Effective 27 February 2024.
These terms and conditions set out the terms and conditions for your Mastercard®
Compensation Card (“Card”). It’s important you read this document carefully.
The Card is issued by EML Payment Solutions Limited (‘EML’) ABN 30 131 436 532,
AFSL 404131 (“Issuer”). The Issuer can be contacted at Level 12, 333 Ann Street,
Brisbane City QLD 4000, and phone +61 7 3557 1100.
Mastercard Prepaid Management Services Australia Pty Ltd ABN 47 145 452 044
AFSL 386 837 is the card program manager of the Card and is responsible for
providing various cardholder services. Flight Disruptions Pty Ltd ABN 36 612 894 176
facilitates the management of the Card with the relevant airline. In these terms
and conditions any reference to ‘we’ or ‘us’ is a reference to the Issuer; ‘you’ are the
user of the Card.
Card balance, transaction history and important notices about your Card are
available at https://flightdisruptions.com/cashless-payment-cards/.
The Card is subject to expiry and you will not be able to access any
remaining Card balance after the expiry date.
1. You agree to these Terms and Conditions by activating a Card, signing the back
of a Card, or using a Card in any way including making a purchase using the
Card. . The Card must be signed. You must give these terms and conditions to
the user of the Card if it is not you. The Card remains our property. Once a Card
has been signed neither it, nor the contract between you and us is transferable
by you. The Card may only be used by the person who has signed it. We may
transfer this contract to someone else. The Issuer does not need your consent
to transfer its rights. The Issuer will notify you in writing as soon as reasonably
practicable if it is reasonable to do so.
2. The Card can be loaded with a balance between AUD $0.01 and AUD $999 by
the relevant airline. No further reloads are permitted. The maximum amount
for point of sale purchases or ATM withdrawals is up to the value of the Card
per 24 hour period.
3. The Card is subject to expiry. The Card is issued to you to cover short term
expenses as reimbursement for loss suffered by you as a result of service
disruptions at the time of travel. It has a short-term expiry of 3 months from
the activation date, that is, the date in which the relevant airline has loaded
and activated the Card. You did not contribute the funds on the Card and have
no claim to any that have not been used when the Card expires. On expiry of
the Card, you will not be able to access any funds that remain on the Card and
those funds will be forfeited by us to Flight Disruptions Pty Ltd for the purposes
of protecting the Issuer’s legitimate interests relating to the Flight Disruptions
program.
The Card can be used for purchasing goods and services where Mastercard
cards are accepted for electronic transactions. The Card is not a credit card
and nor is it linked to a deposit account with us or any financial institution.
Some merchants may choose not to accept the Card. Merchants or other
providers may impose limits on the use of your Card. We are not responsible if a
merchant refuses to accept a Card, except to the extent there has been fraud,
negligence or willful misconduct on our part (including that of our officers,
employees, contractors or agents). If you have a complaint or concern about
goods or services purchased with your Card, you must resolve this directly with
the merchant. Any refunds on Card transactions are subject to the policy of
the specific merchant. Refunds may be in the form of a credit to the Card, cash
refund or in-store credit. The Card is not a gift card and you do not load your
own funds onto the Card. The Card is issued to you for the limited purposes of
the Flight Disruptions program (that is, as a form of temporary compensation
for a disruption to your flight). This means that, if the Card expires or is revoked
before you have spent any funds resulting from a refund (whether or not the
original transaction was made using the Card), then you will have no access to
those funds and will have no right to the funds under any unclaimed moneys
claims process.
4. The Card can be used at ATMs but cannot be used for making direct debit,
recurring or regular instalment payments. Authorisations may be declined at
some merchants (such as gambling merchants or merchants who choose not
to accept the Card). We are not liable in any way when authorisation is declined
for any particular transaction except to the extent there has been fraud,
negligence or willful misconduct on our part (including that of our officers,
employees, contractors or agents).
