Note
These terms and conditions contain important terms you should be aware of. In particular, clause 6 states when you are and are not able to request a refund of the amount paid for a Neighbour-Free Seat.
1. Definitions
In these Terms and Conditions (where not inconsistent with the context):
“Bidding Window” means the period which Eligible Guests are permitted to submit an Offer, which is from the date on which Virgin Australia Neighbour-Free Seat bid begins accepting Offers until 48 hours prior to the scheduled departure time of the flight to which an Offer relates.
“Cancellation Window” means the period which Eligible Guests are permitted to modify or cancel an existing Offer, which is from the time an Eligible Guest makes an Offer to the earlier of: a) the Eligible Guest’s Offer being selected as successful, or b) 2 hours prior to the scheduled departure time of the flight to which an Offer relates.
"Eligible Guest" means the person to whom Virgin Australia, in its absolute and sole discretion, extends an Invitation.
"Guest" means a person who has purchased a fare and who intends to travel with Virgin Australia.
“Instant Purchase” means the set price offered to an Eligible Guest and paid by the Eligible Guest within the Instant Purchase Window to travel with Neighbour-Free Seating.
“Instant Purchase Window” means the period which Eligible Guests are permitted to instantly purchase a Neighbour-Free Seat at a set price which is within 48 hours of departure until 2 hours prior to the scheduled departure time of the flight to which an Instant Purchase relates.
"Invitation" means an invitation that Virgin Australia extends to an Eligible Guest to make an Offer or Instant Purchase of a Neighbour-Free Seat.
"Offer" means the total amount of money that an Eligible Guest has offered to travel with Neighbour-Free Seating.
"Offer Acceptance Window” means the period which Offers can be assessed by Virgin Australia, and is any time during the period after an Offer is submitted and 2 hours prior to the scheduled departure time of the flight to which the Offer relates.
"Original Booking" means the fare purchased and flight sector(s) of the booking made by the Eligible Guest to which an Invitation extends.
"Neighbour-Free Seat” refers to the empty seat next to the Standard or Preferred seat of an Eligible Guest.
"Neighbour-Free Seat Booking" means the flight sector(s) of the booking for which an Eligible Guest received an Invitation and made an Offer or made an Instant Purchase which has been accepted.
"Valid Offer” means an Offer that complies with these Terms and Conditions from the time of its submission until the time the Eligible Guest is notified whether the Offer is successful or unsuccessful during the Offer Acceptance Window.
"Velocity or VFF" means the Velocity Frequent Flyer Program operated by Velocity Frequent Flyer Pty Ltd ACN 601 408 824.
"Velocity Member Terms and Conditions" means the Velocity Member Terms and Conditions between Velocity and each Velocity member, as varied from time to time and available to view at
https://experience.velocityfrequentflyer.com/member-support/terms-conditions.
2. Neighbour-Free Seat Terms and Conditions
2.1. The following Terms and Conditions apply specifically to Invitations, Neighbour-Free Seat Offers and Neighbour-Free Seat Bookings and are in addition to Virgin Australia’s Conditions of Carriage, the Fare Rules and Privacy Policy, which you accept at the time you purchase a fare.
2.3 Not all bookings are eligible a for Neighbour-Free Seat. Virgin Australia has the right to determine eligibility at its sole and absolute discretion and may change the eligibility criteria from time to time. To check eligibility, Guests may visit the Virgin Australia Neighbour-Free Seat Website and enter their booking reference and surname in the fields provided. Alternatively, Virgin Australia may send an Invitation to submit an Offer to Eligible Guests who have booked an eligible flight.
2.4. Neighbour-Free Seats are only available on select flights operated by Virgin Australia with tickets that contain a “VA” flight number and issued on Virgin Australia ticket stock (a ticket number beginning with "795”). Neighbour-Free Seats are made available on flights and dates selected by Virgin Australia in its sole and absolute discretion. Neighbour-Free Seats may be offered to Guests travelling in Economy in a Standard or Preferred seat. Guests seated in Economy X are ineligible.
