TERMS AND CONDITIONS OF USE
Effective as of February 14, 2018
In these TERMS, “WE”, “US”, “OUR” or “FLYSCRIBE” refers to FLYSCRIBE SAS, 51, rue de la Harpe – 75005 Paris – France, a limited liability company formed under the laws of the Republic of France, and “YOU” or “YOUR” refers to YOU as the user of OUR WEBSITE. We inform YOU that FLYSCRIBE performs as an independent company. Nothing contained in these TERMS will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
By accessing or using OUR WEBSITE, or contacting OUR support center, YOU agree that these TERMS then in force shall apply. If YOU do not agree to the TERMS, please do not use or access OUR WEBSITE or contact OUR support center. We may modify these TERMS, for any reason at any time, by posting a new version on OUR WEBSITE; these changes do not affect rights and obligations that arose prior to such changes. YOUR continued use of OUR WEBSITE following the posting of modified TERMS will be subject to the TERMS in effect at the time of YOUR use. PLEASE REVIEW THESE TERMS PERIODICALLY FOR CHANGES. If YOU object to any provision of these TERMS or any subsequent modifications to these TERMS or become dissatisfied with OUR WEBSITE in any way, YOUR ONLY recourse is to immediately terminate use of OUR WEBSITE. We recommend YOU save and/or print out a copy of these TERMS for YOUR future reference.
ARTICLE I. WHAT DOES FLYSCRIBE PROVIDE?
1.1. FLYSCRIBE does provide memberships, subscriptions and/or the ability to perform one-time flight purchases. The travel products as flights (the “TRAVEL PRODUCTS”) are owned, controlled or made available by third parties (the “TRAVEL PROVIDERS”), either directly (e.g. an airline company) or through a facilitator of flight reservations or an agent (e.g. online travel agency).
1.2. When YOU purchase TRAVEL PRODUCTS through the WEBSITE, YOU will enter into two agreements: (i) one agreement between YOU and the TRAVEL PROVIDERS relating to the provision of the TRAVEL PRODUCTS required and (ii) one agreement between YOU and US.
1.3. The TRAVEL PROVIDERS are responsible for the TRAVEL PRODUCTS. The TRAVEL PROVIDER’S TERMS AND PRIVACY POLICIES APPLY TO YOUR BOOKING, SO YOU MUST AGREE TO, AND UNDERSTAND THOSE TERMS. YOUR interaction with any TRAVEL PROVIDER accessed through OUR WEBSITE is at YOUR own risk and FLYSCRIBE does not have any responsibility should anything go wrong especially with YOUR booking or during YOUR travel.
1.4. FLYSCRIBE has no control over the TRAVEL PRODUCTS or TRAVEL PROVIDERS.
FLYSCRIBE hosts content, including prices, images and other information, made available by or obtained from TRAVEL PROVIDERS (“PROVIDER CONTENT”). FLYSCRIBE is in no way responsible or liable for the accuracy, quality, completeness, reliability, timeliness or trustworthiness of such PROVIDER CONTENT and FLYSCRIBE has no influence over the PROVIDER CONTENT.
ARTICLE II. BOOKING THROUGH FLYSCRIBE.
2.1. If YOU make a booking through OUR WEBSITE for TRAVEL PRODUCTS, that booking is made with the TRAVEL PROVIDER named on the booking page and OUR WEBSITE only acts as a user interface. Accordingly, FLYSCRIBE has no responsibility for the booking or the TRAVEL PRODUCT because FLYSCRIBE is not involved in creating the description of the TRAVEL PRODUCT, in providing the TRAVEL PRODUCTS that YOU book.
2.2. FLYSCRIBE only acts as intermediate in the purchase of YOUR air ticket. It is IMPORTANT that YOU check the terms and conditions of YOUR airline. Moreover, airlines may charge for ancillaries’ services to the air transport service such as checked baggage, airport check-in, preferred seating, in-flight entertainment, food, drink and snacks, etc. Any charges for these additional services are not included in the price of YOUR air ticket unless explicitly provided otherwise and must be paid to the airline company.
2.3. When YOU have completed YOUR purchase order by clicking “ACCEPT AND PURCHASE”, YOU will receive an order confirmation email, containing the summary of all details of YOUR order, as a confirmation that YOUR order has been entered correctly in the systems of YOUR TRAVEL PROVIDER. OUR OBLIGATION TO PROCESS YOUR PURCHASE ORDER IS SUBJECT TO HAVING RECEIVED YOUR PAYMENT IN FULL. YOU will receive a second email, confirming that YOUR purchase of the TRAVEL PRODUCTS has been properly processed and that YOUR payment has been received in full and will contain the e-ticket number. In any case, please do not go to the airport if YOU have not received the e-ticket number for all the flights YOU have ordered.