5. When using the Card with some merchants (such as hotels, taxis, rental cars
and cruise ships) or for mail order purchases, Card “tolerance limits” may apply.
This means that the authorisation or approval obtained on the Card can be
for an amount up to 20% or more than the total bill (or anticipated bill) to
cover additional items such as tips and incidentals or to ensure that adequate
funds are available to cover the final purchase. The entire amount of the
authorisation or approval will be debited and will not form part of the available
balance until the authorisation or approval clears, although only the amount
actually spent or authorised will be finally deducted from the available balance
after the authorisation or approval clears.
6. You may use the Card as often as you like until the available balance is spent
or the Card has expired. The available balance cannot be exceeded. Where a
purchase exceeds the available balance, you will need to pay the excess using
another payment method, if the merchant agrees. The Card can be used on
more than one occasion but cannot be used to make transactions that exceed
the available balance.
7. The Card is not reloadable and is valid for a period of 3 months from the
activation date, that is, the date in which the relevant airline has loaded and
activated the Card (“the Available Period”). The expiration date can be found at
https://flightdisruptions.com/cashless-payment-cards/ and the funds cannot
be used after the Available Period. Any remaining balance after the Available
Period will be forfeited. We will not give you any notice before this happens.
8. Card Fees
The following fees apply to your Card:
Balance and transaction history –
online
FREE
ATM withdrawal fee Free for the first withdrawal and
the following for each subsequent
withdrawal:
AUD – 3.00
GBP – 2.00
JPY – 260
HKD – 18.00
EUR – 2.50
CAD – 3.50
NZD – 3.50
USD – 2.50
SGD – 3.50
THB – 80.00
AED – 10.00
Foreign currency conversion fee 3.5% of the transaction value applies
when you make a transaction on your
Card in a currency other than AUD
or you make a transaction on your
Card in any currency (including AUD)
that is processed by a Card scheme
or billed by the merchant outside of
Australia.
9. Subject to any applicable law, we may deduct from the Card balance any
government duties, taxes, rates or charges now or in the future charged upon
or in relation to the use of your Card or transactions deducted from the Card
balance, whether or not you are primarily liable for such duties, taxes, rates or
charges.
10. When you make a transaction on your Card in a currency other than AUD, a
foreign conversion will be performed at the applicable exchange rate and the
Foreign Currency Conversion Fee (set out in the above table) will be applied to
the amount of the transaction. The applicable exchange rate used is either:
a. A wholesale market rate selected by Mastercard from a range of wholesale
rates one day before the transaction is processed by Mastercard; or
b. The government-mandated rate in effect for the applicable processing
date.
11. The Card is like cash. To the extent permitted by law, we have no obligation
to replace or refund value for misused, lost or stolen Cards except where we
have breached any condition or warranty implied under consumer protection
legislation or to the extent there has been fraud, negligence or willful
misconduct by us (including that of our officers, employees, contractors or
agents). You should not interpret anything in these Terms and Conditions as
excluding, restricting or modifying any guarantee, condition or warranty which
is implied by the Australian Consumer Law. Where we are liable for a breach of
these Terms and Conditions, then our liability is limited to:
a. the supplying of the services again; or
b. the payment of the cost of having the services supplied again.
A request to replace a damaged Card may be made to the relevant airline that
issued you the Card.It will be at the discretion of the relevant airline whether
a replacement card is issued. If a replacement Card is issued, the replacement
Card will be loaded with an amount as determined by the relevant airline.
12. You are liable for all transactions on the Card, except to the extent there has
been fraud, negligence or willful misconduct by us (including that of our officers,
employees, contractors or agents). Lost or stolen Cards will not be replaced,
except where the relevant loss is the result of an act or omission of ours so keep
your Card secure at all times.
13. The personal identification number (“PIN”) is found on a secure tab on the Card
carrier. You will be responsible for ensuring you keep the Card, the PIN (and any
related security information) safe and secure. The Card will be disabled if an
incorrect PIN is entered three (3) times.
