-Face Transaction

means an Agent making a sale by a card against a member’s or Airline’s merchant agreement when the card and the cardholder are simultaneously present at the time of the transaction.

Fare Rules

means the conditions surrounding particular fare types, including details of the relevant cancellation policy or the minimum amount of time before departure in which changes can be made of which you are notified at the time of booking. The fare rules can also be found on our Website at: https://tigerair.com.au/tigerair-info/fare-conditions.

Government Agency

means any government or any governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity.

Group

is defined as ten or more Customers who are travelling together on the same flight with the same itinerary.

GST

means ‘goods and services tax’ and refers to any form of goods and services, consumption or value added tax.

GST Law

means the GST legislation (including subordinate legislation) and rulings in force in the jurisdiction in which GST is payable in relation to supplies connected with this Agreement.

Guarantee

means an irrevocable undertaking in favour of us to pay an amount of money to us on demand and in a form and containing provisions acceptable to us.

Customer

means a person for whom you the Agent makes a booking with an Airline.

Customer Contact Centre

means our call centre. Contact details for the Customer Contact Centre are published on our Website.

IATA

means the International Air Transport Association.

IATA Plates

means unique agent ticketing numbers issued to you by IATA to allow you to issue tickets.

IATA Rules

means the Passenger Agency Conference Resolutions Manual and all associated resolutions, rules and practice directions made by IATA in relation to the sale of airline fares by Agents.

Include

the word “include” (and all of its grammatical forms) has the meaning as if followed by the words “without limitation”.

Income Tax

means any Tax of general application imposed on net income or taxable income.

International Agent

means an international travel agent that carries out its business in a country other than Australia or New Zealand.

Look to Book Ratio

means the ratio comparing the number of actual bookings made by the Agent with the number of inquiries made by the Agent.

Month

means calendar month.

Nominated IATA Plates

means the IATA Plates listed in any Agency Agreement.

Non-Face-to-Face Transaction

means a signature-on-file transaction, and/or any other form of card sale in which a card and cardholder are not simultaneously present at the time of the transaction.

Payment Default

has the meaning given in Part D, clause 6.f.vii of the Travel Agency Main Agreement.

Performance Based Incentive

means any additional remuneration we may pay you if you have entered into an Agency Agreement with us. Payment of Performance Based Incentives will be in accordance with the provisions of your Agency Agreement.

PNR

means a Passenger Name Record generated by our reservation system.

Privacy Policy

means the privacy policy of Tigerair Australia as found on our Website at:
https://tigerair.com.au/legal/privacy-policy

Provider

means the technology provider who provides you with access to the API booking channel (if applicable).

RCTI

has the same meaning as given to the term “Recipient Created Tax Invoice” in section 195-1 of the GST Law in Australia.

Relevant Jurisdiction

the Agreement is governed by the laws in force in Queensland, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

Revenue

means the dollar value attributable to the Base Fare component of Eligible Fares sold by an Agent for travel on an Airline.

Sales Rules

means the policies and rules published by Tigerair Australia from time to time, through general trade releases or as communicated to you by the Tigerair Australia helpdesk, which relate to your sale of Tigerair Australia Domestic Product or Tigerair Australia International Product.

SSR

means the code used to indicate Customers with Special Service Requests, as set out on our Website.

Tax

means any tax, withholding, levy, royalty, rate, duty, fee, impost or other charge however described imposed, levied or charged by any Government Agency or other body authorised by law whether in Australia or elsewhere, including any fee and any penalty or interest however described.

Term of Agreement

means:
(a) the period referred to in the Agency Agreement; or

(b) if you have not entered into an Agency Agreement with us, this Agreement will continue in force until withdrawn or terminated.

Ticket Taxes

means any Government and airport related taxes, fees, levies, service fees, charges and surcharges (including without limitation insurance surcharges, fuel surcharges, fare surcharges, YQ/YR charges ) and any other taxes, fees, levies, charges and surcharges imposed on air travel or the method of payment.

Tigerair Australia Code

means the unique code which we give you to identify your Sales of Tigerair Australia.