2.4. WE reserve the right to cancel YOUR order if WE can reasonably believe it is fraudulent – i.e., the payment method is not legally valid, and/or YOU are not the legal owner of such payment method, among others. Under these circumstances, WE will attempt to contact YOU, using the email address provided by YOU. If WE cannot contact YOU, YOUR order will be automatically cancelled for security reasons.
2.5. In accordance with the EU Directive on eCommerce and their local transpositions, as applicable, WE inform YOU that the order confirmation email is the proof of YOUR contractual relationship with FLYSCRIBE. This document will be filed in FLYSCRIBE records and may be accessed by YOU at any moment, upon request.
2.6. In connection with options or special requests relating to the provision of TRAVEL PRODUCTS (e.g. specific meal on board, disabled facilities, child seats etc.), YOU must consider that FLYSCRIBE will transfer YOUR requests and preferences to the TRAVEL PROVIDER(S), but it will be necessary to wait for the TRAVEL PROVIDER(S) coming back with confirmation. Therefore, WE expressly inform YOU that the request for any or special option may cause a delay to the confirmation of YOUR purchase. During this delay, WE may not ensure that the service which YOU have ordered will be still the same as shown at time of YOUR order was made.
2.7. The chance to cancel or change a TRAVEL PRODUCT purchased through the WEBSITE, as well as the way to do so, will depend on the terms and conditions of YOUR TRAVEL PROVIDER(S), which are usually according to the sort of fare chosen (i.e. some fares do not usually allow changes or cancellations). If YOU wish to order a cancellation or a change through FLYSCRIBE, please contact US by email.
ARTICLE III. PAYMENT CONDITIONS
3.1. FLYSCRIBE is based on a membership system. To use the WEBSITE and the services offered, YOU must pay membership fees, if any, according to the amount(s) indicated on the WEBSITE at the day of your order.
3.2. If YOUR order includes one or more flights, be aware that some airlines will directly charge YOU, so payment to the airline(s) and payment to FLYSCRIBE may appear as separate transactions on YOUR bank account.
3.3. All prices which are mentioned to YOU on OUR platform are including VAT (if due at all). Note that specific VAT rules may apply.
3.4. FLYSCRIBE will also charge YOU with additional fees for using certain payment methods as stated by the applicable laws, i.e. if YOU use a corporate card or a tripartite system (e.g. American Express). Please note that OUR systems automatically detect the payment method which is used by YOU and the corresponding additional fees are charged, if any. Please, note that, if YOU pay with a credit or debit card which is held by another person than YOU, WE will assume that YOU have previously requested the permission of the card holder. FLYSCRIBE reserves the right to send e-tickets, confirmations, e-vouchers and other travel documents exclusively to the card holder.
ARTICLE IV. PASSPORT, VISAS AND HEALTH REQUIREMENTS
4.1. YOU should check accurately with the relevant embassy about passport and visa requirements in advance. It is YOUR responsibility to be in possession of a valid passport and, if appropriate, a visa. Under no circumstances can FLYSCRIBE be held responsible if YOU do not have the right travel documents or permissions.
4.2. Every destination has its own requirements concerning entry formalities, vaccinations, etc. and these may also vary depending on the nationality of the passenger. We recommend that YOU obtain this information before planning YOUR journey. FLYSCRIBE cannot be responsible for incidents deriving from customers being non-observant of these official requirements.
ARTICLE V. ELECTRONIC TICKETS
5.1. All tickets ordered through this WEBSITE are e-tickets. The e-ticketing system is a paperless method to buy airline tickets. Once YOU have made YOUR order, FLYSCRIBE will send YOU a confirmation email with YOUR flight booking reference number(s). Please note that YOU will not receive a paper ticket to show at the airport.
5.2. In this regard, WE would like to inform YOU that every airline has its own rules and procedures regarding e-ticketing, and WE would urge YOU to check these regulations before getting the airport. In any event, WE recommend YOU always having a printed copy of YOUR confirmation email containing YOUR flight booking reference number(s), although not all airlines request to see it. Some airlines apply extra charges if YOU do not print and show YOUR boarding pass at the airport. FLYSCRIBE recommends to accurately read all booking confirmation email specifications. YOU may need to check in and reprint YOUR boarding pass again if YOUR flight or passenger details change.
