Flyers Concierge Limited of 22 The Park, Liffey Hall, Newbridge, Co Kildare, Ireland, email: firstname.lastname@example.org, VAT: IE1112423PH and/or its affiliates (Flyers Concierge) provides flight status alerts or “Alerts” to customers who provide us with their flight details in advance (the Services).
Please review our privacy statement which describes what information we collect, why we collect it and how we use it.
By using our website (whether as a subscriber or otherwise) you are making an offer to us to purchase one or more of our Services in accordance with these terms and conditions (the Order). The Order shall only be deemed to be accepted by us when we issue written acceptance of the Order at which point and on which date the contract between us shall come into existence. The language of the contract shall be English.
The contract constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in the contract.
These terms and conditions apply to the contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Any quotation given by us for Services shall not constitute an offer but is an invitation to treat, and is only valid for a period of 30 days from its date of issue.
Through our Flight Status Alerts service we will notify you and/or others you may nominate, by email or through selected social network websites that meet with our approval, of the status of specific flights you have requested details of and will inform you and such other persons as to whether the flights you have requested information on have departed as scheduled, are delayed, or have been cancelled and/or diverted. This service has a worldwide reach and applies to each section of your trip, from each departure airport to the next arrival airport. Our service relies on data provided by airports, airlines and third party data providers and you accept and agree that we shall not be responsible for the contents of any such data or for any inaccuracies or inconsistencies of any nature or kind contained in that data and shall not be liable to you for any resulting failure to wholly or partly perform this service for you or your nominated persons.
You confirm and agree that our Flight Status Alerts service is designed to be a complementary service and in no circumstances should it be considered as a replacement for other means of communication available to you (such as telephone, television and internet) and in no circumstances should you rely on our Flight Status Alerts to the exclusion of such other methods of communication, particularly in the case of any medical or other emergency. Our Flight Status Alerts service is made available strictly as an ancillary assistance to you and only reports to you on data received from the airlines, airports and similar third party data providers and you agree to accept this service on that basis. We will not, under any circumstances and notwithstanding any other term or condition contained herein, accept any liability of any nature or kind whatsoever for any loss or damage caused to you through your use of this service.
You may elect to receive Free Alerts and/or Premium Alerts. In the case of Premium Alerts, the cost per segment will be the price published on our website at the time of the purchase. “Flight segment” in this agreement means a flight between the departure airport and the first arrival airport for the aircraft.
We reserve the right to eliminate or suspend or cancel our Free Alerts service at any time at our discretion.
Subscribers may choose to pay in USD or Euros through the website. You accept that the exchange rate will vary from time to time and you agree to pay at the exchange rate valid at the time of their subscription/purchase and the price will be considered fixed and final for both parties.
Nothing in these terms and conditions affects the customer's contractual rights by virtue of sections 12, 13, 14 and 15 of the Sale of Goods Act, 1893 as amended (where the customer is a consumer, as defined by the consumer credit act, 1995) save to the extent permitted by law.
It is agreed that these terms and conditions contain all the terms and conditions under which our Services will be supplied to you and that any express condition or warranty in any terms of whatsoever nature not expressly stated herein are hereby excluded to the extent permitted by law. EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, WE SHALL NOT BE LIABLE TO YOU BY REASON OF ANY REPRESENTATION (UNLESS FRAUDULENT), OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM, OR ANY DUTY AT COMMON LAW, OR UNDER THE EXPRESS TERMS OF THE CONTRACT, FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT OR OTHERWISE), LIABILITY, COSTS, EXPENSES (INCLUDING LEGAL FEES AND EXPENSES), CAUSES OF ACTION OR OTHER CLAIMS FOR COMPENSATION WHATSOEVER (WHETHER CAUSED BY OUR NEGLIGENCE, OR THAT OF OUR EMPLOYEES OR AGENTS OR OTHERWISE) WHICH ARISE OUT OF OR IN CONNECTION WITH THE SUPPLY OF THE SERVICES TO YOU, AND OUR ENTIRE LIABILITY UNDER OR IN CONNECTION WITH THE CONTRACT SHALL NOT EXCEED THE VALUE OF THE TOTAL ANNUAL FEES PAID TO US BY YOU IN RESPECT OF THE SERVICES, EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS.
WE DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ANY GIVEN TIME, SECURE, OR FREE OF ERROR. YOU USE THE SITE AT YOUR OWN RISK, AND YOU ASSUME THE RISK THAT ANY MATERIAL DOWNLOADED BY YOU FROM THE SITE MAY CAUSE LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
YOU AGREE THAT THE SITE AND CONTENTS ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
YOU SHALL INDEMNIFY AND KEEP US INDEMNIFIED AGAINST ALL LIABILITY, COSTS, EXPENSES (INCLUDING LEGAL FEES AND EXPENSES), CAUSES OF ACTION OR OTHER CLAIMS FOR COMPENSATION WHATSOEVER WHICH WE MAY SUFFER, WHETHER AS A DIRECT LOSS AS A RESULT OF ANY BREACH BY YOU OF OUR CONTRACT WITH YOU OR WHICH WE MAY BE COMPELLED TO PAY BY REASON OF ANY ACTS OR OMISSIONS BY YOU IN CONNECTION WITH YOUR PERFORMANCE (OR LACK OF PERFORMANCE) OF YOUR PART OF OUR CONTRACT WITH YOU, OR ANY NEGLIGENT OR WRONGFUL ACTIVITY RELATED TO THE USE OF OUR WEBSITE, BY YOU OR ANY OTHER PERSON ACCESSING OUR WEBSITE USING YOUR ACCOUNT.