Tigerair Australia Domestic Product

means the airfares offered by Tigerair Australia.

Tigerair Australia International Product

means the airfares offered by an Airline nominated by Tigerair Australia for this purpose.

we, us, Tigerair Australia

means:
Tiger Airways Australia Pty Ltd.

Website

means:
https://tigerair.com.au/

Wholesale Fares

refers to fares that must be sold as part of a package including land arrangements.

you

means the company or person entering into this Agreement with us.

Part C – General provisions, financial arrangements and payment terms

  1. For the Term of this Agreement, we authorise you to sell Tigerair Australia Domestic Product and Tigerair Australia International Product, and provided that you comply at all times with this Agreement, we agree to accept bookings made by you.

  2. We may vary or change:

a. the frequency of issuing invoices (provided an invoice is issued by us at least once a month or in the case of an International Agent at least once a quarter); and

b. the frequency of direct deposits or direct debits (if we agree to do so and provided we debit your account at least once a month or in the case of an International Agent quarterly if the minimum threshold of AUD$500 (or equivalent) is reached as per Part D, clause 5.f i).

  1. In selling our flights and/or other associated services (for the avoidance of doubt including Wholesale Fares) to Customers you do so as our agent. Other than as expressly set out in this Agreement, you have no other express, implied or apparent authority to create or assume in an Airline’s name any obligation, or to act or purport to act as the Airline’s agent.

  2. The parties acknowledge and agree that nothing in this Agreement implies a partnership or a joint venture arrangement between them.

  3. We may at our sole discretion vary the method of accepting bookings and the terms of any credit facility offered to you.

  4. If you are required by law, any regulatory authority or an industry body, of the country where you are trading in to hold a travel agency licence or membership, then you must maintain a current licence or membership for the Term of this Agreement. You agree to notify us immediately if such licence or membership is revoked, cancelled or not renewed.

  5. For all new Australian travel agency account applications, you must maintain a current IATA or ATAS accreditation.

  6. You:

a. indemnify us from all obligations, liability, loss, claims, demands, and proceedings and all damage, costs, expenses of any kind (“Claims”) arising from or in connection with any negligence, act or omission or breach of Agreement, on your part or any of your customers relating to:

i. this Agreement; or
ii. any booking made by you;

b. agree that, where any Customer or other person:

i. makes a Claim on an Airline; or
ii.notifies an Airline of a Claim or potential Claim, arising from or in connection with any negligence, act or omission or breach of Agreement, on your part or any of your customers, unless notified by the Airline that it will manage the Claim or potential Claim, you shall be responsible for:
iii. managing the Claim or potential Claim; and
iv. as appropriate or as directed by the Airline, settling the Claim at your cost without recourse to compensation or reimbursement from the Airline;

c. effect and maintain, at your own cost and at least for the life of this Agreement, insurance sufficient to meet requirements set out in this clause. This cover shall, at minimum, include Public and Products Liability Insurance and Professional Indemnity Insurance (also known as “Errors and Omissions” insurance). You shall provide, upon request copies of certificates of currency evidencing same;

d. are solely responsible for any publicity or promotional costs related to this Agreement unless otherwise agreed in writing by us;

e. must obtain our prior written consent to the use of any of the Airlines’ name, logo, trademarks (registered or unregistered or any other Airline intellectual property (“Airline Marks”) in any promotional or advertising material whatsoever, including any promotions, links or information which may appear or be displayed on your website;

f. must provide each Customer booking flights with the relevant terms and conditions (“Booking Terms”) for the booking as issued by us from time to time including:

ii. any particular conditions relating to the class of fare (including details of SSR fees);

iii. any restrictions, penalties or cancellation provisions; or

iv. any policies related to the Booking (including our medical clearance guidelines, baggage policy or check in policy).
before making any booking or as soon as practicable after making the booking, and at any time a Customer changes or cancels their flight. We reserve the right to amend the Booking Terms at any time without notice. You acknowledge and agree that it is your responsibility to ensure that the latest version of these terms and conditions is presented to Customers during the booking process.

