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API - Terms & Conditions

1. Purpose

The purpose of this agreement (referred to as the “Agreement”) is to give the CUSTOMER the opportunity to book NORWEGIAN for resale on NORWEGIAN`s route network. The CUSTOMER is an internet based gateway for travel business which seeks to present the best prices on travels available at any time. NORWEGIAN own and administer an electronic database called Application Protocol Interface, in which prices and number of bookings made on NORWEGIAN’s products are continuously available (hereinafter referred to as the “API”). The purpose of this agreement (hereinafter referred to as the “Agreement”) is to grant the CUSTOMER access to the NORWEGIAN’s API, including making a complete range of NORWEGIAN’s products available directly to the CUSTOMER, and thus simplify the booking procedures.

2. General terms and conditions

  1. The CUSTOMER will work actively to promote the best possible sale of products and follow reasonable instructions from NORWEGIAN. This shall include:

  2. Offer products on NORWEGIAN`s route network as determined by Norwegian.

  3. Keep NORWEGIAN  informed about market conditions and other factors of importance for the sale of product.

  4. Immediately notify NORWEGIAN if CUSTOMER learns of failing to pay among his customers.

  5. Provide information on NORWEGIAN`s products through internal channels.

  6. Invitations to internal events that are open to suppliers. This will allow NORWEGIAN to provide product demonstrations and information.

  7. The CUSTOMER covers all costs associated with the fulfillment of its own obligations under theagreement, unless otherwise expressly is provided in this Agreement.

  8. NORWEGIAN  is not responsible if the journey cannot be completed due to canceled events.

  9. The parties intend to meet annual to review their respective results in comparison with thisagreement.

  10. NORWEGIAN refers to general terms and conditions according to NORWEGIAN website.

  11. The CUSTOMER undertakes to familiarise with and to follow the prevailing directions for use of NORWEGIAN’s API.

  12. The CUSTOMER may use NORWEGIAN API as a sales channel for NORWEGIAN flights or as an encyclopaedia for viewing purposes ONLY.

  13. The CUSTOMER undertakes to use the NORWEGIAN.COM logo when viewing flights through NORWEGIAN API.

  14. The CUSTOMER is obliged not to sell flight only to a   lower fare than the lowest fare available on www.norwegian.com at any given time. A    breach of this condition will result in an immediate termination of the contract.

  15. Both parties undertake to collaborate on all issues and circumstances which are pertinent to thisAgreement.

  16. The CUSTOMER and NORWEGIAN shall, within their respective organisations and in a positive and engaging manner, ensure that the respective parties’ responsibilities and undertakings under this Agreement are announced and complied with, including the prevailing directions for use of NORWEGIAN’s API and NORWEGIAN’s standard policy booking conditions.

  17. NORWEGIAN shall give the CUSTOMER the necessary introduction to the use of the API.NORWEGIAN do not commit to the performance of any further support which may occur as a   result of the CUSTOMER being introduces and granted access to the API. All costs which may occur as a result of the CUSTOMER’s implementation and use of the API shall be for the CUSTOMER’s account.

  18. In case of fraud through the NORWEGIAN API, the CUSTOMER is    responsible for any loss in revenue as a   result.

  19. Norwegian may terminate older versions of our API with a 3 month notice to the customer.

  20. Norwegian may put a rate limit on number of searches pr second/minute/hour.

2.1 Claimfarmers / Third parties

The CUSTOMER will through this Agreement gain access to internet prices and bookings made on all of NORWEGIAN’s flights. The CUSTOMER shall only make use of the information gathered from the API in connection with the sale of NORWEGIAN’s products, and the CUSTOMER undertake not to distribute or publish such information to third parties not concerned or otherwise make use of such information. 

2.2 Screenscraping of Norwegian.Com

The material, content and services on www.norwegian.com is solely for your personal, non-commercial use. Use of any automated system or software to extract data from this website for commercial purposes is prohibited. We reserve the right to take any action we consider necessary to any unauthorised use of this website without further notice. Such actions may without further notice include, but are not limited to, cancelling your booking, denying you access to our website or issuing legal proceedings.

2.3 SEO – Search engine optimizer 

The CUSTOMER shall not use the NORWEGIAN brand terms, brand misspellings, brand imitations, or domain name, as keywords and/or in URL’s for search marketing campaigns.

2.4 Ancillary sales

The CUSTOMER will work together with Norwegian in reaching a common goal on ancillary sales. This agreement is subject to a monthly review regarding these goals and this agreement will be changed and/or cancelled if the goals are not reached.

3. Reservations. Fares. Payment. Etc.

The CUSTOMER is obliged to comply with NORWEGIAN`s terms and conditions. If the deposit or the remaining amount is not paid within the deadlines specified, the booking will be invalidated and cancelled. Third parties who have bought such invalided tickets will under no circumstances bind Norwegian to fulfil the agreement between third parties and the Customer.

Passenger contact information

Norwegian send out a Welcome SMS approximately 2 hours before departure. We also send out important information regarding our flights via SMS or e-mail.

To ensure that the passengers receive these, please insert the passengers contact details in every booking. As a minimum a mobile number.

4. Agreements with other suppliers

 The CUSTOMER will through this Agreement gain access to internet prices and bookings made on all of NORWEGIAN’s flights. The CUSTOMER shall only make use of the information gathered from the API in connection with the sale of NORWEGIAN’s products, and the CUSTOMER undertake not to distribute or publish such information to third parties not concerned or otherwise make use of such information.

 The Agreement does not prevent the CUSTOMER from entering into similar agreements with other suppliers. 

