Mobile Privacy Notice

The flyairlink mobile application (the "App") is owned and operated by Airlink (Pty) Ltd, whose registered office is Greenstone Hill Office Park, Emerald Boulevard, Modderfontein, Johannesburg, South Africa (“Airlink”, “we”, “our”, “us).

The App is made available by Airlink to its users subject to the terms and conditions contained herein (“Terms of Use”). By downloading, accessing and/or using the App, you acknowledge that you have read, understood and agree to and be bound by these Terms of Use. If you do not agree to these Terms of Use, you must not download, access or use the App. Your continued use of the App shall indicate your acceptance of the Terms of Use.

You represent and warrant that you possess the legal right and ability to accept these Terms of Use and to use this App in accordance with these Terms of Use. By using the App, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms of Use. If you are using the App on behalf of any entity, you further represent and warrant that you are authorised to accept these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify us for violations of this Terms of Use. You expressly promise to us that you are old enough to conclude legally binding contracts through this App and that you understand and accept that you will be responsible for all payments due to us for bookings made by you or another person using your login information.

We grant you a limited, non-exclusive, non-transferable, revocable licence to download, install and use the App on a compatible device that you own or control, solely for your personal and non-commercial use. This licence is subject to your compliance with these Terms of Use. Where the App contains links to, or redirects you to, the flyairlink.com website (“Website”), your access to and use of the Website shall be governed by the Website’s terms and conditions of use.

You accept the licence granted to you in terms hereof, agree that you are authorised to use the App only as set out herein and acknowledge that you obtain no rights of ownership of the App whatsoever. You shall not: (i) except to the extent as may be permitted by law, modify, translate or create derivative works based on the App, nor reverse assemble, decompile or reverse engineer the App, whether in whole or in part, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, programming of the App or any files contained in or generated by the App, nor shall you permit, whether directly or indirectly, any third party to do so; (ii) merge or combine the whole or any part of the App or any part thereof with any other software or documentation without our prior written consent; (iii) unless explicitly agreed to in writing with us, use the App to provide an application or other service to any third party; or (iv) remove, delete or obscure any copyright, trademark or other marks or proprietary notices associated with or generated by the App.

You represent and warrant that, in respect of your access to and use of the App and all matters relating thereto, you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, electronic communications, privacy, and the transmission of data to and from the Republic of South Africa.

We may change or amend these Terms of Use at any time at our discretion. Changes will become effective once posted on the App. Your continued use of this App following any change or amendment means you have accepted the updated Terms of Use.

To the maximum extent permitted by applicable law, we disclaim all warranties relating to the functionality, reliability, stability, availability, virus-free nature, content, information, software, products and services contained in or made available through the App (“App Content”), including all implied warranties and conditions of merchantability, fitness for a particular purpose, availability, title and non-infringement. The App and all App Content is provided on an "as is" and “as available” basis without warranty of any kind and we and our directors, members, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Your access to and use of the App and any App Content is solely at your own risk.

We use reasonable efforts to ensure the accuracy, correctness and reliability of the App Content, but we make no representations or warranties as to the App Content’s accuracy, adequacy, correctness, quality or reliability. You bear all risks from any use or results of using any App Content and are solely responsible for validating the integrity of any information received from the App.

We have no direct control over User Content, make no representations or warranties whatsoever in respect thereof and expressly disclaim any liability in connection therewith. For these purposes “User Content” shall, to the extent applicable, mean any message, comment, data, document, file, information, text, music, sound, photos, graphics, code or other material that any user of the App posts, uploads, downloads, transmits, distributes, stores, creates or otherwise publishes through or on the App.

To the maximum extent permitted by applicable law, 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 of:

• Access to, or use of the App or the App Content, or delay or inability to use the App, or any App Content
• The availability and utility of products and services (except carriage by air performed by us, which shall be made available subject to our standard Conditions of Carriage);
• Any unauthorised changes, modifications or upgrades made to the App (i.e. without our consent);
• Operator error on the part of the user, or any fault in any hardware, device, operating system or the like not provided by us;
• Any breach of these Terms of Use; or
• Any cause beyond our reasonable control, including without limitation failures or fluctuations of electrical supplies, availability of telecommunication services or infrastructure, accidents, natural disasters, or acts or omissions of any applicable authority or third-party providers.

Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law. Notwithstanding anything to the contrary contained in these Terms of Use, in no event shall our aggregate liability arising out of or relating to the use of the App, howsoever arising and regardless of the base thereof (whether it be in contract, warranty, delict, product liability, or any other theory), exceed an amount R100.00.