g. must use best endeavours to obtain accurate Contact Details from the Customer booking flights. In the event that you do not provide us with the Customer’s Contact Details:

i. the Airline will notify you of any changes or cancellations to the Customer’s scheduled flights, and you must pass details of those changes or cancellations on to the Customer;
ii. if the booking is cancelled and a credit is issued, you must pass on the benefit of the credit to the Customer when the Customers ’ form of payment has been directly passed to the Airline;

h. must, if requested to do so by us, accurately collect any additional information for Tigerair Australia bookings as the Airline may reasonably require;

i. must, for any booking made by you as an Agent and paid for by use of the Customer’s credit card through our merchant facility, adhere to Part D, clause 4, or Part E. If the Airline is required to refund any amount, or is charged any fees, as a result of you not adhering to Part D, clause 4, or Part E, or incorrect entry of credit card details, the amount becomes a debt immediately payable to us and we may (without limiting any other remedies available to us) deduct this amount from any payments due to you;

j. must comply with all laws and regulations relating to or connected in any way to the provision of travel services including discrimination and work place health & safety legislation;

k. must not disclose:

ii. personal details of any Customer;

iii. details of your agreement with us and any related discussions or information provided to you by us; or

iv. any other information of a confidential nature or designated as confidential by us to any person,

unless:

v. required by law to do so;

vi. with our prior written consent, or

vii. the information is already in the public domain other than as a result of a breach of this Agreement by you.


Details of a specific booking may only be disclosed to persons in possession of the Passenger Name Record (PNR) and password (if applicable) for that booking;

m. warrant that all corporate information, including account details, given to us is correct, and undertake to notify us in writing within 2 Business Days of any changes to the information;
n. agree that any:

ii. foreign exchange conversions for amounts paid or payable will be determined using the Conversion Rate or any other methodology or tool of which we notify you in writing;

p. authorise us to provide your agency contact details to our duly appointed third parties in order to establish payment gateways and system linkages for the sale of airlines operated by us and our related bodies corporate.

q. must ensure that usage of our site and all relevant documentation including logins and passwords are kept secure and accessed only by authorised employee.

  1. In addition to any other rights available under this Agreement, BSP or otherwise, we reserve the right to recover Base Commission paid on:

ii. duplicate bookings or passive segments; or
iii. bookings which we, acting reasonably, determine are an abuse of the booking or remuneration process by way of the applicable settlement process.

  1. Unless an Agency Agreement has been agreed with you or your head office, we will not be required to pay any Base Commission or Performance Based Incentive to you.

  2. It is agreed that any Base Commission, Performance Based Incentive and any other consideration provided for supplies under this Agreement (including any Agency Agreement we have agreed with you) (“Consideration”) excludes GST. If GST is imposed on a supply made pursuant to this Agreement, the recipient of that supply must, in addition to the Consideration and at the same time, pay to the supplier an amount equal to the GST in respect of that Consideration.

  3. You shall indemnify and reimburse us for the amount of the liability for any Tax (excluding Income Tax) in respect of us entering into and undertaking transactions contemplated or attributable to this Agreement.

  4. We will be entitled to deduct any amount that is required to be withheld under any law from any Consideration payable to you by us. We may deduct or withhold from payments to you withholdings of Tax that are required by law without increasing or grossing up payments.

  5. We may withhold an amount of tax (at the date of this Agreement being 49%) from any payment we make to you for a supply, unless you provide us with an invoice or other document relating to the supply that quotes your Australian Business Number (“ABN”) or you provide us with a written statement in a form approved by the Australian Taxation Office as to the reason for not quoting an ABN.