5.3. FLYSCRIBE understands that the information provided by YOU is right and accurate and can therefore not be responsible if YOUR e-ticket does not arrive to YOUR inbox due to an incorrect email or goes into YOUR spam folder. YOU must notify US immediately if YOU change YOUR email or telephone number. YOU must also check that the name that appears on YOUR passport coincides with the one mentioned on YOUR ticket and/or booking confirmation.
ARTICLE VI. INSURANCE.
FLYSCRIBE recommends YOU take out travel insurance for YOUR travel. We recommend to carefully read the terms and conditions of YOUR insurance policy.
ARTICLE VII. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
7.1. All the content of the WEBSITE (including, but not limited to, trademarks, texts, graphics, logos, button icons, images, audio files and software) is owned by FLYSCRIBE or its content providers and is protected by national and international industrial and intellectual property laws. Other non-FLYSCRIBE product, service, or company designations on OUR WEBSITE belong to those respective third parties and may be mentioned in OUR WEBSITE for identification purposes only. YOU should contact the appropriate third party for more complete information.
7.2. YOUR use of and access to OUR WEBSITE does not grant YOU any license or right to use any of the marks and elements included on OUR WEBSITE. Any use of the content of the WEBSITE is strictly prohibited, including its total or partial reproduction, modification, distribution, transmission, subsequent publication, exhibition and/or representation. Any type of use of the images contained on this WEBSITE outside of the WEBSITE is strictly prohibited without the express written consent of FLYSCRIBE and/or its suppliers and partners.
ARTICLE VIII. USE OF THE WEBSITE
8.1. As a condition of YOUR use of OUR WEBSITE, YOU warrant that:
- YOU are at least eighteen (18) years of age or the sufficient legal age;
- YOU possess the legal authority and capacity to enter binding contracts;
- YOU will use the WEBSITE in accordance with these TERMS which are understood and acknowledged in full;
- YOU will only use this WEBSITE for YOUR private use and;
- YOU will inform such other persons about the TERMS that apply to any searches and/or bookings YOU have made on their behalf, including all rules and restrictions applicable thereto.
8.2. YOU agree to not use the WEBSITE for illegal or improper purposes. YOU accept that the services purchased through the WEBSITE are for YOUR own use or for the use of the persons in whose name YOU are legally authorized to act.
8.3. WE RETAIN THE RIGHT, AT OUR SOLE DISCRETION, TO DENY ACCESS TO ANYONE TO OUR WEBSITE AND THE SERVICES WE OFFER, AT ANY TIME AND FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, FOR VIOLATION OF THE TERMS.
8.4. If YOU become a registered user, YOU are responsible for maintaining the secrecy of YOUR passwords, login and account information. YOU will be responsible for all use of OUR WEBSITE by YOU, anyone using YOUR password and login information (with or without YOUR permission) and anyone whom YOU allow to access YOUR travel itineraries. Before and during use of the WEBSITE, all information that YOU provide to US must be true, accurate, complete and up-to-date. If any of YOUR information changes, YOU must immediately update it. YOU warrant keeping this information updated. If YOU have reason to believe that YOUR account is no longer secure (e.g. loss, theft or unauthorized disclosure or use of YOUR information or computer or mobile device used to access OUR WEBSITE), YOU must promptly change YOUR personal information that is affected.
8.5. If YOU decide to receive messages or other communications from OUR WEBSITE directly to YOUR mobile device, YOU are solely responsible for keeping US updated with YOUR current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred to receive such messages. We will not be liable for information sent to a device that is associated with YOUR outdated mobile phone number or using an outdated mobile app. If YOU install any software or enable any service that stores information from OUR WEBSITE on any mobile device or computer, it is YOUR responsibility, prior to transfer or disposal of such device, to remove YOUR information or otherwise disable access to such software or service, in order to prevent unauthorized access to YOUR information or account.
8.6. YOU may only use OUR WEBSITE to search for legitimate travel plans and YOU may not use OUR WEBSITE to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand.
8.7. The TRAVEL PRODUCTS presented on the WEBSITE are displayed in local currency. All displayed prices include, the applicable sales tax.
ARTICLE IX. PROHIBITED ACTIVITIES
9.1. The content and information on OUR WEBSITE (including, but not limited to, price and availability of fly services) as well as the infrastructure used to provide such content and information, is proprietary to US or OUR suppliers and providers. YOU agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this WEBSITE.
