These Terms and Conditions form part of the Agreement between Aviate Management Ltd trading as Virgin Atlantic Flightstore for business (the “Company” or “Aviate”) and the Agent or Trade Customer (the “Customer”) for the provision and distribution of Airline Fares for business travel purposes.

By entering into this Agreement, the Customer will be granted access to Fares. Aviate reserves the right to change the terms and conditions from time to time and will use its reasonable endeavours to give notice to the Customer of any change. In order to receive fares, the Customer will be required to confirm agreement and sign a General Business Travel Agreement [GBTA], prevailing from time to time.

Words importing gender include every gender, references to the singular include the plural and vice versa and words denoting persons include individuals and bodies corporate, partnerships, unincorporated associations, and other bodies (in each case, wherever resident and for whatever purpose) and vice versa.

Access to Fares

1.          Fare access is provided subject to the Customer's acceptance of the current General Business Travel Agreement (GBTA) and these Trading Terms and Conditions.

 

2.          The Customer may only sell Fares to Eligible Travellers.

 

3.          All Fares are provided subject to the Fare Rules in accordance with the Airline’s Conditions of Carriage.

 

4.          Fares are non-commissionable and exclusive of taxes, fees and carrier imposed charges.

 

5.          The Airlines can withdraw Fares at any time.  Any such withdrawal will be dealt with in accordance with the Supplier Conditions of Supplier.

Bookings and Ticketing

1.          All Fares are subject to availability, withdrawal, and change by the Airline until ticketed.

 

2.          Bookings must comply with the applicable Fare Rules. The most restrictive Fare Rule will apply to mixed itineraries, unless otherwise stated.

 

3.          Name changes, Name corrections, cancellations, and refunds are only permitted in accordance with the Fare Rules and Conditions of Supplier, and may incur Miscellaneous Charges.

 

4.          Aviate will use reasonable endeavours to act upon any special request made for a particular seat, special meal or airport assistance or any other matter connected with the flight to be provided by the Airline, but acceptance of such requests does not guarantee any provision of service which is at the discretion of the Airline.

 

5.          The Airline will usually cancel the inbound sector of an itinerary if a passenger has not travelled on the outbound sector. Therefore, if a passenger wishes to use the inbound sector of an itinerary only the Customer should contact Aviate on a Working Day prior to the date of the outbound flight for permission to do so. Permission will only be given subject to the discretion of the Airline and in any event Aviate accepts no responsibility for the cancellation of the inbound sector. 

 

6.          On payment of the total sum for the Travel Arrangements, together with the names and information relating to the Eligible Travellers, as required by a Supplier or Airline, Aviate will issue the tickets or confirmation document for the Travel Arrangements to the Customer. The Customer takes full responsibility for the accuracy of the said information and indemnifies Aviate against all claims in the event of an error, not timely reported or not rectified, in the information received.

 

7.          The Customer acknowledges that the total price airline tickets procured by Aviate may vary due to increases in security, surcharges, insurance charges, taxes or airline surcharges of whatsoever nature and therefore will not be guaranteed until ticketing.

 

8.          Aviate will use its reasonable endeavours to process and issue Tickets in accordance with the Ticket request and the relevant Fare Rules. Tickets will be endorsed and issued as Aviate considers it appropriate reflecting the restrictions and conditions stated within the relevant Fare Rules and the instructions of the Airline.

 

9.          If the Customer requests Tickets to be issued at short notice, Aviate will use its reasonable endeavours to meet those requirements but be under no obligation to do so and shall have no liability, to the Customer or its customers, should it fail to do so.

 

10.       Prior to Aviate issuing any Tickets requested by the Customer, the Customer shall pay to Aviate the total price for the Fare including all taxes, fees, carrier charges, Service Fees and Miscellaneous Charges applicable to such Tickets in Pounds Sterling and in cleared funds.

 

11.       In consideration for providing the Services, Aviate may apply a Service Fee to each Booking. The applicable Service Fee shall be notified to the Customer in Aviate’s Welcome Pack or otherwise in writing and may be revised annually.