  6. The parties hereby agree that, in accordance with and where permitted under the provisions of the GST Law, in relation to all supplies made by you pursuant to this Agreement in relation to which Base Commission or Performance Based Incentives are payable by us, we shall issue RCTIs and (where relevant) adjustment notes. Accordingly, where the RCTI is to be issued:

a. you:

i. warrant to us that you are registered for GST under the GST Law and will notify us if you cease to be registered or if you fail to meet any of any applicable requirements of the GST Law in relation to RCTIs; and
ii. will not issue a tax invoices in relation to that supply:

b. we:

i. confirm that we are registered for GST under the GST Law at the time of entering into this Agreement and undertake to notify you if we cease to be registered or if we fail to meet any of the applicable requirements of the GST Law in relation to RCTIs; and
ii. will not issue a document that would otherwise by a RCTI, on or after the date when we first become aware that (A) we do not comply with the requirements of the GST Law in relation to RCTIs; or (B) you do not comply with the requirement of the GST Law in relation to RCTIs; or (C) either party is not registered for GST; and
iii. must issue the original or a copy of the RCTI to you within 28 days of the making , or determining the value, of the taxable supply and must retain the original or a copy; and
iv. must issue the original or a copy of the adjustment note to you within 28 days of the adjustment and must retain the original or a copy; and
v. must ensure that the RCTI shows your ABN as provided by you to us.

  1. Subject to clause 17 above, in respect of any other supply made pursuant to this Agreement upon which GST is imposed, you must do all things necessary (including, without limitation, issuing a valid tax invoice) to enable us to obtain any input tax credit (or similar credit) allowed for under the GST Law.

  2. You must comply with our reasonable directions in relation to issuing tax invoices to Customers and/or your clients in your capacity as our agent for GST purposes. In respect of any and all airfares booked, you will be responsible for issuing tax invoices and adjustment notes to the Customer and/or client. For the avoidance of doubt this includes Wholesale Fares. You indemnify us against any costs (including fines or penalties), loss or expenses incurred by us as a result of your failure, whether unintentional or not, to issue tax invoices and adjustment notes as required by this clause.

  3. To address the payment of GST and Ticket Taxes on sale of airfares, then:

a.
we will directly debit your AU or NZ bank account, or you will remit that amount to us if a non-AU or NZ account is held, less any Base Commission owing to you that can be deducted at source.

You indemnify us against any costs (including fines and penalties), loss and expenses incurred by us as a result of your failure, whether unintentional or not, to calculate and to remit to us the correct amount of GST and Ticket Taxes pursuant to this clause.

  1. In relation to airfares booked by your Customers and/or clients in relation to the transport of a passenger by the Airline on a route within Australia, you acknowledge that in certain circumstances the airfare will be GST-free for purposes of Australian GST Law. You undertake to establish procedures to ensure that the requirements under the law for such GST-free treatment are considered and, where relevant, satisfied. In such circumstances you will retain all evidence required to substantiate the GST-free treatment and will provide such documentation to Tigerair Australia on request. You undertake to only make GST-free bookings for air travel within Australia where the requirements for Australian GST-free treatment are satisfied. If the requirements are not satisfied, you must sell a GST-inclusive fare. You will indemnify Tigerair Australia for any such GST liability (together with any interest, fine, penalty, expenses, losses or damages imposed or incurred in connection therewith), which arises as a result of a breach of your representations and undertakings under this clause. You agree to co-operate with us in relation to any audit or enquiry from the Australian Taxation Office in relation to the GST treatment of any airfares booked by your Customers and/or clients.

  2. For the purpose of calculating Base Commission and Performance Based Incentives, the relevant sales Revenue and any other specified targets are the amounts exclusive of any applicable GST and Ticket Taxes. For the avoidance of doubt, Base Commission and Performance Based Incentives are not payable on any GST or Ticket Taxes referable to the relevant sales.

  3. You acknowledge and agree that the party contracting with you under this Agreement is Tigerair Australia but the party to each individual contract of carriage will be determined each time a booking is made and will be the Airline. The liability of each Airline is several and limited to the relevant booking.

  4. If you are an Agent, you must provide to us or our nominees, data about Customers you book on the Airlines (“Booking Data”) if we ask you to do so. In particular, if your client authorises you to provide Booking Data to third parties, you must do so. You must ensure that you obtain the necessary consent and approval from your client to enable you to provide Booking Data to us and to our nominees.