14. To protect your Card, you should:
a. Sign it as soon as you receive it;
b. Carry it with you whenever you can and not leave it unattended;
c. Regularly check that you still have your Card and check your transaction
history online;
d. Not allow anyone else to use a Card that you have signed;
e. Do not disclose the PIN (or any related security information) to any third
party including the police and/or Mastercard Prepaid;
f. Comply with any reasonable instructions issued to you in respect of keeping
the Card and the PIN safe and secure; and
g. Do not interfere with any magnetic stripe or integrated circuit on the Card.
15. You are responsible for checking your transaction history online and knowing
your available balance. You can check your balance and transaction history free
of charge at https://flightdisruptions.com/cashless-payment-cards/.
16. If you have a complaint, please approach the service counter of the relevant
airline in which you received the Card in the first instance.
17. If the relevant airline is not able to resolve your complaint, please call 1300
777 380 or email [email protected]. Your complaint
will be acknowledged promptly, either verbally or in writing. If the complaint
is not resolved within 5 business days, a written response providing the final
outcome will be provided within no later than 30 days. The aim is to resolve all
complaints within 21 days. However, in some cases it may take up to 30 days.
Your complaint may take a little longer to assess if more information is required
or if your complaint is complex. In all cases, you will be updated on the progress.
You can ask for information about how complaints are managed in alternative
formats and languages upon request by calling 1300 555 727. If you have a
hearing or speech impairment, you can access additional support through
National Relay Service on 1300 555 727.
If you are not satisfied with the written response provided, you may be able to
pursue it with the Issuer. To contact the Issuer, EML, about your complaint:
Phone: 1300 739 889 between 8:30am to 5pm Queensland time
Website: www.emlpayments.com
Email: [email protected]
Mail: EML, Level 12, 333 Ann Street, Brisbane City QLD 4000
18. We may suspend use of the Card and/or ask that you return the Card with
at least 14 days’ notice to you. However, we may suspend and/or ask that you
return the Card immediately and without notice if:
a. the Issuer has reason to suspect the Card has been or is likely to be misused;
b. you breach any of these Terms and Conditions and the Issuer reasonably
considers that this is likely to have a material impact on your ability to meet
the obligations of these Terms and Conditions);
c. the Issuer has reason to suspect any illegal use of the Card, such as fraud or
criminal activity; or
d. you gave us or the Issuer false, inaccurate or incomplete information when
you applied for the Card.
19. We reserve the right to change these Terms and Conditions of Use at any time.
Except where we are required by a law or a code to do so, or the change is
materially adverse to you, you will not receive advance notice of such changes.
If the change is materially adverse to you, we will notify you at least 14 days
before the effective date of the change. However, if the change is made for
one or more of the following reasons we can implement such change without
prior notice:
a. to comply with any change or anticipated change in any relevant law, code
of practice, or guidance;
b. to reflect any decision of a court, ombudsman or regulator; or
c. for security reasons where reasonably necessary to address security
concerns or vulnerabilities.
20. If you do not accept the updated Terms and Conditions, you should cease using
the Card The current version of these terms and conditions will be available at
https://flightdisruptions.com/ cashless-payment-cards/.
21. If we fail to exercise or delay in exercising any of our rights under these terms
and conditions, that failure or delay does not constitute a waiver of our rights.
22. These terms and conditions are governed by the law of New South Wales.
23. Mastercard Prepaid Management Services Australia Pty Ltd arranges for
the issue of the Card in conjunction with the Issuer pursuant to a license
by Mastercard Asia/Pacific Pte Ltd. You should consider these terms and
conditions before deciding to acquire the product. Any advice does not take
into account your personal needs, financial circumstances or objectives and you
should consider if it is appropriate for you.
24. Mastercard and the circles design are registered trademarks of Mastercard
International Incorporated.