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Nium Airline Payment Terms and Conditions

  1. Definitions.

    The defined terms in the Agreement shall apply to these Nium Airline Payment Terms and Conditions together with the following defined terms which shall have the following meanings:

     
    “Settlement”means the settlement of funds by Nium to the Airline in accordance with terms and conditions between Nium and the Airline.
    “Settlement File”means the settlement file received by Nium from UATP on a daily basis.
    “UATP Transaction Dispute Resolution Process”has the meaning given to it in Section 8 below.
     

  2. Nium Airline Payments Service. 
    1. Card Type. For the purposes of the Nium Airline Payments Service, the Nium Card type is the UATP Token.
    2. Eligibility. At the request of the Client, Nium agrees to make available the Nium Airline Payments Service subject to the terms and conditions of the Nium Card and Payment Services Agreement, including these Nium Airline Payment Terms and Conditions.
    3. The Client acknowledges and accepts that: 
      1. Nium provides this Nium Airline Payments Service in consideration for the fees it receives from Airlines and at no charge to the Client by Nium (unless Nium otherwise notifies the Client that charges may apply in accordance with the notice provisions under the Agreement);
      2. in addition to the acknowledgements contained in Section 19(e) of the Agreement, the Nium Airline Payments Service is subject to any constraints or limitations stipulated by UATP and Nium’s continued authorization by UATP;
      3. the UATP Token is a prepaid payment instrument which may be used to pay for goods and services at Merchants participating in the UATP Network. Like any payment card, Nium cannot guarantee that a particular Merchant will accept the UATP Token, and the Client should check before attempting the Payment if the Client is unsure;
      4. UATP Tokens are subject to authorization by UATP and Nium shall not be liable for any losses or damages resulting from or in connection with any refusal or delay of such authorization; and
      5. Nium shall not be held liable for failure to provide, or continuing to provide, the Nium Airline Payments Service due to circumstances beyond its reasonable control.
       
    4. Nium shall be entitled to amend the Nium Airline Payments Service or any component part of it from time to time in order to ensure compliance with Applicable Law.
     
  3. Integration. 
    1. The Client shall take such steps necessary to achieve access to the Nium Airline Payments Service through the standard Nium APIs or the Nium web portal and in accordance with the requirements of the current version of the relevant operations guide.
    2. Each Party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data or its accidental loss, destruction or damage including, but not limited to, complying with any applicable requirements of the Payment Card Industry Data Security Standard (PCI DSS).
     
  4. Operation of the Nium Airline Payments Service. 
    1. The Nium Airline Payments Service shall be operated by Nium as follows: 
      1. the Client shall request via the Technology Service to be issued with a UATP Token for a Payment;
      2. subject to the Client’s Nium Account holding Sufficient Funds, Nium shall issue the UATP Token to the Client in the amount requested;
      3. the Client shall use the UATP Token to make the Payment with an Airline;
      4. Nium will receive a Settlement File from UATP once per Business Day in respect of all UATP Transactions submitted by the Client using UATP Tokens as payment during the preceding twenty-four (24) hour period (or longer where the preceding period is not a Business Day). Where the currency of the UATP Token is not in the same currency as the UATP Transaction, Nium will endeavor to provide such Settlement File to the Airline as soon as possible after the UATP Transaction has occurred; and
      5. Nium shall make the Settlement to the Airline in accordance with the terms and conditions in place between Nium and the Airline.
       
