Terms & Conditions

Qalam operates a business-to-business (B2B) online travel platform through which registered travel agents may search, book and issue air tickets and access related travel services sourced from airlines, global distribution systems (GDS), consolidators and other third-party suppliers (together, the Upstream Suppliers).

These Terms set out the commercial terms and conditions on which Qalam grants registered Agents access to the Platform to book and issue travel services for their own customers.

Qalam grants the Agent non-exclusive, non-transferable access to the Platform for the purpose of making Bookings for the Agent's own bona fide customers.

The Agent acts as principal towards its own customers. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between the Parties, and neither Party may bind the other.

The Agent shall not resell, sublicense or share Platform access, credentials or content with any third party without Qalam's prior written consent.

Ticketing service fee — USD 0.00. Qalam charges no ticketing or issuance service fee. All flight ticket issuance through the Platform is free of charge to the Agent.

Net-to-net pricing. All Bookings are priced on a strict net-to-net basis: the Agent pays exactly the Net Fare displayed on the Platform, being the amount Qalam receives from the Upstream Supplier, with no mark-up added by Qalam. The Agent is free to determine its own selling price and service fees to its customers.

Reissues and changes. Each reissue, date change or revalidation processed by Qalam is chargeable at a service fee of up to a maximum of USD 5.00 per transaction, in addition to (a) any change penalty imposed by the Upstream Supplier and (b) any applicable fare and/or tax difference, both passed through to the Agent at cost in accordance with the Supplier Rules.

Refunds and cancellations. Each refund or cancellation processed by Qalam is chargeable at a service fee of up to a maximum of USD 5.00 per transaction, in addition to any cancellation or refund penalty imposed by the Upstream Supplier, deducted at cost from the refundable amount. Refunds are payable to the Agent only after the corresponding funds have been received by Qalam from the Upstream Supplier.

Supplier Rules prevail. All reissues, refunds, voids and no-shows are at all times subject to, and processed strictly in accordance with, the applicable Supplier Rules. Non-refundable fares remain non-refundable regardless of any Qalam service fee. Qalam has no discretion to waive or alter Upstream Supplier penalties.

Unless otherwise agreed in writing, the Platform operates on a prepaid (top-up) wallet basis. The Agent must maintain a sufficient cleared balance before issuing any Booking; the Net Fare and any applicable Service Fee are deducted from the wallet at the time of issuance.

Where Qalam grants a credit facility, the Agent shall settle invoices within the agreed credit period. Qalam may suspend issuance, reduce or withdraw credit, and/or require security or a deposit at any time, acting reasonably.

All payments shall be made in USD (or such other currency as Qalam notifies) in cleared funds, free of any deduction, set-off or bank charges. Where currency conversion applies, the exchange rate displayed on the Platform at the time of the transaction governs.

Overdue amounts bear interest at 1.5% per month (or the maximum permitted by law, if lower) from the due date until payment in full.

The Agent is fully responsible for the accuracy of all Booking data it enters, including passenger names, dates, routings and passport/visa details. Costs arising from Agent errors, duplicate bookings, fraudulent bookings, fictitious names, speculative or churning bookings shall be borne by the Agent.

Any ADM, debit memo, penalty or charge raised by an airline, IATA/BSP, GDS or Upstream Supplier that is attributable to the Agent's actions or omissions shall be passed through to the Agent at cost and is payable on demand.

The Agent is responsible for all chargebacks and payment disputes raised by its own customers and shall indemnify Qalam against any resulting loss.

Qalam acts solely as an intermediary/consolidator between the Agent and the Upstream Suppliers. The contract of carriage is at all times between the passenger and the airline or service provider, and is governed by the Supplier Rules and applicable conventions.

Qalam is not liable for schedule changes, delays, cancellations, denied boarding, route changes, airline insolvency or any act or omission of an Upstream Supplier, nor for Platform downtime caused by GDS or third-party systems — save that Qalam shall use reasonable efforts to assist the Agent in resolving such matters.

To the maximum extent permitted by law, Qalam's total aggregate liability under these Terms in any twelve-month period shall not exceed the total Service Fees paid by the Agent to Qalam in that period, and neither Party is liable for indirect, consequential or special loss, or loss of profit or goodwill.

Nothing in these Terms excludes liability for fraud, wilful misconduct or any liability that cannot be excluded by law.

These Terms apply from the date the Agent registers for the Platform and continue until the Agent's account is closed by either Party on thirty (30) days' written notice.

Qalam may suspend Platform access immediately, or terminate these Terms with immediate effect, if the Agent: (a) fails to pay any amount when due; (b) commits fraud or misuse of the Platform; (c) breaches these Terms and fails to remedy within seven (7) days of notice; or (d) becomes insolvent or ceases business.

Termination does not affect accrued rights or obligations, including the Agent's obligation to pay all outstanding amounts, ADMs and pass-through charges arising from Bookings made before termination.

Each Party shall keep confidential the other Party's non-public commercial information, including net fares and pricing displayed on the Platform, and use it solely for the purposes of these Terms.

Each Party shall comply with applicable data protection laws (including the Kenya Data Protection Act, 2019) in respect of passenger personal data, and shall process such data only as necessary to fulfil Bookings.

Force majeure. Neither Party is liable for delay or failure caused by events beyond its reasonable control, provided payment obligations are not excused.

Assignment. The Agent may not assign these Terms without Qalam's prior written consent.

Entire agreement; variation. These Terms (together with the published fee schedule and any specific written arrangement between Qalam and the Agent) constitute the entire agreement between the Parties regarding use of the Platform. In the event of conflict, a specific signed arrangement prevails over these Terms.

Notices. Notices shall be in writing and sent to the email addresses registered on the Platform or otherwise notified by a Party from time to time. Qalam may also give notice by posting on the Platform.

Governing law and disputes. These Terms are governed by the laws of the Republic of Kenya. The Parties shall first attempt to resolve any dispute amicably within thirty (30) days, failing which the dispute shall be referred to the courts of Kenya (or, if the Parties agree, to arbitration in Nairobi under the Arbitration Act, 1995).

Qalam may update these Terms from time to time by publishing a revised version on the Platform with a new "Last updated" date. Material changes (including fee changes under Clause 4) take effect thirty (30) days after publication or notice to the Agent, whichever is earlier. Continued use of the Platform after the effective date of any revision constitutes acceptance of the revised Terms.

These Terms were last updated on 15 July 2023. The Agent's registration for, access to or use of the Platform constitutes its full acceptance of these Terms; no signature is required for these Terms to be binding.