  5. You must comply with all relevant privacy legislation. You confirm you are aware of and have read the Privacy Policy on our Website.

  6. You must, within one month of receiving written notification from us, implement any required changes to your sales channels (including requiring any third parties who provide services to you in relation to those sales channels – like online booking tools – to make equivalent amendments):
    a. to ensure that each of those sales channels is able to charge Customers SSR fees (including fees in relation to checked baggage); and
    b. to allow those Customers to elect whether or not to pay SSR fees as an integral part of the usual booking process for those sales channels, and in the manner required by us in the developer documentation we provide to you.

  7. You must ensure that you amend all associated business processes (such as the itineraries you provide to Customers ) to disclose this new functionality, and you must ensure that you pass through to Customers any new disclosure material provided by Tigerair Australia (such as new Booking Terms).

  8. If you sell airfares through your website, you agree to add new Tigerair Australia Domestic Product and new Tigerair Australia International Product and related Ancillary Services to your website in accordance with the following timeframes.

a. new / sale fare – within two hours from when it is available on our Website (when no API change is required);

b. new fare type – within two days from when it is available on our Website (when no API change is required);

c. new ports (within existing region) – within one week from when it is available on our Website (when no API change is required); and

d. all other changes – within thirty (30) days from when it is available on our Website.

  1. If we provide you access to Wholesale Fares, you will.
    a. ensure all Wholesale Fares that we offer are packaged with land arrangements booked through you for a minimum of two nights or for the entire duration of the trip if travel is shorter than two nights;

b. not use Wholesale Fares for Group and/or Conference bookings;

c. agree not to engage in Dry Selling of Wholesale Fares. We reserve the right to terminate this Agreement immediately, without notice, should you engage in Dry Selling; and

d. acknowledge and agree that Wholesale Fares are subject to terms and conditions and are confidential.

  1. You consent to receiving Commercial Electronic Messages from the Airlines containing marketing and promotional material and you agree the Airlines do not need to include an unsubscribe facility in any message sent to you.

  2. This Agreement is governed by the Relevant Jurisdiction.

  3. All capitalised terms within your Agency Agreement are to be interpreted in accordance with the definitions set out in the Travel Agency Main Agreement, unless otherwise expressly defined in the Agency Agreement.

Part D – Specific provisions for Non-BSP Sales

  1. Booking rules

a. We will give you a unique Tigerair Australia Code, which will enable you to book through our booking system (“Website Agents Facility”) or the booking channels we have agreed with you.

b. You must maintain adequate security of the Code and keep the Code confidential. You warrant and accept that all bookings made by using the Code are to your account, and in no circumstances will we accept any responsibility, including any payment obligations, in relation to those bookings.

c. Prior to issuing the Code or at any time after issue, we may request whatever information we reasonably require from you to issue you with your Tigerair Australia Code. You shall provide us with all information requested by us promptly upon receipt of the request.

d. Upon receipt of the Code and until the expiry or earlier termination of this Agreement, you have authority to make bookings on behalf of your Customers through the agreed booking channels.

e. You agree that you are responsible for all bookings made using the Code and shall indemnify us in respect of any misuse of the Code resulting in any loss or damage sustained by, or Claims against us.

f. In addition to any other rights we may have at law, we may suspend your Tigerair Australia Code access to the agreed booking channels immediately in the event of a breach of this Agreement by you (including Payment Default).



  1. Financial rules

a. Ticket sales of a Non-Face-to-Face Transaction shall be undertaken under the sole responsibility and liability of the Agent;

i. In the event of a disputed transaction and its subsequent rejection by the card company, we shall chargeback the loss to you.
ii. Failure by you to settle any chargeback resulting from a Non-Face-to-Face Transaction may result in termination of this Agreement as per Part A, clause 6.b.
iii. You recognise that receipt of an approval code from the card company does not guarantee the transaction and that any such approval code or other authorisation code does not (and shall not be deemed to) guarantee that the charge will go undisputed. In the case of a rejected transaction, a chargeback shall be made by us.
iv. We will make all reasonable efforts to ensure that only valid chargebacks are transacted, and must provide all reasonable documentation in support of them.