ANY CARRIAGE BY AIR USING A TICKET OBTAINED USING THE APP SHALL BE SUBJECT TO THE CONDITIONS OF CARRIAGE OF THE RELEVANT CARRIER AND MAY ALSO BE SUBJECT TO THE WARSAW CONVENTION OR THE MONTREAL CONVENTION, WHICH MAY LIMIT THE CARRIER'S LIABILITY IN CERTAIN CIRCUMSTANCES. YOU SHOULD REFER TO THE NOTE ON CONDITIONS OF CARRIAGE MADE AVAILABLE ON THE APP. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY US.

As a condition of use of this App, you agree to indemnify, defend and hold us harmless, as well as our subsidiaries, affiliates, licensors, employees, agents, sponsors, third-party information providers and independent contractors, from and against any and all claims, liabilities, loss, expenses (including attorney's fees) and damages arising out of claims resulting from your use of this App, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms of Use, your unauthorised use of the App, or your violation of any rights of another.

This App may contain links and pointers to Internet sites and/or mobile applications that are maintained or provided by third parties. We do not operate or control and are not responsible for, in any respect, any content, information, products or services on such third-party sites and/or mobile applications. Such third-party links and pointers are provided solely for your convenience, and do not constitute any endorsement by us. Your access to and use of any third-party sites, mobile applications, products or services is subject to the applicable terms and conditions of those third parties. You assume sole responsibility for your access and use of third-party links and pointers.

You agree to use this App solely for information purposes, to determine the availability of goods and services and make legitimate reservations or transact business with us as further detailed below. You agree to use the App only for personal, non-commercial use.

You agree to use the App's services to make only legitimate reservations or purchases. You agree not to make any false reservation or any reservation in anticipation of demand. We may cancel, without notice, all confirmations associated with multiple reservations to one or more destinations on or about the same date.

You agree to all of our terms and conditions of purchase (including our standard Conditions of Carriage, where applicable), including, but not limited to, full and timely payment of all amounts due and compliance with all rules concerning availability of fares, products, or services. All fees, assessments, charges, taxes and duties arising out of use of the App are your sole responsibility.

In connection with your use of the App, you must not, and must not permit any third party on your behalf to:

• Defame, harass, stalk, threaten, abuse or otherwise violate others´ rights as defined by applicable law.
• Harm, damage or interfere with the operation of the App, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses, interfere with its servers, networks or any connect systems.
• Violate any applicable intellectual property laws, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software through the App.
• 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 trademark.
• Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information through the App.
• Download or upload files that are unlawful to distribute through the App.
• Transmit any information or software obtained through the App, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the App or any part of it.
• Cause an excessively large load on the infrastructure of the App.
• Falsely use a password or personal identification number during logging into the App or misrepresent one´s identity or authority to act on behalf of another.
• Violate these Terms of Use in any other manner.

Where you use the App to search for, book, purchase or manage flights or other services, our standard Conditions of Carriage and any other applicable booking or product-specific terms shall apply. Subject always to such terms, and where permitted:

• You can book on the App for up to 9 passengers per booking. You may simultaneously book flights for 9 adults and children (2-11 years old). Additionally, one infant (0-1 year old) can be booked per adult passenger. You may book a flight in the class of your choice (where available).
• You are able to cancel or make date changes on the App from the "My Trip" section. Modifications can also be done via the call centre. This is subject to the fare rules that you agreed to when you confirmed the booking. You are required to contact one of our offices to arrange for any refunds. You may book flights up to 342 days before departure.

Use of the mobile boarding pass function under the “Check-In” section may require inspection of the boarding pass by our staff or relevant airport staff, which may include a requirement for the relevant staff members to handle your device. Whilst all reasonable care will be taken, we accept no liability for any damage caused to your device during such inspection.

If you enable push notifications, we may send you service-related messages (for example, flight updates, boarding information or disruption/delay alerts) and, where you have consented or where otherwise permitted by applicable law, marketing or promotional communications.

You can manage your notification preferences through your device setting at any time.

The App may request access to certain features of your device (such as location services, camera, contacts, or notifications) in order to provide particular functionality.

You may manage these permissions through your device settings. Disabling certain permissions or withholding consent may limit or prevent access to certain functionality within the App. We will not be liable for any reduced functionality resulting from your failure or refusal to provide any permissions as foresaid.

We accept major credit cards, and require that the credit card holder must be one of the passengers under the booking. Your credit card will be debited when you click on the confirm button. If you do not have a credit card, you may choose to pay in cash while visiting one of our offices. If you wish to arrange for delivery or collection of a ticket in a country other than your country of departure, you will need to contact one of our local offices to make the booking and arrange payment and ticketing

The App may allow you to purchase ancillary products or services (such as vouchers, seat upgrades, additional baggage allowances, lounge access or travel extras) (“In-App Purchases”). All In-App Purchases are subject to these Terms of Use, our standard Conditions of Carriage and any product specific terms presented to you as part of the purchase process or at the point of purchase. Where an In-App Purchase relates to a voucher, the applicable Voucher Terms and Conditions shall apply in addition to these Terms of Use.