We reserve the right to refuse applications to link to our site from people or organisations that we consider unsuitable. For further information or to request permission to link to our site please contact us.
When you use our website or send emails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website or directly through the provision of our Services to you. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication. Where we communicate with you by electronic means, the internet or other email for example, we accept no liability for non-receipt or late receipt of e-mail communications or for any corruption of the information communicated to you or its disclosure to other parties.
A person who is not a party to our contract shall not have any rights under or in connection with it.
We do not provide Services to or for minors (being persons under the age of 18). If you are under 18 you may only use our Services with the involvement of a parent or guardian. By using our website, you confirm that you are 18 or older.
We reserve the right to make changes to our website, policies, and terms and conditions, including these terms and conditions at any time. You will be subject to the terms and conditions, policies and terms and conditions in force at the time that we perform any Services for you unless any change to those terms and conditions, policies or these terms and conditions is required to be made by law or government authority (in which case it may apply to previous Orders or contracts). YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH MODIFICATIONS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH MODIFICATIONS BY CONTINUING TO USE THE SITE OR ANY SERVICES AFTER SUCH MODIFICATIONS HAVE BEEN POSTED.
All content on our website and/or included in or made available through our Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Flyers Concierge Limited or its content suppliers and is protected by Irish and international copyright and database and other intellectual property right laws. The compilation of all content included in or made available through our website and all other intellectual property on our website or any of our Services is the exclusive property of Flyers Concierge Limited and is protected by Irish and international copyright and database and other intellectual property right laws.
You may not extract and/or re-utilise any parts of the website or any content thereon without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of our website without our express written consent. You may also not create and/or publish your own database that features any parts of our website (e.g. our prices and product listings) without our express written consent.
If any of these terms and conditions or any part of them is or is held by any competent court or authority to be invalid or unenforceable, such term or condition or part provision (as the case may be) will be deemed severed and omitted, the remaining portions continuing in full force and effect.
No course of dealings between us or any delay or omission by us to exercise any right or remedy granted under these terms and conditions shall operate as a waiver of such rights, and each of our rights and remedies provided herein shall be cumulative, concurrent and in addition to any other further rights and remedies available at law or in equity
Save as expressly permitted herein, each of the parties agrees that it will keep strictly confidential and not disclose to any other person any details of their dealings in relation to the Services and any discussions or communications relating thereto (other than to their legal or other advisors or as may be required by law). Without prejudice to any other obligation of confidentiality, each of the parties hereto shall keep confidential all and any of the information concerning the other which may be provided to it by that other.
You are entitled to cancel your Order or subscription and our contract with you on 30 days advance notice to us in writing, by sending an email to email@example.com.
We may decide to stop or cancel the provision of our Services to you at any time and for any reason. For example, if you are in breach of any of the terms and conditions contained herein. Without prejudice to the generality of the foregoing, if you are in breach of your obligations of confidentiality in any way we may cancel your subscription/purchase and decide not to proceed with your order. We will notify you of any such decision.
You are entitled to cancel your Order or subscription and our contract with you within seven (7) days of the date on which we notify you of acceptance of your Order, by sending us an email to firstname.lastname@example.org PROVIDED THAT (and you hereby agree) where we have already commenced the provision of the Services within such seven (7) day period you may no longer cancel your Order under this provision. Where you entitled to cancel your Order with us within the Cooling Off Period, we will refund you any amounts paid by you for the Services within a thirty (30) day period.
We may mention in future communications releases and/or marketing material that we provid/provided you our services. Where any matter has completed and is in the public domain, we may mention the general nature of the services we supplied to you to prospective clients, press and other third parties.
Although we regularly carry out virus checks on our website, computer systems, data and all communications received electronically, we advise you to carry out your own virus checks on all of your systems, data and communications. We accept no liability for any viruses that may enter into your system or data by these or by Flight Status Alerts or any other means.
No amendment of our contract with you shall be accepted without our prior written agreement. In the absence of written amendment, these terms shall govern all future instructions that we may receive from you.
In these terms and conditions, headings are for convenience only and shall not affect its construction or meaning.
These terms and conditions and the contract and any other documents to be entered into in relation to the contract and any non-contractual obligations arising out of or in connection with each contract shall be governed by and construed in accordance with the laws of Ireland. Each of the parties hereto agrees for the benefit of Flyers Concierge (and without prejudice to the right of Flyers Concierge to take proceedings in relation thereto before any other court of competent jurisdiction) that the Courts of Ireland shall have jurisdiction to hear and determine and settle any disputes which may arise out of or in connection with this Agreement or its performance and accordingly that any suit, action or proceedings including any proceedings relating to non-contractual obligations so arising may be brought in such courts and for such purposes the parties hereby irrevocably submit to the jurisdiction of such courts.