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 time on which Virgin Australia Economy X bid begins accepting Offers at 48 hours prior to departure until 2 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.
"Economy X" refers to the Economy X seat on the Virgin Australia operated service. This includes the overwing exit seats.
"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.
“Invitation” means an invitation that Virgin Australia extends to an Eligible Guest to make an Offer for an Economy X seat.
"Offer" means the total amount of money that an Eligible Guest has offered to travel with Economy X.
"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.
"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.
1. Purchasing Economy X
1.1 These Economy X terms and conditions apply to your purchase of Economy X seats 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.
1.2 Economy X is available on flights operated by Virgin Australia and Virgin Australia International and selected Virgin Australia marketed flights which are operated by third parties on behalf of Virgin Australia. Economy X is otherwise not available on flights operated by our codeshare and other third-party airline partners.
1.3 Virgin Australia may change its published prices at any time. You will be required to pay the Economy X price that is published at the time you purchase an Economy X seat. Prices may vary by sale channel due to system functionality.
1.4 Economy X fees are per person, one way and per sector.
1.5 Economy X fees are in the applicable booking currency, being the country of origin specified in your booking or purchase.
1.6 Velocity Platinum and Platinum Plus members and up to 8 additional companions travelling on the same booking may reserve an Economy X seat for free on domestic and short-haul international flights operated by Virgin Australia if available at the time of the request. Economy X seats will not be automatically assigned to Platinum and Platinum Plus members.
1.7 Economy X seats are subject to availability and may be sold out at the time of booking or at any time prior to your travel date.
1.8 Velocity members will not earn Velocity Points or Status Credits on the amount paid for an Economy X seat.
1.9 Economy X seats include a number of featured benefits which may vary depending on whether your flight is domestic or international short-haul, your departure airport and your aircraft type. A full list of benefits can be found on our website.
1.10 Should any benefits included for your specific booking be removed after you purchased an Economy X seat but prior to your travel date, we will try to give you reasonable notice of these changes if they are material changes. Where we remove a benefit, you may be entitled to a refund in accordance with clause 3 below.
1.11 Economy X seats may or may not be able to recline.
1.12 We will endeavour to accommodate your Economy X seat selection. However, we do not guarantee you any particular Economy X seat, even if you have nominated a seating preference or if you have paid to be seated in a particular seat. We may change your Economy X seat at any time, even after you have boarded the aircraft for any reason, including for safety or operational reasons. If this happens, you may be entitled to a refund in accordance with clause 3 below.
1.13 If you choose to change your booking from a direct flight to connecting flights, you will need to pay an additional Economy X fee for the additional sector. This additional fee will be payable at the time you make the change.
1.14 Economy X fees are non-transferrable (to other passenger) and cannot be used towards any other service or product.
1.15 These Economy X terms and conditions are in addition to, and do not vary the fare rules that apply to your fare.
1.16 To the extent of any inconsistency between these Economy X terms and conditions and the Conditions of Carriage, the Conditions of Carriage shall prevail.
2. Bidding for an Economy X Seat
2.1. 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 an Economy X 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.
2.2. Virgin Australia may set a minimum and maximum amount for an Offer for each flight sector where Economy X is 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 Economy X seats and the number and amount of Eligible Guest Offers.
2.3. If there are multiple Guests in the Original Booking, the Eligible Guest can only submit an Offer for one Economy X seat per Guest.
2.4. Eligible Guests can submit, modify or cancel an Offer by:
a. visiting the Virgin Australia homepage and entering their booking reference and surname in the fields provided; or
b. following the link contained in an email confirming the Eligible Guest Offer (modify or cancel).
2.5. An Offer, when submitted by an Eligible Guest, entitles the Guest named in the Original Booking to be considered for an Economy X seat, subject to these terms and conditions.
2.6. 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.
2.7. 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.
2.8. 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.
2.9. 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. 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.
2.10. 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.
2.11 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.
2.12. Virgin Australia reserves the right, to decide whether or not an Offer is successful, and makes no representation that any Guest will receive an Economy X seat, regardless of whether or not seats are available on the flight for which an Offer is made, or if an Offer is the highest Offer amount.
2.13. In the event Virgin Australia selects an Economy X 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 Economy X seat. The total amount to be paid will be disclosed to the Eligible Guest prior to submission of the Offer.
2.14 If you request a flight change or cancellation following fulfillment of your Economy X Offer, you will not receive a refund of the Economy X Offer
3. Refunds and your rights
3.1 This section 3 outlines when we will provide you with a refund of the Economy X fee you have paid under these terms and conditions. There may be additional circumstances where you are entitled to a refund of the Economy X fee under the Australian Consumer Law. For more information about your rights under the Australian Consumer Law, please see our Consumer Guarantees page.
3.2 In the event Virgin Australia re-accommodates you onto another flight, for any reason other than the Guest’s act or omission, Virgin Australia will use reasonable endeavours to transfer you to an Economy X seat on the new flight. The transfer of Economy X seats in these circumstances is subject to availability.