Prices for In-App Purchases will be displayed in the App at the time of purchase and are inclusive of applicable taxes unless otherwise stated. Payment will be processed through the payment method you select within the App or, where applicable, through the payment mechanism provided by the relevant app store. Payment processing will at all times be in accordance with the relevant terms and conditions of the third-party payment processor/provider.

The App may include a chatbot and other automated tools or virtual assistances (collectively, “Automated Tools”) to assist with common customer queries.

The Automated Tools are designed to assist with frequently asked questions and straightforward service enquiries. Their capabilities may be limited and may not cover all topics or scenarios. We may expand, modify or withdraw their functionality from time to time at our discretion and without notice.

Automated Tools are provided as a helpful aid. They do not replace human decision-making and are not substitute for professional or specialist advice. Whilst we endeavour to ensure that the information provided is accurate, current or error-free, you should independently verify any information received through the Automated Tools before acting on it, particularly in relation to flight schedules, pricing, travel documentation requirements or any matter that may affect your travel arrangements.

The Automated Tools may use artificial intelligence, machine learning or natural language processing technologies. Responses generated by such technologies may be inaccurate or incomplete. Where your query relates to a booking, fare, entitlement, complaint or any other matter with financial or contractual consequences, you may contact, or be transferred to, a human customer service agent during interaction, either at your request or by the Automated Tool.

To the extent that the Automated Tools offer transactional functionality, any such actions will remain subject to the applicable booking terms, standard Conditions of Carriage and any product-specific terms. You will always be asked to confirm any transactional action before it is processed. We will not be liable for any loss or damage arising from your reliance on information or suggestions provided by Automated Tools.

We may update, modify or withdraw any Automated Tools (or any functionality within it) at any time without prior notice. We reserve the right to limit or restrict access to certain Automated Tools features based on eligibility criteria, geographic location or other factors.

Each of us (both you and Airlink) are responsible for complying with our respective obligations under applicable privacy and protection of personal information laws governing your personal information. We will take all reasonable technical and organisational measures to ensure that the information you transmit to us using the App will remain confidential and protected from unauthorised access, loss, misuse, or disclosure to unauthorised parties in accordance with our Privacy Policy. For more information on how we collect, use, store and protect personal information, please refer to our Privacy Policy, which forms part of these Terms of Use. Notwithstanding the foregoing, you remain solely responsible (i) for determining the purposes and means of our processing of your data (including that processing will not place you or us in breach of any applicable privacy and protection of personal information laws) and (ii) for ensuring that all information protection principles which establish minimum requirements for the processing of personal information under applicable privacy and protection of personal information laws and all the measures that give effect to such principles are complied with.

Currency rates are based on several publicly available sources. The accuracy of such rates is not verified, and actual rates may vary. Currency quotes are not updated every day. We do not warrant or guarantee the accuracy of such rates. If using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates.

Where you participate in the Skybucks loyalty rewards programme through the App, the accrual, earning, redemption and use of Skybucks rewards and benefits, and your participation in the programme generally, are subject to the Skybucks Terms and Conditions and the Skybucks Club/Family Pooling Terms and Conditions, as amended from time to time and made available on the Skybucks page of flyairlink.com.

You acknowledge that the App is owned by, and all intellectual property rights therein vest in, us or our respective licensors or third-party content providers and that any unauthorised use thereof is expressly prohibited. All elements of the App are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Our logos and any other product or service name or slogan contained in the App are our registered or unregistered trademarks and those of our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Airlink or the applicable trademark holder. In addition, the look and feel of the App is the service mark, trademark and/or trade dress of Airlink and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the App are the property of their respective owners.

We reserve the right at any time to change or discontinue without notice, any aspect or feature of the App.

Any information made available through the App relating passports, visas, health requirements, customs regulations, entry restrictions or any other travel requirements is provided for general information purposes only. While we endeavour to keep such information up to date, we do not represent or warrant that it is accurate, complete or current. Such requirements are determined by the relevant governmental and regulatory authorities and are subject to change at any time without prior notice. It is the traveller’s sole responsibility to ensure that you comply with all applicable travel requirements as at the time of travel.

These Terms of Use, and any dispute or claim arising out of or in connection with them shall be governed and construed according to the laws of the Republic of South Africa.

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

These Terms of Use (as varied from time to time in accordance with its terms) constitutes the sole record of the agreement between you and us in relation to your use of the App. Neither you nor us shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated, these Terms of Use supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the App.

Failure or neglect by us to enforce at any time any of the provisions of these Terms of Use shall not be construed as a waiver of its rights. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by us.
Any rights not expressly granted herein are reserved.