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Travel Agent Direct - Terms & Conditions
(A) Ryanair Travel Agent Direct (hereinafter “TAD”) is managed and operated by Ryanair DAC, Ryanair Dublin Office, Airside Business Park, Swords, Ireland (hereinafter “Ryanair”).
(B) These TAD Terms and Conditions (“TAD Ts&Cs”) apply to the use of the Travel Agent Direct myRyanair Accounts (hereinafter “TAD Account”). The Ryanair General Terms & Conditions of Carriage also apply.
(C) Ryanair exclusively distributes its own flight services online through the Ryanair Website.
(D) Ryanair distributes its own flight services and authorises Approved Brick & Mortar travel agents to offer Ryanair Group Flights for sale offline through global distribution service providers (“GDS”) or through verified TAD Accounts.
(E) The sale of Ryanair flight services by any means other than those expressly authorised by Ryanair is strictly prohibited.
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) make the passengers aware of the most up to date version of Ryanair’s Terms of Use, Ryanair Group Airlines’ respective General Terms and Conditions of Carriage, Ryanair’s Privacy Policy, and any other relevant policies that may be presented on the Ryanair Website from time to time (the “Ryanair Policies”) and shall procure the passenger’s acceptance of those terms;
(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 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;
(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.
3.1 For any flights sold in accordance with these TAD Ts&Cs, Ryanair will copy the ATA email address provided by ATA at the time of booking (“Copy Email Address”) on any email specifically relating to the Ryanair flight services purchased pursuant to these TAD Ts&Cs, including but not limited to itinerary email, schedule changes, cancellation email, refund email and any other emails of a similar nature that may vary from time to time (“Service Emails”). For the avoidance of doubt Service Emails do not include marketing emails or emails referring to passenger’s behaviour while onboard a Ryanair flight. Ryanair will send all Service Emails to the passenger directly via the passenger contact email address provided by ATA at the time of booking, which shall be the accurate email address of the passenger. In the event of termination of the TAD Account for any reason, Ryanair will honour this Clause until such time as all Ryanair Group Flights booked in connection with these TAD Ts&Cs (which Ryanair have been paid for in full) have operated or where a refund is due, until the refund has been processed in accordance with these TAD Ts&Cs.
3.2 If a passenger’s behaviour while on board an aircraft requires Ryanair to correspond with the passenger on foot of their behaviour, Ryanair will not copy the Copy Email Address on that correspondence, but will use best endeavours to notify ATA, via the Copy Email Address, if a passenger cannot travel on a Ryanair flight or where the passenger may be due a refund.
3.3 Ryanair shall have the right to unilaterally amend the terms of these TAD Ts&Cs upon thirty (30) days prior written notice to ATA. In the event, ATA does not agree to the amendments, ATA may terminate its TAD Account pursuant to Clause 6.3.
4.1 The parties hereby confirm, agree and acknowledge that:
(a) Ryanair is the owner of the Ryanair Website and the Ryanair Environment and all related content, Intellectual Property Rights, design, layout and operational know-how, as well as the data that relates to the business of Ryanair, (together, the “Database”).
(b) ATA shall not use the TAD Account 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.
(c) ATA’s use of the TAD Account is restricted to display and sale of Ryanair flights services offline only and shall not be made available for onward distribution to any internet website, including mobile applications.
(d) ATA agrees that it shall not distribute interline or codeshare agreements involving Ryanair Flight Services.
(e) ATA, and all current and future ATA Affiliates, shall not, without prior written authorisation from Ryanair or a Ryanair Approved Partner, use scripts or any automated means to extract data, including but not limited to, prices, flight information, timetables and ancillary products information (including relating to seats, baggage and priority boarding) from the Ryanair Website, the Ryanair Environment and/or the Database, either directly or via third parties, and/or to display or facilitate the display on any website content extracted from the Ryanair Website, the Ryanair Environment and/or the Database by ATA or by any other third party.
(f) ATA shall not hold a myRyanair account the use of which is for commercial purposes.
5.1 Prior to authorising ATA to set up a TAD Account, ATA shall furnish Ryanair with the Requisite Information, contained in Schedule 1, which may be updated from time to time (“Access Request”). All information provided by ATA in the Access Request shall be true and accurate.
