Terms of Use
1. Introduction
1.1. iFLYflat Pty Ltd (ABN 53 161 472 251) (iFLYflat / we / us / our) provides services including the Points Flight Finder Concierge (also known as Flight Concierge or Points Flight Bookings Concierge), Points Maximisation Strategy (also known as the Points Plan, the Points Audit, the 1:1 Points Optimiser or The Points Travel Strategy), and The Flights Club (the Services).
1.2. These Terms and Conditions together with the documents referred to within them apply to your engagement with us. By browsing iFLYflat's website, submitting a request for using iFLYflat Services or continuing to engage iFLYflat to provide the Services, you acknowledge that you have read and agree to be bound by these Terms and Conditions which constitute an agreement between the parties.
1.3. If we are being retained to provide a Points Flight Finder Concierge service, the terms of Section A and C will apply.
1.4. If we are being retained for the provision of Points Maximisation Strategy service, the terms of Section B and C will apply.
1.5. If we are being retained for the provision of The Flights Club service, the terms of Section A, B and C will apply.
Section A: Points Flight Finder Concierge Terms
2. Points Flight Finder Concierge
2.1. Where we provide Points Flight Finder Concierge services to you, we will use best endeavours to search and find reward flight options based on your Proposed Travel Plan for the purpose of booking the found flight.
2.2. You may either engage us to book the found flight for you or book the found flight by yourself. The same fee is charged.
3. Fees and payment
3.1. When you submit the request to search for a flight, you may be charged a start-search fee (Start-Search Fee) in advance. If applicable, the start-search fee is quoted on our website.
3.2. You will pay a success fee (Success Fee) if we find a flight that satisfies your Proposed Travel Plan and the flight information is utilised for a booking. The Success Fee is quoted on our website or before the commencement of flight search. Payment terms and methods will be set out in the invoice. The Success Fee is payable when we have provided to you the found flights that match your Proposed Travel Plan, and this information leads to a points flight reservation, whether that flight is booked by iFLYflat, a representative you arrange or by you.
4. Cancellation and change
4.1. If you wish to cancel or change any flights, we will use our best endeavours to assist you. However, we cannot guarantee that flight changes you require will be possible or that seats will be available for your amended Proposed Travel Plans.
4.2. If you cancel or change a flight, the fees refundable and/or payable are as follows:
- Cancellation or change before finding a flight — You do not need to pay the Success Fee.
- Cancellation or change after finding a flight that matches your Proposed Travel Plans, but before the booking — You do not need to pay the Success Fee if the found flight is not booked.
- Cancellation or change after the booking — the Success Fee is not refundable, and you will need to pay a cancellation or change fee in addition to the Success Fee.
- You acknowledge that any non-refundable fee is a genuine estimate of our cost in the provision of Services and does not constitute a penalty.
4.3. In addition to clause 4.2, to change the flight, you need to submit a fresh request to search for a flight.
4.4. Cancellation or change of a flight after the booking is subject to the terms and conditions of the airlines, may incur airline fees passed onto you, and will incur an iFLYflat fee quoted before the change or cancellation is conducted.
5. Cancellation and change must be genuine
5.1. If you request us to cancel or change a flight but have the found flight booked notwithstanding, it is a non-genuine cancellation or change.
5.2. You are liable to pay the Success Fee in the event of a non-genuine cancellation or change.
5.3. You authorise us to cancel any flight of yours that is booked as the consequence of a non-genuine cancellation or change without giving notice to you.
5.4. You agree to indemnify us for damages, costs and expenses incurred as a result of a non-genuine cancellation or change, including our legal costs.
6. No guarantee of finding a flight
6.1. Although we will use our best endeavours to book flights in accordance with your Proposed Travel Plans, available flights and seats change constantly based on a live global system. We cannot guarantee that seats will be available in accordance with your Proposed Travel Plans.
6.2. We have no control over flights and cannot guarantee that your flight will take place as scheduled or at all. In the event of any disruption to your flights, it is your obligation to liaise with the relevant airline, any accommodation or other service providers and/or travel insurers to make alternative arrangements.
Section B: Points Maximisation Strategy Terms
7. Points Maximisation Strategy
7.1. Where we provide Points Maximisation Strategy service, we recommend using certain business credit cards or payment aggregators or payment service companies to pay business suppliers and expenses to maximise your acquisition of Loyalty Program Points (Advice).
8. Fees and payment
8.1. The fees and payment terms for Points Maximisation Strategy service will be agreed by the parties on a case-by-case basis or displayed on the website.
9. Validity of Advice
9.1. The Advice is based on the current dated policies of Loyalty Programs at the time of provision of the Advice and represents our opinion on the best ways to maximise the Points at that point in time.
9.2. We will notify you of any major changes in the policies of relevant Loyalty Programs and update the Advice in a timely manner within six months of the provision of the initial Advice.