9.2. In addition, YOU agree not to do any of the following without prior express written permission of FLYSCRIBE:
– (i) access the WEBSITE with any manual or automated process for any purpose other than YOUR personal use or for inclusion of FLYSCRIBE pages in a search index. Use of any automated system or software to extract data from OUR WEBSITE (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
– (ii) violate the restrictions in any robot exclusion headers on OUR WEBSITE or bypass or circumvent other measures employed to prevent or limit access to OUR WEBSITE;
– (iii) deep-link to any portion of OUR WEBSITE for any purpose;
– (iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of OUR WEBSITE or take any action that imposes an unreasonable load on OUR computer or network equipment;
– (v) reproduce, duplicate, copy, sell, trade, resell or exploit OUR WEBSITE;
– (vi) use any feature of OUR WEBSITE for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by US;
– (vii) post or distribute any material on OUR WEBSITE that violates the rights of any third party or applicable law;
– (viii) use OUR WEBSITE to collect or store personal data about others;
– (ix) use OUR WEBSITE or its contents for any purpose, including commercial ones, except for YOUR private use;
– (x) transmit any ad or promo materials on OUR WEBSITE;
– (xi) make any speculative, false or fraudulent reservation;
- (xii) violate the restrictions in any robot exclusion headers on OUR WEBSITE or bypass or circumvent other measures employed to prevent or limit access to OUR WEBSITE;
- (xiii) take any action that imposes, or may impose, in OUR discretion, an unreasonable or disproportionately large load on OUR infrastructure;
- (xiv) “frame”, “mirror” or otherwise incorporate any part of OUR WEBSITE into any other WEBSITE and/or;
- (xv) resell the services purchased through the WEBSITE to anyone.
9.3. We may, at OUR sole discretion, at any time and without notice or liability, suspend, terminate or restrict YOUR access to all or any components of OUR WEBSITE. Further, YOU can always delete YOUR account.
9.4. If YOUR activity on OUR WEBSITE shows signs of fraud, abuse or suspicious activity, at its own judgment, FLYSCRIBE may deny its services to YOU and close any associated FLYSCRIBE accounts. If YOU have conducted any prohibited activity, FLYSCRIBE reserves the right to take any necessary legal action and YOU may be liable for monetary losses to FLYSCRIBE, including litigation costs and damages.
9.5. YOU may not assign, delegate or transfer YOUR rights or obligations under these TERMS.
ARTICLE X. OUR LIABILITY IS LIMITED
10.1. FLYSCRIBE makes no representation about the suitability of the content displayed on OUR WEBSITE for any purpose. ALL CONTENT AND ANY OTHER INFORMATION PROVIDED ON OUR WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FLYSCRIBE disclaims all warranties and conditions that the WEBSITE, its servers or any email sent from FLYSCRIBE are free of viruses or other harmful components of any kind. FLYSCRIBE hereby disclaims all warranties and conditions about any content or any other information provided on OUR WEBSITE, including all implied warranties and conditions of merchantability, fitness for a response, title and non-infringement.
10.2. The TRAVEL PROVIDERS are independent from FLYSCRIBE and are not agents or employees of FLYSCRIBE. FLYSCRIBE is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any TRAVEL PROVIDER, including for injuries, death, property damage, or other damages or expenses resulting therefrom. FLYSCRIBE WILL NOT BE LIABLE FOR ANY CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL.
10.3. FLYSCRIBE does not accept responsibility for the uninterrupted accessibility to OUR WEBSITE and may carry out technical or maintenance work on the WEBSITE at any of its choosing.
If, despite the limitation above, FLYSCRIBE is found liable for any loss or damage which arises out of, or in any way connected with, any of the occurrences described above, then the liability of FLYSCRIBE will in no event exceed, in the aggregate, fifty Euros (€50.00).
ARTICLE XI. YOU AGREE TO PROTECT US
Subject to these TERMS, YOU will defend, indemnify and hold US and each of OUR officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including but not limited to reasonable legal and accounting fees, arising out of, or brought by third parties as a result of:
- YOUR breach of these TERMS or the documents referenced herein;
- YOUR violation of any law or the rights of a third party; or
- YOUR use of OUR WEBSITE.
ARTICLE XII. LINKS TO THIRD-PARTY WEBSITES
ARTICLE XIII. PRIVACY
ARTICLE XIV. APPLICABLE LAW- DISPUTE RESOLUTION
14.1. The TERMS shall be constructed and governed by the laws of France.
14.2. FLYSCRIBE is committed to customer satisfaction, so if YOU have a problem or dispute, WE will try to resolve YOUR concerns. But if WE are unsuccessful, YOU may pursue claims as explained in this section in the respect of all the terms and conditions of the TERMS.