2.5. Your ability to receive a Neighbour-Free Seat is subject to availability. Invitations for a Neighbour-Free Seat will not be available on all flights.
2.6 The amount of an Offer is separate to and on top of the amount paid for the Original Booking. The total value of the Neighbour-Free Booking is the amount paid for the Original Booking plus the amount paid for Neighbour-Free Seat by way of Offer.
3. Bidding for a Neighbour-Free Seat
3.1. An Eligible Guest may submit an Offer per flight sector of the Original Booking. An Offer, when submitted by an Eligible Guest, entitles the Eligible Guest to be considered for a Neighbour-Free Seat, subject to these Terms and Conditions. An Offer may subsequently be cancelled or modified by the Eligible Guest within the Cancellation Window in accordance with these Terms and Conditions. The Offer and these Terms and Conditions are legally binding on the Guest.
3.2. Virgin Australia may set a minimum and maximum amount for an Offer for each flight sector where Neighbour-Free Seats are available. The minimum and maximum amounts for an Offer will be the amounts published at the time the Eligible Guest makes an Offer. Minimum and maximum amounts are set based on (and may change at any time due to) factors such as, but not limited to, the flight route, date and time, the availability of Neighbour-Free Seats and the number and amount of Eligible Guest Offers.
3.3. Bookings with three or more passengers are not eligible to bid for Neighbour-Free Seating. For bookings with one or two passengers, only one Neighbour-Free Seat offer can be applied per flight.
3.4. Eligible Guests can submit, modify or cancel an Offer by:
a. visiting the Virgin Australia Neighbour-Free Seat Website and entering their booking reference and surname in the fields provided; or
b. following the link contained in an email inviting the Eligible Guest to submit (or update) an Offer, and entering their booking reference and surname in the field provided.
3.5. An Offer, when submitted by an Eligible Guest, entitles the Guest named in the Original Booking to be considered for a Neighbour-Free Seat, subject to these Terms and Conditions.
3.6. Offers can only be made in whole dollars (no cents permitted). Offers can be paid for using an accepted credit card, debit card or prepaid card. The payment will only be processed if an Offer is selected as successful. If the available balance on the nominated credit card, debit card or prepaid card is less than the total cost of the Offer, the transaction will be declined and the Offer will be deemed to have been withdrawn. Where an Offer is deemed withdrawn, the Eligible Guest may submit a new Offer provided the Offer satisfies all other requirements set out in these Terms and Conditions.
3.7. An AUD$2 authorisation hold will be placed on the payment card account used to submit the Offer in order to verify the account is active. This is not a charge and this authorisation hold amount will be removed from the account after an Offer is either selected as being successful or unsuccessful.
3.8 New Offers can only be submitted by Eligible Guests during the Bidding Window. Eligible Guests are permitted to modify or cancel an existing Offer during the Cancellation Window. Should an Eligible Guest cancel an Offer within the Cancellation Window or cancel a booking to which an Offer relates, the Offer will no longer be a valid Offer.
3.9. Eligible Guests will receive an email to confirm their Offer has been submitted. If the Eligible Guest modifies their Offer, they will receive email confirmation of this update to their Offer.
a.All notifications concerning an Offer will be communicated to the Eligible Guest via email to the email address provided by the Guest when the original Offer was submitted. For security reasons, this email address is not capable of being amended.
3.10. Offers can be assessed and successful Offers awarded by Virgin Australia at any time during the Offer Acceptance Window. All Eligible Guests who make an Offer will be notified of the outcome of their offer within the Offer Acceptance Window.
3.11 Successful Offers will be selected by Virgin Australia in its sole and absolute discretion based on, but not limited to, any number of the following selection criteria: the amount of the Offer; the Eligible Guest’s Velocity Frequent Flyer status; and the number of seats available.
3.12. Virgin Australia reserves the right, to decide whether or not an Offer is successful, and makes no representation that any Guest will receive a Neighbour-Free Seat, regardless of whether or not seats are available in the cabin class for which an Offer is made, or if an Offer is the highest Offer amount.