9.3. If you require further Advice because your situation has changed or six months have lapsed since the initial Advice was provided, you can engage us for a fresh Points Maximisation Strategy at a discounted price.
10. iFLYflat's Advice not financial or credit advice
10.1. Our Advice is given solely for the purpose of assisting you to maximise your acquisition of Loyalty Program Points for the purposes of travel, and without reference to your personal circumstances, either financial or otherwise.
10.2. You acknowledge that we are not a financial adviser, that all discussions and advice are in relation to Loyalty Program Points benefits only, and that we do not provide tax advice. Points earned from business expenses and used for personal benefit may attract fringe benefits taxes — please consult your tax accountant for relevant advice.
Section C: The Flights Club Terms
11. The Flights Club
11.1. The Flights Club is the combination of the Points Flight Finder Concierge and Points Maximisation Strategy; the relevant terms of each service apply.
12. Fees and payment
12.1. The minimum term for The Flights Club service is 12 months, which ensures the proper implementation and deployment of the service to achieve its intended purpose.
12.2. Any early termination of The Flights Club will result in the minimum charge being the higher of The Flights Club annual membership fee or the separate fees of the Points Flight Finder Concierge Fees and the Points Maximisation Strategy fees.
12.3. The fees and payment terms for The Flights Club service will be agreed by the parties on a case-by-case basis or displayed on the website.
Section D: General Terms and Conditions
13. Appointment
13.1. By engaging us to provide the Services, you agree to appoint us to act as your agent to manage and maximise the benefit of your Loyalty Program Points, grant us authority to access your account to find, book or change frequent flyer redemption bookings, and authorise us to arrange charges to your provided credit or charge cards for payment of reward ticket booking fees and taxes (if prearranged).
14. Warranty and liability
14.1. We represent and warrant that we will provide the Services to you with due care and skill, comply with all applicable legislation, and that any personal information you provide will be used only in accordance with our privacy policy and the Privacy Act 1988 (Cth).
14.2. To the extent permitted by law, our total aggregate liability in connection with the provision of the Services is limited to the fees payable by you for the Services.
14.3. We are not liable for any loss of profits, loss of business, or consequential loss arising from the provision of the Services.
14.4. We are not liable for any claims arising from changes in fees, terms, or redemption structures imposed by Loyalty Programs and/or airlines, or from any cancellation or delay of flights.
15. Your warranty
15.1. You warrant that the personal details you have provided to us are full and accurate as specified in your passport, and that you will notify us of any changes to your personal details, Loyalty Program membership or Proposed Travel Plans as soon as practicable.
16. Your acknowledgements
16.1. It is your responsibility to take out your own travel insurance in respect of your flights. This is strongly recommended.
16.2. You must comply with the terms and conditions imposed by any applicable Loyalty Program.
16.3. Any fees and charges charged by Loyalty Programs are in addition to the fees charged by us, except as expressly provided otherwise.
17. Currency and GST
17.1. All payments for the Services are quoted in Australian dollars and must be paid in Australian dollars. Unless otherwise specified, all amounts have been calculated inclusive of GST. Services related to the arrangement of overseas flights are excluded from GST.
18. Publicity
18.1. We may disclose your details as a customer of the Services and may display your name and logo in our marketing materials and on the website.
19. Dispute resolution
19.1. If a dispute arises out of or relates to this agreement, the parties expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC).
19.2. In the event that the dispute has not settled within twenty-eight (28) days after appointment of the mediator, the dispute shall be submitted to expert determination in Sydney administered by ACDC.
20. General
20.1. Governing law: These Terms and Conditions are governed by the laws of New South Wales. Each party irrevocably submits to the jurisdiction of the courts of New South Wales.
20.2. Assignment: The Customer must not assign all or any of its rights under this agreement.
20.3. Severability: If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions.
20.4. Entire agreement: This agreement embodies the entire agreement between the parties and supersedes any previous agreements in respect of its subject matter.
20.5. Force majeure: We are not liable for any breach of obligations if hindered or prevented by any cause outside our reasonable control.
21. Definitions
Loyalty Program means any frequent flyer, airline alliance, hotel or other reward points program, loyalty program or similar program.
Points means the points you have accrued or accrue during the term as a result of membership of the Loyalty Program.
Points Flight Finder Concierge means the Service provided according to clause 2 of these Terms and Conditions.
Points Maximisation Strategy means the Service provided according to clause 7 of these Terms and Conditions.
Proposed Travel Plans means your proposed travel plans as notified in writing by you to us from time to time.
You and Your means the customer who engages us for the provision of Services.
iFLYflat Pty Ltd · ABN 53 161 472 251 · Level 17, 123 Pitt St, Sydney NSW 2000 · members@iflyflat.com.au