 

Payments and Charges

1.          The Customer agrees to pay all charges in GBP.

 

2.          Payment should be made via Aviate’s website using the Customer’s unique enhanced Bank Account details, details of which will be provided as part of the customer set up process.  Payments credit/debit card are also accepted.  In the case of credit/debit cards, transaction fees will be applicable. 

 

3.          Aviate will not accept personal Credit Cards or Debit Cards for payments.

 

4.          Aviate may, in its absolute discretion and subject to such terms and conditions as Aviate may require, agree to provide the Customer with a credit facility in respect of monies due for Tickets issued pursuant to this Agreement. If the Customer fails to comply with the terms of any credit facility provided pursuant to this clause, Aviate may:

(a)           immediately withdraw the credit facility; and

(b)           cancel any or all bookings made by the Customer pursuant to this Agreement which remain unflown at the date of the failure; and

(c)            terminate this Agreement immediately by notice in writing to the Customer, without payment of compensation.

 

5.          Any credit offered to the Customer shall be at the sole discretion of Aviate and subject to satisfactory credit checks on the Customer, its officers and other senior personnel as deemed necessary by Aviate. Aviate reserves the right to vary or immediately withdraw any credit offered at any time on notice to the Customer. The Customer authorises Aviate to conduct credit checks and references prior to approving any credit account for the Customer. Aviate may charge statutory interest and compensation for debt recovery costs under late payment legislation for all overdue amounts.

 

6.          All payments are exclusive of VAT, which shall be payable by the Customer where applicable.

 

7.          If Aviate makes any payments based on behalf of the Customer that are subsequently unpaid and written off as bad debt, Aviate reserves the right to reclaim such payments in proportion to the uncollected amount. This includes cancelling any other Travel Services yet flown or taken, without compensation.

 

8.          For the purpose of this Agreement, a payment shall be considered a Bad Debt if it remains unpaid for more than 30 days after the due date, despite reasonable collection efforts, and is formally written off by Aviate in accordance with its accounting policies.

 

9.          Aviate may recover the amount subject to clawback by:

(a)           deducting the amount from any future refunds owed to the Customer under this or any other agreement; or

(b)           issuing an invoice to the Customer for direct repayment, payable within 30 days of receipt.

 

10.       The clawback shall not apply where non-payment is due to a verified error or service failure on the part of Aviate. If a previously written-off debt is later recovered in whole or in part, the proportional clawed-back amount will be reinstated or repaid to the Customer.

 

11.       Aviate will provide written notice to the Customer specifying the amount of the clawback, the underlying transaction(s), and the basis for the bad debt classification.

Customer Obligations

1.           The Customer shall only distribute Travel Arrangements to Eligible Travellers and will indemnify Aviate against all liabilities, including fines, penalties (including Airline ADMs) and costs, should they re-distribute them to anyone not fitting that description.

 

2.          Whereas Aviate will endeavour to offer advice and assistance when requested, the Customer accepts and undertakes to advise the Eligible Traveller that the protection of the Regulations will not apply with respect to the Travel Arrangements booked on their behalf under this Agreement. The Customer will comply with the relevant Conditions of Supplier, entry requirements (including countries being transitted), health precautions for any country they are visiting recommended by the Foreign and Commonwealth Office and any appropriate insurance.

 

3.          The Customer shall ensure that all passengers in each Booking are advised:

(a)           To check the accuracy of the documentation received;

(b)           To have the correct visas, passport, health certificates and other documentation for the relevant journey at the time of travel;

(c)            To check and comply with the relevant entry requirements for any country the individual is visiting including transiting via;

(d)           To re-confirm their return flights, if required to do so;

(e)           The name of the particular Airline (or other carrier) that will be operating any of the flights, and;

(f)            Of the Conditions of Supplier (including the Airline’s Conditions of Carriage) and all other relevant fare rules and ticketing and Agreement conditions.

 

4.          The Customer is responsible for:

(a)           Ensuring accuracy of all Booking details.

(b)           Providing required documentation, visas, and insurance for each traveller.

