1.1 By agreeing and submitting to these Terms, the Agent is requesting Qantas to allow the Agent and each Agent Group Member, as applicable to participate in the Qantas Channel which will entitle each Agent Group Member to:

(a) access Qantas Channel Content; and
(b) avoid any Channel Fee imposed by Qantas,

in accordance with these Terms.

1.2  Participation of the Agent, and as applicable, each Agent Group Member in the Qantas Channel will apply upon Qantas confirming access to the Qantas Channel in writing and advising the Agent of the Effective Date.  Such confirmation is subject to the following:

(a) Qantas notifying the Agent that it and each Agent Group Member is eligible to participate in the Qantas Channel; and
(b) if the Agent or an Agent Group Member will be accessing the Qantas Channel via a GDS or Approved QDP Partner Connection, the Agent or Agent Group Member, as applicable, has entered into an agreement with that participating GDS or Approved QDP Partner Connection to access Qantas Channel Content.

1.3 The Agent acknowledges that the Effective Date will be no earlier than 1 August 2019.  Due to the requirements in clause 1.2(a) and 1.2(b), the Effective Date may vary for each Agent Group Member.

1.4 To maintain eligibility for participation in the Qantas Channel, the Agent and each Agent Group Member must transact all Qantas Bookings via the Qantas Channel for each available Qantas Channel market.

1.5 Each party acknowledges assuming obligations and granting rights under these Terms for valuable consideration.

1.6 Qantas may amend these Terms by posting updates on the Qantas Agency Connect website with such changes taking effect on 30 days’ notice or earlier if required by law or for operational reasons.  The Agent may, within 30 days of such change to these Terms, and by giving written notice to Qantas, terminate its participation in the Qantas Channel.

1.7 The Agent acknowledges that the Agency Terms govern the marketing, sale and ticketing of Qantas products and will apply to the Agent and each Agent Group Member.  There may be additional terms and conditions that apply to the relationship between Qantas and the Agent.  In the event of any inconsistency between these Terms and such other terms and conditions, then the order of priority is:

(a)  these Terms; then
(b)  any Agency Agreement; then
(c) the Agency Terms.

2.1 Subject to clause 2.2, Qantas agrees to make available to the Agent and each Agent Group Member, the following Qantas Channel Content:

(a) Qantas Distribution Platform Content: being such offers and orders generated by the Qantas Distribution Platform that Qantas authorises the Agent or any Agent Group Member, as applicable, to receive including published fares in the following ATPCO classes:

(b) Legacy GDS Content: published fares in the following ATPCO classes accessible via a PCC nominated by the Agent (either for the Agent or on behalf of any Agent Group Member) to participate in the Qantas Channel:

(c) all Qantas Distribution Platform Content made available to agents via the Qantas Distribution Platform shall be made available to agents irrespective of GDS or Approved QDP Partner Connection used by an agent.

2.2 Qantas makes no representations or warranties to an Agent or Agent Group Member in relation to the ability of any Approved QDP Partner Connection to consume Qantas Distribution Platform Content and Qantas will have no liability to the Agent or Agent Group Member if an Approved QDP Partner Connection is unable to consume some or all Qantas Distribution Platform Content.

Bookings made by the Agent or any Agent Group Member via PCCs that have been approved to participate in the Qantas Channel will be exempt from a Channel Fee. 

(a) The Agent represents and warrants that:

(i) the person accepting these terms on behalf of the Agent is duly authorised to bind the Agent and each Agent Group Member;
(ii) during the Term it and each Agent Group Member will hold:

(A) any applicable licences or memberships required by law; and
(B) an IATA Number, TIDS Number or ARC Number (as applicable) demonstrating valid and current IATA or TIDS or ARC accreditation.

(b) The Agent must:

(i) register the details of the Agent and each Agent Group Member using the prescribed form as provided by a Qantas account manager or on the Qantas Agency Connect. Such details will include the IATA Number, TIDS Number or ARC Number (as applicable) and related PCC’s of the Agent and each Agent Group Member; and
(ii) ensure that such details referred to in clause 4(b)(i) are kept up to date and valid during the Term.

(c) The Agent must comply with all obligations in the Agency Terms including those provisions which relate to the use of “Qantas Data” (as defined in the Agency Terms) to or via any third party including meta-search engines or aggregators even if intended for customers.

(d) The Agent acknowledges and agrees that it is fully responsible for any distribution costs directly or indirectly incurred by Qantas arising out of the Agent or an Agent Group Member using ‘passive’, ‘auxiliary’, or ‘information’ segments via GDS providers (or other similar segment) to represent a booking which has been made with an Approved QDP Partner Connection.