b. For Face-to-Face Transactions, you shall not be held liable for chargeback provided the following procedures have been adhered to.

i. You must capture the card details (card number, cardholder name, expiry date, and where applicable, effective date) by use of a card imprinter, or electronic card reader (card swipe).
ii. You must obtain authorisation for each transaction from the card company.
iii. You must verify the expiry date, and where appropriate, the effective date of the card.
iv. Signature of the card holder must be witnessed by you and matched against the signature on the reverse of the card.

c. Records;

i. To demonstrate your adherence to the procedures contained in clause 4.b, you must retain all supporting documentation relating to the card transaction for a minimum of thirteen (13) months. As the principal to the merchant agreement, we are the rightful owner of all such supporting documentation.
ii. In the event of material changes to your status as an Agent including without limitation, the ceasing of operation, there is a continuing obligation for you to ensure supporting documentation is retained and can be made available to us when required.
iii. If we receive a notice of dispute relating to a transaction by the card company, we will notify you within 7 days and request appropriate supporting documentation and information. You must promptly comply with such request within 7 days.

  1. Financial rules – Credit card only accounts

a. If you are not an approved account customer or you are paying at the time of booking by way of credit card, you must pay us the total amount payable in respect of each booking by way of your credit card or your customer’s credit card immediately upon making the booking. Cheque payments will not be accepted.


Part F – API terms of use

  1. Licence and Use of the API. You will be required to enter into a non-disclosure agreement before we can provide you with access to the API.

  2. If you are using the API to access fares and make bookings, you must not:

a. use the API other than in accordance with your API Licence and Terms of Use and the terms of this Agreement;
b. use the API for any unlawful purpose;
c. make any fraudulent or false enquiries, bookings, reservations or requests using the API;
d. use the API while impersonating another person;
e. tamper with, hinder the operation of or make unauthorised modifications to the API;
f. knowingly transmit any virus or other disabling feature to the API;
g. breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in any jurisdiction in using this API; or
h. knowingly permit another person to do any of the above acts.

  1. You must only use the API for the purpose of booking Airline flights either directly or on behalf of third parties.

  2. You must only use the API for the purpose of booking Airline flights on behalf of third parties.

  3. Customer information and Privacy. You agree to advise all Customers that our Privacy Policy applies to the collection and use of information by us, and is located on our Website.

  4. Fare Rules

a. You agree to include a notice on all Customers ’ itineraries advising the Customer that the information collected by you will be sent to us in order to process the booking.

b. You acknowledge that the Airlines may have multiple fare classes available for purchase, and that each fare class has its own price point and associated Fare Rules.

c. You agree to ensure all Fare Rules are displayed in full as they appear in our reservations system when making a booking or changing or cancelling a flight. You must not amend the Fare Rules in any way.

d. As at the date of this Agreement, the Airlines offer a number of fare classes for sale

e. You acknowledge that not all fare classes are available for all Airline flights. We shall have no liability in the event that you offer the Customer a particular fare class and that fare is subsequently unavailable.

f. You acknowledge that the fare classes and Fare Rules are subject to change without notice, and that it is your responsibility to ensure that the latest version of the applicable Fare Rules is acknowledged and accepted by all Customers during the booking process.

  1. Pricing

a. You acknowledge that all fares displayed on our reservations system are subject to availability, and are subject to change at any time without notice.

b. We agree that you may charge a reasonable service fee in addition to the fare. You acknowledge and agree that no other fees may be added to the cost of the fare. Any service fee which you add to the fare must be clearly identified as such to the Customer.

c. You must, upon 7 days’ notice during normal business hours or as otherwise agreed, permit and provide persons (“Auditors”) nominated by us supervised access to your and your contractors premises, books, records, documents, computer systems, equipment and other property relevant to the performance of this Agreement to verify compliance with your obligations under this clause and this Agreement.