3.13. In the event Virgin Australia selects a Neighbour-Free Seat Offer as being successful:
a. the Eligible Guest will be notified via email and charged the full amount of the Offer; and
b. the total amount to be paid includes all applicable pre-payable taxes and fees (if any) for the Neighbour-Free Seat. The total amount to be paid will be disclosed to the Eligible Guest prior to submission of the Offer.
c. If the Eligible Guest has an allocated seat for their Original Booking, every attempt will be made to assign the Neighbour-Free Seat next to the existing seat allocation. In the event the adjacent seat is occupied, the Guest will be assigned another seat in the Economy cabin with the Neighbour-Free Seat.
3.14 The seat next to you cannot be guaranteed as a Neighbour-Free Seat as seats may need to be changed for operational, safety or security reasons, even after boarding the aircraft. In the event of non-fulfilment, a refund will be processed in accordance with section 6.
4. Instant Purchase Neighbour-Free Seat
4.1 An Eligible Guest may make an Instant Purchase for a Neighbour-Free Seat, where available, per flight sector of the Original Booking within the Instant Purchase Window. The Instant Purchase, when submitted by an Eligible Guest, entitles the Guest named in the Original Booking to be assigned a Neighbour-Free Seat, subject to these Terms and Conditions. An Instant Purchase option may not be available on all flights, and once submitted by the Eligible Guest cannot subsequently be cancelled or modified by the Eligible Guest.
4.2. Virgin Australia may set an amount for an Instant Purchase for each flight sector where Neighbour-Free Seats are available. The amount for an Instant Purchase will be the amount published at the time the Eligible Guest makes the Instant Purchase. The amount is set based on (and may change at any time due to) factors such as, but not limited to, the flight route, date and time, the availability of Neighbour-Free Seats and the number and amount of Eligible Guest Offers.
4.3. Bookings with three or more passengers are not eligible to Instant Purchase Neighbour-Free Seating. For bookings with one or two passengers, only one Neighbour-Free Seat offer can be applied per flight.
4.4. Eligible Guests can make a Neighbour-Free Instant Purchase by:
a. visiting the Virgin Australia Neighbour-Free Seat Website and entering their booking reference and surname in the fields provided; or
b. following the link contained in an email inviting the Eligible Guest to make an Instant Purchase, and entering their booking reference and surname in the field provided.
4.5. At the time of making an Instant Purchase of a Neighbour-Free Seat, the full payment of the purchase is charged to the card account used to make the Instant Purchase. Instant Purchases can be paid for using an accepted credit card, debit card or prepaid card.
4.6. Eligible Guests will receive a notification email confirming their Neighbour-Free Seat:
a. All notifications concerning an Instant Purchase will be communicated to the Eligible Guest via email to the email address provided by the Guest when the Instant Purchase was submitted. For security reasons, this email address is not capable of being amended.
4.7. In the event the Eligible Guest purchases an Instant Purchase Neighbour-Free Seat:
a. the Eligible Guest will be notified via email and charged the full amount of the Instant Purchase; and
b. the total amount to be paid includes all applicable pre-payable taxes and fees (if any) for the Neighbour-Free Seat. The total amount to be paid will be disclosed to the Eligible Guest prior to submission of the Instant Purchase.
4.8The Eligible Guest may select a seat during the Instant Purchase process via a seat map. Please note, subsequent changes to the seat selection are not possible once an Instant Purchase Neighbour-Free Seat has been purchased.
4.9 The seat next to you cannot be guaranteed as a Neighbour-Free Seat as seats may need to be changed for operational, safety or security reasons, even after boarding the aircraft. In the event of non-fulfilment, a refund will be processed in accordance with section 6.
5. Neighbour-Free Seat Inclusions
5.1 The Neighbour-Free Seat Booking will include one (1) additional seat directly adjacent to the Guest’s allocated seat (which may change to accommodate the Neighbour-Free Seat).
5.2 The following fare rules of the Original Booking will continue to apply to the Neighbour-Free Seat Booking:
- Baggage allowance,
- Change and cancellation policies and fees,
- Accrual of Velocity Points and Status Credits. No Velocity Points or Status Credits will be earned on the Neighbour-Free Seat.