3.3 If we do not provide you with an Economy X seat that you purchased, you are entitled to request a refund of the Economy X fee, for that specific part of the journey, if:
(a) you were rebooked to another flight:
(i) by Virgin Australia for reasons within its control (as set out in clause 8 of our Guest Compensation Policy);
(ii) because you missed your connecting Virgin Australia flight after an inbound flight on Virgin Australia or its codeshare partners;
(b) Virgin Australia cancelled your flight and you were unable to be reaccommodated on another flight;
(c) we changed the aircraft operating your flight and there were no Economy X seats available on the alternative aircraft;
(d) we used our right to assign or reassign your Economy X seat either before or after boarding for operational, safety, security or other reasons, and you were not provided with another like-for-like Economy X seat. “Like-for-like” being another Economy X seat of the same seat type (i.e. window, middle or aisle) within the Economy X area either in the row directly in front, or directly behind your original selected Economy X seat);
(e) you were seated in an exit row, however were assigned a standard Economy seat because you no longer wanted to sit in an exit row or no longer meet the exit row safety conditions, and we were unable to accommodate you in an alternate Economy X seat; or
(f) you purchase an upgrade to another class of travel, including UpgradeMe bid and UpgradeMe Points.
3.4 If your Economy X seat was not made via the bidding platform, and you request a flight change in the Manage Your Booking section on the Virgin Australia website and you do not re-select an Economy X seat in your updated booking, you will automatically receive a refund of the Economy X seat fee paid in your Original Booking provided your Economy X purchase was not fulfilled through the bid platform
3.5 To the extent permitted by law, Economy X fees will not be refunded if the following occurs:
(a) If you have purchased an Economy X seat and choose to change or cancel your booking;
(b) we offer you a complimentary upgrade to a higher class of travel and you accept that offer;
(c) if Virgin Australia changes or cancels your flight and Virgin Australia reaccommodates you on another flight which you accept (or if Virgin Australia changes the aircraft type for your flight) and cannot provide your Economy X seat, but can provide a like-for-like Economy X seat (“like-for-like” being another Economy X seat which is the same seat type (window, middle or aisle)); or
(d) where some of the product features are not utilised by you during your travel.
3.6 Refunds can be requested through the General Enquiries form on the Virgin Australia website or through the Manage your Booking section on our website when you update your booking in accordance with clause 3.3. If we agree that you are entitled to a refund, the Economy X fee will be refunded to the original form of payment.
4. Exit row and row 3 safety conditions
Exit row
4.1 Some Economy X seats are located in exit rows and guests must accept the exit row safety conditions to sit in these rows. If you change your mind and no longer wish to sit in these rows,or are unable to meet the exit row safety conditions at time of travel, you may move to an alternate Economy X seat outside of these rows for no additional fee. Please let us know as soon as possible if you no longer meet the exit row safety conditions. If no other Economy X seat is available, you will be assigned a standard Economy seat and may request a refund of the Economy X fee in accordance with clause 3.
4.2 To be seated in an exit row seat, you must:
(a) be 15 years or older;
(b) be physically able to reach, locate and operate the emergency exit window or door, and to quickly pass through the exit;
(c) be able to understand and acknowledge instructions given by our cabin crew in English about the tasks you will be expected to perform in an emergency evacuation and read the safety card provided by our crew for that purpose;
(d) be able to check outside conditions and respond to cabin crew commands before opening an exit;
(e) be able and willing to assist the crew and other passengers in the evacuation of the aircraft;
(f) not have any condition (be it a consequence of age, frailty, injury, physical or psychological disability, mobility, vision or hearing impairment, sickness, injury or anything else) which may prevent you from performing the duties listed above;
(g) not be travelling with a carer, a guide dog or an assistance animal;
(h) not be carrying an infant; and
(i) not require the use of an extension seat belt.
Row 3
4.3 Some Economy X seats are located in row 3 of the aircraft and guests must accept the row 3 safety conditions to sit in this row. If you change your mind and no longer wish to sit in this row or are unable to meet the row 3 safety conditions at time of travel, you may move to an alternate Economy X seat outside of this row for no additional fee. Please let us know as soon as possible if you no longer meet the row 3 safety conditions. If no other Economy X seat is available, you will be assigned a standard Economy seat and may request a refund of the Economy X fee in accordance with clause 3.
4.4 To be seated in a row 3 seat, you must:
(1) not be carrying an infant; and
(i) not require the use of an extension seat belt.
5. General
5.1 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 affects those rights or any other statutory rights you may have under applicable laws (including the Australian Consumer Law) that cannot be excluded.
5.2 Virgin Australia may modify and change these terms and conditions from time to time. The terms and conditions which apply to your purchase of Economy X are those in effect at the date of purchase, as published on our website.
5.3 The failure by Virgin Australia to exercise its rights 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.