  1. Fare Price Currencies

    You agree and acknowledge that all fares must be paid for in the same currency as the point of sale of your API account which is the same as the currency of your Agency account, unless we specify otherwise. You must not accept payment for fares in anything other than the currency of the point of sale, unless we specify another currency.

  2. Itinerary

a. Without limiting your obligations under this Agreement, you agree to issue each Customer an itinerary which contains the same information as that contained on an itinerary issued by the Airline, which you receive through the API. We reserve the right to change this information at any time without notice. You acknowledge and agree that it is your responsibility to ensure that the details appearing on the Customer’s itinerary are current as at the date you issue the itinerary to the Customer.

b. You must not alter the text appearing on the Customer’s itinerary, but may add additional relevant information to the itinerary, including your name, logo and contact details.

c. The itinerary which you issue under clause 8a must contain either:

i. our ABN or GST number as the supplier, without your ABN or GST number; or
ii. your ABN or GST number as the issuer, without our ABN or GST number.

  1. SSRs

a. You agree that only bookings for the SSR Codes set out in the API Developers Guide may be made through the API, and that all other SSR bookings must be made through the Customer Contact Centre.

b. You agree to advise all Customers that SSR bookings must be made through the Customer Contact Centre.

c. You agree to tell all Customers about the SSR codes and the conditions of travel attached to those SSR codes (which are displayed at the bottom of the flight selection page on our Website) to all Customers during the booking process. If a Customer makes a booking with an SSR code, you must ensure that the relevant information attaching to that SSR code appears on the Customer’s itinerary.

d. If you are not certain whether a Customer should travel under an SSR code, or are making a booking for a Customer who refuses to travel under an SSR code but who you, acting reasonably, believe should be booked under an SSR code, you must call the Customer Contact Centre to make the booking or clarify the Customer’s circumstances.

e. The Airlines accept no liability in situations where travel is denied because a Customer was not booked under a SSR code in circumstances where you, acting reasonably, should have booked them under that code or called the Customer Contact Centre.

f. We reserve the right to change the Airlines’ SSR codes at any time without prior notice. You agree to ensure your version of the SSR codes and text is kept up to date at all times.

  1. Passenger Types

a. You must tell all Customers , and must use all reasonable endeavours to ensure that adult fares are booked for persons 12 years of age or older (as at the date of flying), child fares are booked for persons 2 – 11 years of age (inclusive) (as at the date of flying), and infant fares are booked for persons less than 2 years of age (as at the date of flying). You must advise Customers that infants must travel with a parent or guardian who is at least 15 years of age, and cannot purchase a seat.

b. If a child turns 12 years of age after the forward journey but before the return journey, the flights need to be booked as two one way trips indicating the correct age as at the time of actual travel. In this case, the forward journey would be booked as a child and the return journey would be booked as an adult.

c. If a child turns 2 years of age after the forward journey but before the return journey, the flights need to be booked as two one way trips indicating the correct age as at the time of actual travel. In this case, the forward journey would be booked as an infant and the return journey would be booked as a child.

d. You agree to explain to Customers the age restrictions for child, adult and infant fares.

  1. System Upgrades and Modifications

a. You acknowledge that we and the Provider will need to perform maintenance and upgrades on the API from time to time.

b. You acknowledge that it is the Provider’s responsibility to notify you of scheduled outages.

c. You acknowledge and agree that in unforeseen circumstances the API will not be functional. We accept no liability whatsoever for any loss caused by API outages.

d. We reserve the right to enhance, modify or change the API at any time.

  1. Intellectual Property

a. You acknowledge that the API, our Website and our booking reservations system (“Tigerair Australia Intellectual Property”) are owned or operated by Tigerair Australia.

b. You acknowledge that you will not acquire any intellectual property rights in Tigerair Australia Intellectual Property.

c. You agree not to use, copy, modify, transmit, store, publish, distribute or reverse engineer any material on the Tigerair Australia Intellectual Property.