If the Agent or any Agent Group Member has TIDS accreditation rather than an IATA or ARC accreditation, the Agent, in addition to the obligations set out in clause 4:
 

(a) must register on Qantas Agency Connect, the details of any Authorised Ticketing Agent that will be issuing tickets for Bookings made by the Agent or any Agent Group Member (including such Authorised Ticketing Agent's IATA Number); and
(b) acknowledges that it and any Agent Group Member will not be accepted into the Qantas Channel until completion of the following:

(i) if the Authorised Ticketing Agent will be accessing the Qantas Channel via a GDS or Approved QDP Partner Connection, the Authorised Ticketing Agent will have entered into an agreement with that participating GDS or Approved QDP Partner Connection to access the Qantas Channel; and
(ii) the Authorised Ticketing Agent has been approved by Qantas to participate in the Qantas Channel.

If the Agent or any Agent Group Member is ticketing or consolidating on behalf of a booking agent which is not part of the Agent Group, the Agent, in addition to the obligations set out in clause 4:

(a) must have Qantas written approval to ticket or consolidate Qantas Bookings outside the Agent Group;
(b) acknowledges that it and any Agent Group Member will not be able to ticket or consolidate Qantas Bookings for such booking agent until such booking agent has been accepted into the Qantas Channel; and
(c) must identify the details of any booking agent for which it will be issuing tickets for (via PCC, IATA, or TIDS).
 

7.1 The Agent:

(a) must procure that all its Agent Group Members, and their respective Personnel comply with these Terms; and

(b) acknowledges that, for the purposes of these Terms, any act or omission of any Agent Group Member or their Personnel, which if committed or omitted by the Agent would constitute a breach of these Terms, will constitute a breach of these Terms by the Agent.

7.2 The Agent acknowledges and agrees that any new agents or Affiliates acquired by the Agent will not be considered Agent Group Members without the prior written approval of Qantas and will be subject to such Agent Group Member entering into an agreement with a participating GDS or Approved QDP Partner Connection to access the Qantas Channel Content.

8.1 These Terms will become effective on the Effective Date and continue until terminated by either party in accordance with this clause 8.

8.2 If the Agent or Agent Group Member breaches these Terms or Agency Terms, then, without limiting any other rights, Qantas may, by giving written notice to the Agent, do any or all of the following:

(a) recover any amounts incurred by Qantas as a result of the breach;
(b) restrict or remove the access of any Agent Group Member in breach of this Agreement or the Agency Terms from participation in the Qantas Channel, including removing the Agent Group Member’s PCC’s from the Qantas Channel;
(c) remove the Qantas E-ticketing Authority for the Agent or any Agent Group Member; and
(d) remove access to the Qantas Channel for the Agent or any Agent Group Member.

8.3 These Terms may be terminated by: 

(a) either party:

(i) at any time upon 30 days written notice to the other party;
(ii) if the other party commits a breach of these Terms which is capable of remedy and fails to remedy the breach within 14 days after receiving notice requiring it to do so;
(iii) immediately, if the other party commits a breach of these Terms which is not capable of remedy; or
(iv) as otherwise permitted in accordance with these Terms; or

(b) by Qantas:

(i) immediately by giving notice to the Agent if there is any change in the direct or indirect beneficial ownership or control of the Agent;
(ii) immediately, if the agreement between the Agent’s GDS provider or Approved QDP Partner Connection and the Agent terminates and the Agent:

(A) does not give Qantas notice of its agreement with an alternate GDS provider or Approved QDP Partner Connection; or
(B) has not entered into an agreement with Qantas to access the Qantas Channel directly via the Qantas Distribution Platform;

(iii) immediately, if the agreement between an Agent Group Member’s GDS provider or Approved QDP Partner Connection and the Agent Group Member terminates and the:

(A) Agent does not give Qantas notice of an agreement between the Agent Group Member and an alternate GDS provider or Approved QDP Partner Connection; or
(B) Agent Group Member has not entered into an agreement with Qantas to access the Qantas Channel directly via the Qantas Distribution Platform; or

(iv) immediately, if any booked Segments are deemed by Qantas to be fraudulent, fictitious or booked with the intention of circumventing the intended operation of these Terms.

8.4 After termination, the Agent and each Agent Group Member:

(a) will cease to have access to the Qantas Channel; and
(b) will not be eligible for exemption from the imposition of a Channel Fee on any Bookings made by the Agent and each Agent Group Member.

These terms are governed by the laws applicable in the State of New South Wales, Australia and each party submits to the exclusive jurisdiction of the courts of that State.

