Please read these terms and conditions carefully. They govern your subscription to and use of the service. By subscribing and/or using the service you agree that you have read, understood, and agree to be bound by these terms and conditions.
In these terms and conditions:
1.1 “we” means M&G Travel Concepts BV and “us” and “our” shall be construed accordingly;
1.2 “you” shall mean the individual or company using our services and “your” shall be construed accordingly;
1.3 the headings shall not be taken into account in the construction;
1.4 the use of the singular includes the plural and the use of the plural includes the singular.
2. OWNERSHIP
The information supplied to you is owned by M&G Travel Concepts BV (or its licensors). This information is protected by copyright, data base rights and other intellectual property rights which rights are owned by M&G Travel Concepts BV (or its licensors). You may use that information only for your own personal use.
3. USE OF INFORMATION
3.1 In order to subscribe to and use the service, you agree to pay us for using the service.
3.2 You may not use or distribute the information for commercial purposes, whether revenue generating or not. Without limitation, you may not supply the information to a third party (other than to another individual in a non-commercial context) whether for a fee or otherwise. If you wish to use the information in such a way, you must first obtain our prior written consent, which we may give or withhold at our absolute discretion. Such use of our information will necessitate the payment of an extended licence fee by you.
4. COOKIES
To enable us to provide you with the service effectively, we may process your location data and use cookies. For instance, we may use your location data to establish which time zone you are in or which airport you are at. We are unable to provide the services without doing so. If you do not wish us to use your location data, please unsubscribe to the service.
We will not pass your location data to a third party.
5. DURATION OF SERVICE, UNSUBSCRIBING FROM AND STOPPING THE SERVICE, QUERIES
The service commences as soon as we have sent you a welcome message. You may unsubscribe at any time before the service commences and at any time during the service by sending the SMS message Flight Off to 7010.
6. PRICES
6.1 The prices payable by you for the service are as stated in our current price list as published from time to time.
6.2 All prices include VAT at the prevailing rate.
6.3 We may at any time vary all or any of the prices of the service. Any variation will not however affect any service that you have already ordered form us or that we are in the course of delivering to you.
6.4 Unless stated otherwise in the relevant pricing structure applicable to the service you have purchased from us, you will be charged for each and every message you receive from us at the prevailing rate for that service and such charge will be paid via the public communication service provider in accordance with the contract you have with such public communication service provider.
6.5 Where you pay us by credit card and that credit card is dishonored, or where you otherwise fail to pay us for your subscription to and use of the service, then:
6.5.1 we may suspend the provision of the service until we obtain payment from you.
6.5.2 we may charge you interest on the monies you owe us at the rate of three per cent per annum above HSBC Bank plc base rate in force from time to time from the date the payment was due until the date actual payment is made (as well before as after any judgment in respect of the same) such interest to be calculated on a daily basis.
7. LIMITATIONS OF LIABILITY
7.1 The following provisions in this clause 7 set out our entire liability (including any liability for the acts and omissions of our employees, agents or sub-contractors) to you in respect of:
7.1.1 a breach of our contractual obligations;
7.1.2 a tortious act or omission for which we are liable;
7.1.3 an action arising out of a misrepresentation made by us or on our behalf, arising in connection with the performance of the services.
7.2 All conditions and warranties which are to be implied by statute or otherwise by general law into this agreement relating to the services we supply you are hereby excluded to the maximum extent permissible in law.
7.3 Although we take reasonable efforts to ensure the accuracy and timeliness of the information we send to you, we cannot take responsibility for those aspects of our service. In many instances we rely on information given to us from third parties and have no reasonable opportunity to check that information. Further, we have no control over the accessibility of your receiving device or the efficacy of the public communications networks used to connect to it. Accordingly you should not rely on this information in order to decide when to arrive at an airport to catch or meet a flight. You should rely solely on information provided by your airline when reaching that decision. An inbound delay will not necessarily lead to an outbound delay.
7.4 We therefore do not make any representation or warranty, and do not accept any liability, whether to you or to a third party, in respect of the accuracy or timeliness of information we provide to you.
7.5 In no event shall we be liable to you for any loss of profits, loss of opportunity, loss of contract, loss of business, loss of goodwill or anticipated savings or like consequential loss.
7.6 We shall in no circumstances be liable to your for any loss of data and you shall at all times keep adequate back-up copies of the data you hold or use.
7.7 Notwithstanding anything to the contrary contained in these terms and conditions, our liability to your for:
7.7.1 death or personal injury resulting from our negligence, or that of our employees, agents or sub-contractors;
7.7.2 damage suffered by you as a result of a breach by us of the condition as to title or the warranty as to quiet possession implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
7.7.3 damage for which we are liable to you under part I of the Consumer Protection Act 1987; and
7.7.4 for fraud (including without limit, fraudulent misrepresentation), shall not be limited save that nothing in this clause 7 shall confer a right or remedy upon your to which your would not otherwise be entitled.
7.8 No claim may be raised or asserted by you against us under or in connection with this agreement unless you have notified us in writing of such claim no more than two years after your became aware or ought reasonably have become aware of the matter giving rise to such claim.
7.9 The exclusions from and limitations of liability set out in this clause 7 shall be considered severably. The validity or unenforceability of any part of this clause 7 shall not affect the validity or enforceability of any other part of this clause 7.
8. FORCE MAJEURE
8.1 We shall not be deemed to be in breach of these terms and conditions, or otherwise be liable to you, by reason of any delay in performance, or non-performance, of any of our obligations hereunder to the extent that such delay or non-performance is due to any circumstances beyond our reasonable control including, without limitation, acts of God, strikes, lock-outs or other industrial disputes (including without limitation a strike, lock-out or other industrial dispute which we suffer), war, riot, fire, flood, or any other disaster (a circumstance of “Force Majeure”) and the time for performance of that obligation shall be extended accordingly.
8.2 Where the performance of our obligations under these terms and conditions is delayed or prevented by Force Majeure, we shall use all reasonable endeavours to minimise the effect of the Force Majeure on the performance of those obligations.
9. DATA PROTECTION
We may pass data we collect to public communication service providers, to sub-contractors and to regulators. You may view our Privacy Statement by clicking on the link in the menu on the left of this page.
10. REPRESENTATIONS
We and you acknowledge that in entering into these terms and conditions, neither we nor you have relied upon any representations other than those reduced to writing in these terms and conditions. The provisions of this clause 10 shall not apply to a fraudulent representation.
11. GENERAL
11.1 .We reserve the right to suspend and/or terminate the service to you, which includes the inclusion of your mobile telephone number(s) on a “blocked numbers list” in order to terminate services to those mobile telephone numbers, where, on our sole opinion, there has been or is likely to be a breach of these terms and conditions or a misuse of the service.
12. GENERAL
12.1 A person who is not a party to these terms and conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any provision of these terms and conditions.
12.2 English law applies to these terms and conditions. You agree to the exclusive jurisdiction of the English courts for the resolution of any dispute which may arise in connection with the construction or validity of these terms and conditions or the performance of the services.