  1. Book and Hold Feature

a. Tigerair Australia is offering to Providers and Agents the “Book and Hold” feature through its API.

b. We reserve the right to suspend a Provider and/or its Agents’ access to the API and/or charge the Provider and/or its Agent a fee for access where, in the reasonable opinion of Tigerair Australia, the Provider and/or the Agent is abusing the Book and Hold feature. For example, where an Agent makes multiple bookings for one Customer with no intention of cancelling surplus bookings, Tigerair Australia may suspend the Agent’s access to the API or require the Agent to pay a fee for access to the API.

  1. SSR Codes for API Bookings are contained within the API Developer’s Guide.

  2. Address for Notices

Tigerair Australia:
Tiger Airways Australia Pty Limited
Attention: Matt Payne
PO Box 2101,

Gladstone Park, Melbourne, Victoria 3043
Australia

Tel: +61 3 9335 8100

Fax: +61 3 9330 3328

Part G - Look to Book Ratios

  1. Look-to-Book Ratios. We reserve the right to monitor your Look-to-Book Ratios. Your Look-to-Book Ratios must not exceed 75:1 (i.e., 1 booking per 75 inquiries). In the event your Look-to-Book Ratio exceeds 75:1 then:

a. We will give a written notice advising you that your Look-to-Book Ratio has exceeded 75:1;

b. Within 5 Business Days of receiving written notification you must provide us with detailed reasons for exceeding the Look-to-Book Ratio;

c. If in our reasonable opinion you have a genuine commercial reason for exceeding the Look-to-Book ratio then both parties will, within 5 Business Days of us receiving your reasons pursuant to clause 2.b meet to discuss in good faith a revised Look-to-Book Ratio or the steps that you can take to reduce your Look-to Book-Ratio; and

d. If your explanation for exceeding the Look-to-Book Ratio is, in our opinion, unsatisfactory or the parties cannot agree on a revised Look-to-Book Ratio pursuant to clause 1.c or you are unable to remedy excessive Look-to-Book Ratios within the agreed time frame, then we may advise you that we consider you to be in breach of this Agreement and may terminate this Agreement by providing you with thirty (30) days’ written notice.

Part H - Privacy Acknowledgement

  1. You acknowledge that you have read the Privacy Policy located on our Website and you will treat Personal Information (as defined in the Privacy Policy) provided to you by either us or a Customer in
    accordance with this Policy as if you were the Airline.

  2. You agree that you:

a. will take all reasonable steps to ensure that Personal Information held in connection with this Agreement is protected against misuse and loss or from unauthorised access, unauthorised modification, or unauthorised disclosure at least to the level as prescribed in the Privacy Policy;

b. will ensure that only authorised personnel will have access to any Personal Information and that personnel will only be authorised for such access on a “need to know basis”, that is, where access to such Personal Information is essential in order for personnel to carry out their respective duties;

c. will use Personal Information held by you only for the purposes of fulfilling your obligations under this Agreement (and without limiting the generality of the foregoing, you will not disclose any Personal Information for sale or profit or any other benefit).

d. shall ensure that your personnel (inclusive of staff and contractors) are aware of your obligations under this Agreement (and in particular this clause) and Privacy Policy and where necessary you will provide personnel with adequate training in respect of same;

e. upon receiving written notice from Tigerair Australia, you must (as soon as possible and in any event within 3 Business Days), provide the Airline or its agent duly appointed in writing, access to all Personal Information that you hold pertaining to Tigerair Australia or this Agreement whether that Personal Information is information provided to you by us, or directly from the customer, employee, supplier, agent or another, and includes any record or opinion generated by you.

  1. Where you use or disclose any Personal Information other than in accordance with this Agreement, without our written authority, you will be in breach of this Agreement. In such circumstances, you will notify us of your breach as soon as the breach becomes known to you.

  2. You agree to issue each Customer an itinerary which contains the following collection statement:
    The personal information you provide will be disclosed to Tiger Airways Australia Pty Ltd (Tigerair Australia) so that Tigerair Australia can process and make arrangements for your flight booking. Tigerair Australia’s Privacy Policy contains details as to how Tigerair Australia will handle your personal information. Tigerair Australia’s Privacy Policy is available at https://www.Tiger.com/au/en/privacy.php.