FlySafair Website Terms of Use

These terms and conditions will apply when you access our website being www.flysafair.co.za (“Website”). We ask that you read these terms and conditions carefully.

 

1.

Acceptance of terms
By accessing and using this Website, you agree to accept, without modification, limitation or qualification, the terms and conditions contained herein (the "terms and conditions").

 

2.

General information
For your convenience, we have listed below some general information about ourselves:

2.1.

“We” are Safair Operations (Proprietary) Limited t/a FlySafair and our address of establishment is at Northern Perimeter Road, O.R. Tambo International Airport, Bonaero Park, 1619, South Africa.

2.2.

Our contact e-mail address is help@flysafair.co.za

2.3.

Our VAT number is 4160247187.

2.4.

We are a company incorporated in accordance with the laws of the Republic of South Africa and our Company registration number is 2007/032915/07.

2.5.

We are the owner and intellectual property rights holder of this Website as well as the underlying domain.

2.6.

You represent and warrant that you possess the legal right and ability to access this Website and to be bound to these terms and conditions and to use this Website in accordance with all terms and conditions herein.

2.7.

You promise to us that you are old enough to enter legally binding contracts through this Website and you know you will be responsible for all transactions concluded by you using your login information.

 

3.

Overview of terms and conditions, associated documents and amendment rights

3.1.

These terms and conditions shall override any contrary terms or conditions published by us or appearing on this Website in relation to any order placed by you with us.

3.2.

The terms of our Privacy Policy shall be deemed to be incorporated into these terms and conditions and shall form an integral part of these terms and conditions. We reserve the right to amend our Privacy Policy from time to time with or without notification to you.

3.3.

We further reserve the right to amend these terms and conditions. Should we choose to do so, we will post our updated terms and conditions on this Website.  

3.4.

Any amendments to our Privacy Policy and to these terms and conditions will not have any retrospective effect.

3.5.

In addition to these terms and conditions and our Privacy Policy we have also made available our Manual in accordance with Section 51 of the Promotion of Access to Information Act 2 of 2000. For a copy of the Manual, please click here 

3.6.

Further, our standard trading terms for booking of flights and conducting other transactions on our Website can be found here 

 

4.

Website availability

 

While we use all reasonable endeavours to make the Website and associated services available, we cannot guarantee that they will operate continuously or without interruption.

 

5.

Condition of access and use of Website

5.1. 

You acknowledge that this Website is owned by us.

5.2.  

Your access to and use of this Website is solely at your own risk.

5.3.

We make no representation, warranty or covenant whatsoever about the reliability, stability or virus free nature of our Website or other materials displayed herein. To the maximum extent permitted by applicable law, we disclaim all representations, warranties and covenants relating to the data, information, software, products and services contained in this Website. All such data, information, software, products and services are provided "as is" without representation, warranty or covenant of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

5.4. 

In no event will we be liable for any direct, special, indirect, incidental, consequential (including among other things loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out:

 

(i)

(ii) 

(iii)

(iv)

any transaction concluded between us pursuant to these terms and conditions;

access to, or use of this Website, or delay or inability to access or use this Website, or any information contained in this Website;

errors in any pricing and/or information contained on this Website; or

the availability and utility of the transaction and payment mechanism and/or any information contained therein.

5.5.

Nothing in the aforementioned limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.

5.6.

You agree not to post or transfer to our Website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this 5.1 including, but not limited to, any claims made against us by any third party.

5.7.

In consideration of agreeing to your use of this Website, you acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright) this Website belongs to us. Accordingly, any part of this Website (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this website, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.

5.8. 

You may only use the trademarks and any downloadable content featured in our Website for the purpose of displaying this Website on your computer screen or printing out this Website on your printer in accordance with 5.7 above.

5.9.

You may not link this Website to any other website. Furthermore, we do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link with this website, and we do not endorse or approve the content of such third-party websites.

5.10. 

As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

5.11.

You agree to not abuse the Website. "Abuse" includes, without limitation, using the Website to:

 

(i) 

defame, harass, stalk, threaten, abuse or otherwise violate others’ rights as defined by applicable law;

 

(ii)

harm or interfere with the operation of others’ computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses;

 

(iii)

violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software;

 

(iv)

omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trade-mark;

 

(v) 

transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information of any third party;

 

(vi)

download or upload files that are unlawful to distribute through the Website;

 

(vii)  

interfere with or disrupt the Website or servers or networks connected to the Website, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” the Website;

 

(viii)

direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices or infrastructure;

 

(ix)

transmit any information or software obtained through the Website, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Website;

 

(x) 

falsely use a password or personal identification number during logging into the Website, or misrepresent one’s identity or authority to act on behalf of another; or

 

(xi)

violate these terms and conditions in any other manner.

 

6.

Complaints

 

If you are dissatisfied with any aspect of this Website, or if you have any complaints about any of the services provided by us please contact us.

 

7.

Choice of law and jurisdiction

 

Your use of the Website and the terms and conditions is subject to the laws of the Republic of South Africa and you agree to submit to the non-exclusive jurisdiction of the South African High Court, South Gauteng Division. We reserve the right to bring proceedings to the courts of the country of your location.

 

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