    2. UATP Transaction Refunds. The following applies depending on where the Client is based: 
      1. For Clients based in the EEA. Without prejudice to Section 19 of  the Agreement, and Sections 2.2 and 2.3 of Annex 1 (Terms applicable to Micro-Enterprises) to Appendix B-2 (EEA), where such terms are applicable to the Client, the Client may make a request to the Airline for a UATP Transaction Refund and if the Airline agrees, Nium may receive such UATP Transaction Refund on the Client’s behalf and credit the UATP Transaction Refund to the Client’s Nium Account.
      2. For Clients based in the United Kingdom. Without prejudice to Sections 19 of the Agreement, and paragraphs 2.2 and 2.3 of Annex 1 (Terms applicable to Micro-Enterprises and Charities) to Appendix B-5 (UK), where such terms are applicable to the Client, the Client may make a request to the Airline for a UATP Transaction Refund and if the Airline agrees, Nium may receive such UATP Transaction Refund on the Client’s behalf and credit the UATP Transaction Refund to the Client’s Nium Account.
      3. For all other Clients not based in the EEA or United Kingdom. Without prejudice to Section 19 of the Agreement, where such terms are applicable, the Client may make a request to the Airline for a UATP Transaction Refund and if the Airline agrees, Nium may receive such UATP Transaction Refund on the Client’s behalf and credit the UATP Transaction Refund to the Client’s Nium Account.
       
    3. Unless agreed otherwise by Nium, Settlement will be made in the same currency as the Client’s Nium Account.
     
  5. Client Obligations. 
    1. The Client shall at all times comply with any request by Nium to provide such information as may be reasonably requested by Nium for the provision of the Nium Airline Payments Service from time to time.
    2. The Client shall promptly notify Nium of the following: 
      1. any material change to the Client’s anti-money laundering procedures or any breaches of the same;
      2. any change to the information provided to Nium for the purposes of receiving this Nium Airline Payments Service (including any change to the Client’s business, operations or financial position or to the goods and/or services it provides); and
      3. any URLs of the Client in addition to those already provided to Nium which are intended to be used for processing Payments.
       
    3. Failure to provide information reasonably requested by Nium under the Agreement in connection with the Nium Airline Payments Service constitutes a material breach of this Agreement.
    4. Set-off. Where requested to do so by an Airline, Nium may set-off any amount the Airline agrees it owes to the Client against any amount due for payment to the Airline by the Client using the Nium Airline Payments Service. Such set-off must be initiated by the Airline and Nium cannot and will not accept any instructions from the Client to undertake such set-off.
     
  6. UATP Rebates. 
    1. The Airline and Client may agree that the Client will receive UATP Rebates and the Airline will provide written notice to Nium of such agreement. Nium may receive the UATP Rebate on the Client’s behalf and credit the Client’s Nium Account upon receiving such UATP Rebate. Nium shall implement any changes to the UATP Rebate provided that it has a written agreement to such change from both the Client and the Airline.
     
  7. Termination by UATP. 
    1. In addition to either Party’s rights under the Agreement, in the event the agreement between Nium and UATP expires or is terminated, then this Nium Airline Payment Service will automatically terminate. Where practicable, Nium will endeavour to provide prior written notice to the Client of such termination.
     
  8. UATP Transaction Dispute Resolution. 
    1. Nium shall make available a neutral platform for the Airline and Client for the best-practice resolution of disputes. Nium promotes direct collaboration between the Airline and the Client to simplify the resolution of disputes relating to the Nium Airline Payments Service (the "UATP Transaction Dispute Resolution Process").
    2. The UATP Transaction Dispute Resolution Process shall allow for the efficient and effective resolution of disputes, including but not limited to billing errors, unprovided services, and non-received UATP Transaction Refunds.
    3. Nium will not act as an arbitrator or be involved in the decision-making process, beyond facilitating resolution.
    4. Resolved disputes which require a UATP Transaction Refund to the Client shall be processed via a credit/refund on the UATP Token (or such other way as agreed with the Client).
    5. As part of the UATP Transaction Dispute Resolution Process, the Client may be required to provide certain information, including: 
      1. Dispute reason
      2. Transaction date
      3. Masked card number
      4. Transaction amount
      5. Disputed amount
      6. Transaction reference
      7. First date (departure/check-in date)
      8. Second date (return/check-out date)
      9. Booking reference number
      10. Passenger surname
      11. Passenger name
      12. Airport Codes
      13. Flight number
      14. Merchant Cancellation Date
       
    6. Upon request by the Client, Nium may provide a copy of the process flow of the UATP Transaction Dispute Resolution Process (as amended from time to time at Nium's discretion).