2.1 Ryanair will authorise approved Brick & Mortar travel agents (“ATA”) to sell Ryanair flight services through TAD offline only, strictly provided that ATA undertakes, agrees and shall ensure that:
(a) all Ryanair flight bookings made through TAD will only take place offline.
(b) it will not have access to, display or make available for sale Ryanair’s Promotional Fares.
(c) the true price of the Ryanair flight services is at all times, if displayed by ATA, displayed in a clear and transparent manner as separate cost elements to any other additional fee and/or surcharge and/or discount. For the avoidance of any doubt, any fee and/or surcharge and/or discount associated with the ATA package must be presented in a clear and transparent manner and must not be described in such a manner that would mislead or confuse the end user into believing that it is a direct or indirect fee and/or surcharge and/or discount from Ryanair.
(d) ATA may charge a fee for and promote additional services and products (including a ATA booking fee, Price Lock, Travel Insurance etc.), strictly provided that the products and services offered cannot disparage or conflict with the Ryanair Group and/or Ryanair business model. For the avoidance of doubt, “Cancellation Protection” (including the referral of claims to claim management companies) or “Premium Customer Service” when such a service doesn’t exist for Ryanair flights services, shall be strictly prohibited.
(e) referral of claims to claim management companies shall be strictly prohibited.
(f) prior to any passenger purchasing Ryanair flight services ATA shall;
(i) passengers must create a myRyanair account to check-in and/or receive their boarding pass. When checking in, the passenger must confirm compliance with the required safety, security and public health protocols. ATA shall take appropriate measures to ensure it does not come into possession of passengers’ confidential myRyanair account details;
(ii) ensure that the passenger is aware of what data is shared with Ryanair and in a clear and transparent manner bring the following terms to the passenger’s attention and procure the passenger’s acceptance of those terms:
(A) in order to manage their Ryanair booking (including checking in online), they will need to log into or create a myRyanair account.
(B) that payment information will only be processed by ATA and Ryanair will not receive or process passenger payment details (other than to confirm that the passenger has received a refund where one is due) provided by the passenger to ATA in relation to that particular booking unless the passenger provides these payment details to Ryanair directly. ATA will process any refunds due to the passenger in relation to the Ryanair flight services purchased pursuant to these TAD Ts&Cs. Ryanair will process any refunds due to the passenger for any purchases made directly by the passenger on the Ryanair Website;
(C) that Ryanair will copy ATA on all correspondence sent to passengers relating to the Ryanair flight services provided in connection with these TAD Ts&Cs;
(D) the provision of proof of refund to the passenger by ATA to Ryanair;
(E) that some portions of the Ryanair Policies will be superseded by their agreement to purchase their flight through ATA.
Should ATA fail to comply with these Clauses, it shall indemnify Ryanair for any loss, damage or legal expense suffered by Ryanair as a result.
(g) ATA shall send to Ryanair the passenger’s accurate contact details (email, telephone and postal address) as provided by the passenger to ATA during the booking.
(h) ATA shall direct any PRM (person with reduced mobility) and/or Family Seats requests (or any requests of a similar nature that may impose liability on either Party if not addressed) to Ryanair directly.
(i) passengers check in themselves on their personal myRyanair accounts and that personal myRyanair access details shall remain confidential to passengers at all times, and ATA shall take appropriate measures to ensure it does not come into possession of passengers’ confidential myRyanair account details;
(j) it will pay to Ryanair, the full price payable to Ryanair for the Ryanair flight services selected by the passenger. Following receipt of such payment a Ryanair confirmation email will issue to the passenger with the ATA email address in copy.
(k) it will pay to Ryanair, in addition to the full price of the Ryanair flight services, any applicable card processing fees.
(l) it shall be strictly prohibited from issuing charge backs as a means of obtaining refunds or otherwise.
(m) ATA shall be deemed the “organiser” for the purposes of the Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements (“the Package Travel Directive”), and any implementing legislation, as amended from time to time, in force in any EU Member State (“Package Travel Legislation”). ATA shall assume all liability and responsibility as “organiser” under the applicable Package Travel Legislation. In the event of any such liability or responsibility as “organiser” being, contrary to the terms of these TAD Ts&Cs, imposed on Ryanair, Supplier will perform all actions required and fully indemnify Ryanair against any and all liability and cost incurred by Ryanair.
(n) In the event Ryanair are held liable under any applicable passenger rights regulations and conventions, including but not limited to Regulation (EC) No 261/2004 and the Montreal Convention 1999, and or the Package Travel Legislation (collectively “Passenger Rights Regulations”) due to the manner in which ATA has sold Ryanair’s flights, ATA will perform all actions required and fully indemnify Ryanair against any and all liability and cost incurred by Ryanair.
(o) In circumstances where a Ryanair Group Flight subject to a booking made as part of these TAD Ts&Cs is cancelled or is subject to a major change and the passenger chooses to receive a refund, ATA and or passenger will be able to request a refund from Ryanair. Ryanair will issue a refund to the card used to make the booking. In cases where the ATA used their own card to pay for the booking, ATA shall ensure that the passenger receives a refund in cash and in full within seven (7) days of ATA receiving the refund from Ryanair. ATA shall retain external proof of refund to the passenger in the form of screenshots from ATA’s bank. Ryanair may request that ATA produces proof of refund and must do so within seven (7) days of receipt of Ryanair’s request.
(p) it shall not use any TAD Account and/or the Ryanair.com website to sell or offer for sale, or to facilitate, permit or assist any third party in selling or offering for sale (whether directly or indirectly) Ryanair Flight Services online.
(q) All bookings within the TAD Account shall be subject to these TAD Ts&Cs.