14.3. YOU agree to give US an opportunity to resolve any disputes or claims relating in any way to the WEBSITE, any dealings with OUR customer service agents, any services or products provided, any representations made by US, or OUR PRIVACY STATEMENT (“CLAIMS”) by contacting FLYSCRIBE’s Customer Support Center at the following email address: firstname.lastname@example.org.
14.4. If WE are not able to resolve YOUR CLAIMS within sixty (60) days, the CLAIM shall be submitted to the Paris competent courts.
14.5. To the extent permitted by law, YOU agree that any CLAIMS arising out of or connected with OUR WEBSITE and/or these TERMS, will be resolved individually, without resort to any form of class action.
ARTICLE XV. ADDITIONAL TERMS
15.1. OUR performance of these TERMS is subject to existing laws and legal process, and nothing contained in these TERMS limits OUR right to comply with law enforcement or other governmental or legal requests or requirements relating to YOUR use of OUR WEBSITE or information provided to or gathered by US with respect to such use.
15.2. If any part of these TERMS is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. OUR failure or delay in enforcing any provision of these TERMS at any time does not waive OUR right to enforce the same or any other provision(s) hereof in the future.
15.3. Fictitious names of companies, products, people, characters, and/or data mentioned on this WEBSITE are not intended to represent any real individual, company, product or event.
15.4. Any rights not expressly granted herein are reserved.
15.5. If YOU are traveling into or out of the EU, or using an EU airline, YOU may have rights which YOU can claim to the relevant airline in the event that YOUR flight is cancelled, delayed or YOU are denied boarding. Please consult Regulation (EC) 261/2004 or contact OUR customer Services Department.
15.6. It is important that YOU check the following:
– (i) minimum check-in time for YOUR flight. The recommended minimum check-in time for international flights is 120 minutes prior to departure and for domestic flights, 90 minutes before departure. Nevertheless, some airports and/or airlines may require a longer time;
– (ii) if YOU have a return ticket, whether the airline requires YOU to reconfirm YOUR return flight booking at least 72 hours before travel. If YOU do not reconfirm YOUR return route directly with the airline, it could be cancelled;
– if YOU have chosen a special fare or better price, whether there are stopovers in YOUR flight. Some itineraries require a change of plane during the trip. A flight described as “direct” is when there is no need to change planes during the trip. Nevertheless, there could be stops to refuel or drop off/collect passengers. The details of stopovers will be provided during the booking process and will be clearly identified both on the platform and on YOUR itinerary, which WE will send YOU when YOU make YOUR booking. It is YOUR responsibility to organize the necessary visas, as may be required due to such stopovers;
– if a passenger included in YOUR booking is pregnant on the date of return, what is the specific airline’s policy about this. For reference purposes, airlines normally refuse to transport women who are 28 weeks pregnant;
– if a passenger included in YOUR booking is a child, what is the specific airline’s policy about this.
– (iii) changes of passengers’ names and/or last names. Note that if the details on the ticket do not match with YOUR ID document, the airline can refuse YOU to board. FLYSCRIBE is not liable for this. Further to ensure that YOU have provided correctly all passengers’ personal data during the online booking process, WE recommend checking the airline’s policy on this. For reference purposes, note that changes of names and/or last names are not generally allowed by airlines, but YOU will have to cancel YOUR booking and make a new one if this happens.
15.7. In some cases, to provide special return fares, WE combine two one-way fares on different airlines or on the same airline. This means that YOU will have two separate bookings (one for YOUR outbound flight and one for YOUR inbound flight) and each booking will have its own fare rules. If YOU need to cancel one of the flights, it is possible to keep the other. Any cancellations, schedule changes or other modifications to one of the flights will not affect the other flight, and the fare rules of the other flight will still apply. For example, if YOU cancel one of the flights, the other airline is not obliged to refund the other part of the journey and offer YOU a change of itinerary. YOU may incur costs of any change with the other flight if it is necessary.
15.8. In the event YOU chose a low-cost airline to fly, please check accurately the rules applying to YOUR air fare, particularly the existence of ancillary services which are not included in the price of the air ticket and note that YOUR flight may depart from a smaller, regional and/or secondary airport. The airport is always displayed before the purchase in flight details.
Copyright @ FLYSCRIBE SAS 2018, All rights reserved.