However, the CUSTOMER may not enter into similar agreements with other suppliers if it is disloyal or constitutes a risk of breaching this agreement's secrecy provisions.

The CUSTOMER must never provide information specific about NORWEGIAN to third parties that indirectly or directly compete with NORWEGIAN.

5. Obligations relating to Payment Card Industry Security Standard

5.1

NORWEGIAN is under strict obligations to adhere to PCI-DSS security standards for the handling of customer data (consisting on any information relating to any purchasing customer, hereinafter "Customer Data"), including sensitive cardholder information (consisting of information displayed on any card except virtual cards identifying the cardholders account number, card number, expiry date and security number, hereinafter "Sensitive Cardholder Information"), which applies end-to-end. It is imperative for NORWEGIAN that the CUSTOMER has technical infrastructure, routines and processes that are coherent with the security standards that NORWEGIAN adhere to, particularly when the CUSTOMER captures Customer Data on its ow internet site before passing it on to NORWEGIAN.

5.2

The CUSTOMER is not permitted to store Sensitive Cardholder Information. If, however, it is necessary or inevitable that certain Sensitive Cardholder Information be stored owing to the operating process, the CUSTOMER should notify this to NORWEGIAN and obtain the written permission of NORWEGIAN in advance.

5.3

If Sensitive Cardholder Information is stored in any way whatever, whether on paper or electronically, the CUSTOMER should at all times comply with the applicable PCI Standard. The PCI Standard may be altered from time to time. CUSTOMER complies with PCI Standard and represents and warrants that it in this connection will:

  1. Install and maintain a firewall configuration to protect Sensitive Cardholder Information;

  2. Not use vendor-supplied defaults for passwords and other security parameters;

  3. Protect stored Sensitive Cardholder Information;

  4. Encrypt transmission of Sensitive Cardholder Information across open, public networks;

  5. Use and regularly update anti-virus software or programmes;

  6. Develop and maintain secure system and applications;

  7. Restrict access to Sensitive Cardholder Information by business need-to-know;

  8. Assign a unique ID to each person with computer access;

  9. Restrict physical access to Sensitive Cardholder Information; 

  10. Track and monitor all access to network resources and Sensitive Cardholder Information;

  11. Regularly test security systems and processes;

  12. Maintain a policy that addresses information security for employees and contractors.

5.4

The CUSTOMER shall also be fully responsible for every person, any of its contractors or partners that stores Sensitive Cardholder Information for the benefit of the CUSTOMER. The CUSTOMER shall notify NORWEGIAN about these parties before Sensitive Cardholder Information is stored. The CUSTOMER shall ensure that such third parties fully comply with the applicable PCI Standard. 

5.5

The CUSTOMER shall immediately notify NORWEGIAN of any suspected or confirmed loss or theft of Sensitive Cardholder Information. The CUSTOMER shall provide access to and fully cooperate with NORWEGIAN or an independent third party authorised by NORWEGIAN to investigate any security breach. 

5.6

In the event of a data incident, in the form of any unauthorised intrusion into a computer system, whereby Sensitive Cardholder Information or credit card transaction data may have been compromised in any way, any and all costs associated with each Party’s PCI-DSS obligations to conduct a PCI-certified forensic investigation will be the sole responsibility of the CUSTOMER.

5.7

NORWEGIAN may require that the CUSTOMER once yearly performs a self-evaluation. This will be in the form of answering a Self-Assessment Questionnaire (SAQ) provided by NORWEGIAN to the CUSTOMER in order to assess security for Sensitive Cardholder Information.

5.8

The CUSTOMER is fully liable to NORWEGIAN for all loss or damage which NORWEGIAN suffer(s) in connection with any act or omission of the CUSTOMER, its employees and assistants, any of its contractors or partners and other third parties used by the CUSTOMER in connection with the performance of this agreement or this clause 5. The CUSTOMER shall indemnify NORWEGIAN against all claims of such third parties that are in any way connected with a breach of this agreement. 

[The maximum aggregate liability of CUSTOMER for all claims or losses howsoever arising shall not exceed whichever is the lower of (a) five hundred thousand Euros (€500,000) or (b) the amount of commissions or fees received by the CUSTOMER pursuant to this agreement in the immediately preceding twelve (12) months.]

6. Confidentiality

All confidential information, knowledge and materials closed between the parties in connection with this agreement shall be regarded as trade secrets and thus subject to secrecy by both parties. 

Information regarding sales figures, information in the agreement and new strategy and marketing concepts and products for implementation are considered to be confidential information. The same applies to all material marked as confidential, information on personal matters and information which may harm the parties or which may be exploited by third parties.

The confidentiality applies to the parties' employees and others who act on behalf of the parties in connection with carrying out the agreement.  

The parties are obliged to implement the required preventive measures to ensure that material or information is not distributed to other parties, and that sensitive information is not distributed.

This provision also applies upon termination of the agreement, regardless of cause. Employees or others who resign their service with one of the parties are bound by a duty of confidentiality in accordance with the terms indicated above.

7. Duration

The agreement will remain in force until either party terminates it.

The agreement is subject to an annual review.

8. Termination

Both parties may terminate the agreement immediately if one of the parties is in breach of the Agreement.  

This agreement can be terminated by either party upon one (1) month prior written notice to the other party, elapsing from the 1st of the following month after the receipt by the other party of such notice. 

9. Change to the Agreement

Any changes or amendments to the Agreement must be in writing.

10. Governing law and legal venue

This Agreement shall be governed by Norwegian law. 

In the event of a dispute arising from this Agreement, the parties shall seek to resolve such dispute through negotiations. The parties accept Oslo tingrett as legal venue for the settlement of any disputes which can not be amicably resolved between the parties.