10.1 Definitions in these Terms:

Affiliate means a company in which the Agent owns more than 50% of its share capital and Agent has full management control as at the Effective Date and any new affiliates approved by Qantas in writing.

Agency Agreement means any agency sales agreement between Qantas and the Agent or the Agent’s head office (in the case of an Agent that is part of a chain or selling group).

Agent Group means the Agent and its member agents (as approved by Qantas) with IATA Numbers or TIDS Numbers or ARC Numbers as registered by the Agent in accordance with clause 4(b) and whom Qantas notifies will constitute an Agent Group Member for the purpose of this Agreement.

Agent Group Member means a member of the Agent Group.

Agency Terms means the terms and conditions set out and updated via the following URL: https://www.qantas.com/agencyconnect/au/en/qantas-standard-agency-terms-and-conditions.html.

Agent means any person who has been notified by Qantas as having been accepted to make bookings in the Qantas Channel.

API Services means the specific XML data interface services made available by Qantas to Approved QDP Partner Connections.

Approved QDP Partner Connections are those listed on the QDP website as such approved partners as updated from time to time and which can be found at qantas.com/agencyconnect/au/en/qantas-ndc.

ARC Number means a unique number issued by ARC which demonstrates ARC accreditation.

Authorised Ticketing Agent means a consolidator or ticketing agent that is duly authorised by the Agent to ticket Bookings on behalf of the Agent and the Agent Group Members and is registered on Qantas Agency Connect by the Agent in accordance with clause 4.  

Booking means Qantas marketed Segments booked by the Agent or any Agent Group Member.

Channel Fee means a fee that may be applied by Qantas on any Qantas marketed Segments that are ticketed by a travel agent that is not participating in the Qantas Channel.

Effective Date means the date notified by Qantas to the Agent as being the date that the Agent, and as applicable, each Agent Group Member, is entitled to participate in the Qantas Channel and the terms of this Agreement become effective between the parties.

GDS means a global distribution system for the travel industry specifically those systems provided by Amadeus, Travelport, Sabre, Travelsky, Axess, Infini or Abacus or any other systems as may be advised by Qantas in writing to the Agent.

IATA Number means the IATA numbers applicable to the Agency Group as registered or updated by the Agent in accordance with clause 4(b) which demonstrate IATA accreditation for each Agent Group Member.

Legacy GDS Content means such offers and orders generated by a GDS, excluding Qantas Distribution Platform Content distributed via a GDS.

Personnel means:

(a) in the case of Qantas, the officers, employees, agents and contractors of the Qantas Group (excluding the Agent and its Personnel); and
(b) in the case of the Agent, includes the Agent, its Agent Group Members, its Affiliates and the officers, employees, agents and contractors of each of them. 

PCC or Pseudo City Code means the unique identifier allocated to an agent by a GDS to enable bookings to be made, which may also be referred to as an OID or Office ID.

Qantas Agency Connect means Qantas’ agency website at http://www.qantasagencyconnect.com/Opens in a new tab or window or the relevant website address in your jurisdiction.

Qantas Channel is an indirect channel globally offered by Qantas to agents that entitles agents to access Qantas Channel Content and avoid incurring a Channel Fee, subject to these Terms.

Qantas Channel Content means Qantas content that is available to agents that are registered and approved to participate in the Qantas Channel as further detailed in clause 2 and includes Legacy GDS Content and Qantas Distribution Platform Content.

Qantas Distribution Platform is a B2B integration platform that houses API Services which enables external connections to access Qantas’ booking systems.

Qantas Distribution Platform Content means such offers and orders generated by the Qantas Distribution Platform that Qantas authorises the Agent to receive using API Services.

Qantas E-Ticketing Authority means the authority granted to the Agent by Qantas to issue tickets on the Qantas ticketing stock (081) using the Agent’s unique IATA plates.

Segment means a Qantas marketed flight flown by a passenger between two locations where a take-off occurs in one location and landing occurs in the other location.

TIDS Number means a unique Travel Industry Designator Service number issued by IATA which demonstrates TIDS accreditation. 

10.2 Interpretation

In these Terms, unless the contrary intention appears:

(a) headings are for ease of reference only and do not affect the meaning of these Terms;
(b) expressions not defined in clause 10.1, will have the meaning attributed to them by common usage or trade (if any) within the travel industry in Australia;
(c) the singular includes the plural and vice versa;
(d) a reference to a clause is a reference to a clause of these Terms;
(e) a reference to a statute, ordinance or by-law includes regulations and other instructions under it and consolidations, amendments, re-enactments or replacements of any of them;
(f) a reference to a party includes executors, administrators, permitted assigns and successors of that party; and
(g) ‘including’ means ‘including without limitation’.