(c)            Informing travellers of applicable Fare Rules, Conditions of Supplier, the Airline’s Conditions of Carriage, and entry requirements.

(d)           Preventing misuse of Fare Content (e.g. screen scraping).

(e)           Adhering to all applicable laws and regulatory requirements.

 

5.          The Customer holds responsibility for the provision of all passenger information required, including but not limited to:

(a)           All Advance Passenger Information (API) or other data requested by Aviate or the Airlines, from time to time, is collated and entered into the bookings.

(b)           For all citizens of the United States of America travelling on international flights into or out of the USA pursuant to the Booking, an emergency contact name and telephone number.

(c)            An emergency contact email address and mobile telephone number.

 

6.          In the case of bookings travelling to/from and within the United States of America, the Department of Homeland Security (DHS) requires airlines to obtain the following minimum Secure Flight Passenger Data (SFPD) prior to tickets being issues:

(a)           Name as it appears on their passport

(b)           Date of birth

(c)            Gender

(d)           Redress number, where applicable

7.          The Customer acknowledges that the Airline’s Fare Content is and shall remain the sole property of the Airline. The Customer acknowledges that the Fare Content constitutes proprietary information belonging to the Airline and that disclosing it to third parties would give rise to a risk of significant harm to the Airline’s commercial interests. 

 

8.          The Customer will take reasonable steps to prevent any website or electronic outlet, operated for the purposes of marketing or selling on Fare Content by or on behalf of the Customer, from being used by unauthorised third parties (e.g. screen scrapers) for purposes of accessing Fare Content or other unauthorised purposes. The Customer shall ensure the implementation of policies and processes, and take reasonable commercial, technological and legal actions, to detect, deter and prevent any of the foregoing. The Customer shall not obtain or access the Airline’s Fare Content from any website of the Airline (e.g. no screen scraping of an Airline website).

 

9.          The Customer may only use Fare Content to market and sell tickets to business entities or consumers in accordance with the terms and conditions of this Agreement.

 

10.       The Customer shall conduct itself in accordance with the highest business standards and use commercially reasonable efforts not to do or permit or omit to be done anything which might reflect adversely upon the business integrity or goodwill of Aviate or the Airline.

 

11.       The Customer must fully comply with all relevant legislation relevant to it from time to time, and, where the Customer is domiciled or operating outside the United Kingdom, with all applicable foreign laws, regulations, codes of practice, guidance notes and other requirements of any relevant government or governmental agency or IATA.

 

12.       The Customer warrants that it will provide adequate control over the security of its operations to prevent, as far as reasonably possible, illegal and/or fraudulent transactions with Aviate including but not limited to security over the access to the Customer’s computer systems, equipment and passwords. The Customer shall keep Aviate and the Airline fully indemnified from and against any and all Losses suffered or incurred by Aviate or the Airline as a result of Tickets issued as a result of a failure or breach of its security systems.

 

13.       The Customer shall not assign, delegate, sub-contract or transfer or otherwise dispose of all or any of its rights or obligations under this Agreement.

 

14.       The Customer shall only promote the Fares for redistribution or sale subject to the following restrictions:

(a)           use of any Supplier Marks or other intellectual property must be used precisely in accordance with the relevant Supplier instructions and should not be altered from that approved by the Airline, advice upon which can be obtained from Aviate on request.

(b)           all promotional and advertising material must comply with rules and regulations set out in the Fare Rules

(c)            the Customer shall in no way contest or deny the right or title of the Airline in or to any of the Supplier’s Marks and shall not encourage or assist others directly or indirectly to do so.

(d)           the Customer agrees that it will not create, acquire, license or support any internet keyword or search term which contains any of Aviate or the Supplier’s Marks or any confusingly similar marks and can locate or identify or create a link to web sites or pages based on specified search criteria.

 

15.       If Clause 14 is breached then, at the request of Aviate or the Supplier, the Customer shall immediately withdraw any such advertisements. This is without prejudice to any other remedy which Aviate or the Supplier might have in relation to such breach.

 

Updates to Terms and Conditions

These Terms and Conditions are subject to periodic updates and are made available at the following link Terms & Conditions