5.3 Virgin Australia does not guarantee specific seat assignments to Guests who receive a Neighbour-Free Seat. Virgin Australia is unable to guarantee that all Guests on the Original Booking will be seated together or in any preferred seating configuration.
5.4 The Neighbour-Free Seat cannot be used for infant seating or to place items such as, but not limited to, carry-on baggage or musical instruments.
6. Refunds
This section 6 outlines when you may request a refund of the amount paid for a Neighbour-Free Seat under these Terms and Conditions. There may be additional circumstances where you are entitled to a refund under the Australian Consumer Law. For more information about your rights under the Australian Consumer Law, please see our Consumer Guarantees page.
6.1 In the event Virgin Australia re-accommodates a Guest who has a Neighbour-Free Seat onto another flight, for any reason other than the Guest’s act or omission, the total amount paid for the Neighbour-Free Seat will be refunded to the Guest.
6.2 To the extent permitted by law, you will receive a refund of the amount paid for a Neighbour-Free Seat only if one of the following occurs:
a. The Guest with a Neighbour-Free Seat Booking has a seat change made by Virgin Australia which results in nonfulfillment of the Neighbour-Free Seat Booking.
b. The flight for which an Eligible Guest has a Neighbour-Free Seat Booking is cancelled by Virgin Australia, and Virgin Australia re-accommodates the Guest onto another flight.
c. The Guest is not seated next to a Neighbour-Free Seat for reasons other than the Guest’s act or omission – including, but not limited to, a change in aircraft, operational, safety or security reasons, or a delay in a Virgin Australia connecting flight that results in the Guest missing their connection for which they received the Neighbour-Free Seat.
Refunds under clauses 6.2 are automated and will be refunded to the form of payment that was used to pay for the Neighbour-Free Seat Booking
6.3 If a Guest with a Neighbour-Free Seat Booking is assigned a different seat that is not like-for-like to their purchased Standard or Preferred Seat selection in their Original Booking, the Guest may request a refund of their original seat fee (“like-for-like" being another seat which is the same seat type (window, middle or aisle) in the two rows in front of or behind your original selected seat).
6.4 For refunds under clause 6.3 the Guest is required to complete and submit a request through Virgin Australia’s reservation and general enquiries form. The request for a refund must include information to support their request. If a Guest is unable to provide sufficient information to enable Virgin Australia to assess the request, Virgin Australia may not be able to process the refund.
6.5 Refunds under clause 6.2 or 6.3 will be processed in the currency in which the Neighbour-Free Seat amount or original seat fee (as applicable) was charged. Refunds are limited to the amount paid. No bank-related charges will be refunded. Refunds will be refunded to the form of payment that was used to pay for the Neighbour-Free Seat or original seat fee.
6.6 Where refunds are made for the reasons specified in 6.2 or 6.3, the amount paid for the Neighbour-Free Seat or original seat fee (as applicable) will be refunded and Virgin Australia will have no further liability to the Guest in respect of the Neighbour-Free Seat or purchased Standard or Preferred seat, except as provided under the Australian Consumer Law or other applicable laws.
7. General
7.1 You have certain rights under the Australian Consumer Law. These include Consumer Guarantees that the services we provide to you will be carried out by us with due care and skill, will be fit for purpose and will be supplied within a reasonable time. You may have rights to seek a remedy from us where we fail to provide services to you in accordance with the Australian Consumer Law.
Nothing in these Terms and Conditions affect those rights or any other statutory rights you may have under applicable laws that cannot be excluded.
7.2 Virgin Australia reserves the right to modify and change these Terms and Conditions from time to time. The Terms and Conditions which apply to an Offer and Neighbour-Free Seat are those in effect at the date an Offer is submitted, as published on our website.
7.3 The failure by Virgin Australia to exercise its right will not be construed as a waiver or relinquishment of the future performance of any of its rights, and the Guest’s obligations with respect to such future performance shall continue in full force and effect.