5.2 Once the Access Request has been validly submitted, Ryanair will approve or reject the Access Request at its sole discretion and shall not be required to provide reasons for its decision. Ryanair shall also have the option to request further information from ATA.
6.1 Notwithstanding any provision contained in these TAD Ts&Cs, Ryanair may terminate a TAD Account;
(a) with immediate effect where ATA and/or its Affiliates engage in breach of the ATA Obligations and/or the restricted activities listed in Clause 4.
(b) with immediate effect where ATA and/or its Affiliates engage in fraudulent, abusive or negligent behaviour, including behaviour that, in the reasonable opinion of Ryanair, may result in or has resulted in harm, including reputational harm to Ryanair or a Ryanair Group Company;
(c) with immediate effect, where ATA is unable to pay its debts or enters into compulsory or voluntary liquidation or makes any proposal for a voluntary arrangement or scheme of arrangement with its creditors or compounds with or convenes a meeting of its creditors or has a receiver, manager, examiner, administrator or trustee in bankruptcy appointed or ceases for any reason to carry on business or takes or suffers any similar action which in the opinion of the Ryanair means that the other may be unable to pay its debts; and
(d) at any time, by giving thirty (30) days prior written notice to ATA. Ryanair may provide such notice at its sole discretion and shall not be required to provide reasons for its decision to terminate any TAD Account.
6.2 In the event of termination of the TAD Account for any reason;
(a) ATA shall be bound by these TAD Ts&Cs until the final flight booked through the TAD Account has operated, or in the event, of disruption, the passenger has received a full refund in cash from ATA.
(b) ATA shall remove any and all references to Ryanair, whether express or implied, from their premises and/or website;
6.3 Notwithstanding any provision contained in these TAD Ts&Cs, ATA may terminate a TAD Account, at any time, by giving thirty (30) days prior written notice to Ryanair by emailing travelagentdirect@ryanair.com
6.4 ATA’s obligations under these TAD Ts&Cs, together with the restricted activities listed in clause 4 shall survive termination until the final flight booked through and/or held at any time in the TAD Account has operated, or in the event, of disruption, until the passenger has received a full refund in cash from ATA.
Any notice or consent required or permitted to be given by Ryanair under these TAD Ts&Cs shall be validly given in English in writing and sent by email to the email address provided by ATA at the time of TAD Account set up.
No Waiver
No failure or delay by either party in exercising any right or remedy under or in relation to this Agreement shall be deemed to constitute a waiver thereof.
Authorisation
The person accepting the terms of these TAD Ts&Cs represents and warrants that he or she is duly authorised and has legal capacity to execute and deliver this Agreement.
Assignment
ATA shall not assign, sell, transfer this Agreement, including assignment resulting by virtue of a Change of Control, or any of its rights or obligations under this Agreement
Severability
If any provision or part-provision of these TAD Ts&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
No Partnership
The parties to this Agreement are independent contractors. Nothing in these TAD Ts&Cs and no action taken by the parties under this Agreement is intended to create, establish or constitute or shall be construed as creating, establishing or constituting an agency, Partnership, association, joint venture or other co-operative entity between the parties to this Agreement, or, as constituting either Party as the agent or representative of the other for any purpose in any manner whatsoever.
Third party rights
Except as otherwise expressly provided for in this Agreement, nothing in this Agreement, express or implied, is intended to or shall confer upon any other person (other than the Parties) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
Governing Law and Jurisdiction
These TAD Ts&Cs shall be governed by the laws of the Republic of Ireland. Each party irrevocably submits to the jurisdiction of the Courts of Ireland who shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with these TAD Ts&Cs. Each of the Parties irrevocably waives any objection to Proceedings being brought before the Courts of Ireland on the grounds of venue or forum non conveniens.
Requisite Information
- Agency Company Name
- Company Number
- Registered Company Address
- Agency Trading Name(s) (if different from company name)
- Physical Premises Address(es) (if different from registered company address)
- VAT / Tax number
- IATA Licence Number
- Contact email address