Agreement Between You and Airlink
Modification of Terms
Disclaimer of Warranties & Limitation of Liability
Indemnity
Links to Third-parties Websites
Limitations on Use
Website Bookings
Use of Credit Card
Security
Passports
Airport Taxes
Health/Insurance Requirements
Conditions of Carriage
Privacy Statement
Data Protection for Consumers
Currency Conversion
Thank you for visiting flyairlink.com (the "Website"). The Website is offered by us, AIRLINK, conditioned on acceptance by you, the user of the Website, without modification, limitation or qualification, of the terms and conditions contained herein. By accessing and using this Website, you are deemed to have agreed to all such terms and conditions (the "Agreement").
You represent and warrant you possess the legal right and ability to enter into this Agreement and to use this Website in accordance with all terms and conditions herein. You promise to us you are old enough to enter legally binding contracts through this Website and you know you will be responsible for all payments due to us for bookings made by you or another person using your login information.
We may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on the Website, and will not have any retrospective effect on existing contractual arrangements made through this Website. Your continued use of this Website after any change means you have accepted the changed terms and conditions.
General
Your access to and use of software and other materials on, or through, this Web Site is solely at your own risk. We make no warranty whatsoever about the reliability, stability or virus free nature of such software.
Disclaimer of warranty
To the maximum extent permitted by applicable law, we disclaim all warranties relating to the information, software, products and services contained in this web site. All such information is provided "as is" without warranty of any kind. We hereby disclaim all warranties and conditions with regard to this information, software, products and services contained in this web site including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Limitation of liability
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:
(i) access to, or use of this web site, or delay or inability to use this web site, or any information contained in this web site; or,
(ii) the availability and utility of products and services (except carriage by air performed by us). Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.
ANY CARRIAGE BY AIR USING A TICKET OBTAINED USING THIS WEB SITE 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 SET OUT BELOW. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY US.
As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including attorney's 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.
This Website may contain links and pointers to Internet sites maintained by third parties. We do not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for your convenience, and do not constitute any endorsement by us. You assume sole responsibility for use of third party links and pointers
You agree to use this Website solely to determine the availability of goods and services and make legitimate reservations or transact business with us. You agree to use the Website only for personal, non-commercial use.
You agree to use the Website'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 destination on or about the same date.
You agree to all of our terms and conditions of purchase, 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 Website are your sole responsibility.
You agree to not abuse the Website. "Abuse" includes, without limitation, using the Website to:
- Defame, harass, stalk, threaten, abuse or otherwise violate others´ rights as defined by applicable law.
- 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.
- Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software.
- 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.
- Download or upload files that are unlawful to distribute through the Website.
- 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.
- Cause an excessively large load on the infrastructure of the Website.
- 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.
- Violate this Agreement in any other manner.
You can book on the Website 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 Website from the "Check 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.
We accept major credit cards, and the credit card holder must be one of the passengers. 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 credit card must be in the name of one of the passengers travelling and the same card must be carried at the time of travel. It will be required for verification and obtaining signature on a credit card charge form at check in time.
We will take all reasonable measures to insure information you transmit to us using the Website will remain confidential and protected from unauthorized access. Despite those measures, we do not warrant unauthorized access to that information can never happen. We will not be liable for any such unauthorized access unless caused solely by our gross negligence, in which event you will be entitled to compensation up to a maximum of the value of the services purchased by you.
Please insure you have a passport valid for the duration of your trip. (Some destinations require your passport be valid for a certain length of time, in general, 6 months after completion of travel). You may also be required to obtain a visa for some destinations and it is your responsibility to do so. If you require any further information on passport or visa requirements, please contact one of our local offices or the embassy of the country to which you will be travelling.
Some airports will levy an airport departure tax, which is payable by passengers at the airport locally. Information on these charges is not given through our quoted fares.
Immunization may be recommended or required for your destination or stopover points - please check this with your doctor. We also recommend purchase of adequate travel insurance for all travel on AIRLINK flights including domestic destinations.
The carriage of passengers and their baggage by air will be subject to the Conditions of Carriage of the carrier concerned. With respect to AIRLINK flights, please read our General Conditions of Carriage for Passengers & Baggage.
We are committed to protecting your privacy and complying with applicable data protection and privacy laws. This privacy statement tells you about our online collection and use of data. The terms of this statement apply to Flyairlink.com, our mobile applications and/or our mobile websites (“the Platforms”) and to the services which we offer through them and are further subject to our Terms & Conditions of Use, unless different terms are specified in a form or contract provided to you by SA Airlink (either online or offline).
Please review this privacy statement before using our Platforms . If you do not agree with this privacy statement, do not use the Platforms. By using our Platforms, you (i) understand and agree to be bound by the terms of this statement, and (ii) expressly consent to us collecting, using, storing or otherwise processing your personal information as set out in this statement, for the purposes indicated herein.
Information collection and use
We take our responsibilities regarding the protection and processing of personal information very seriously. To protect your privacy, we follow certain basic principles in accordance with global best practices relating to customer privacy and data protection. This privacy statement explains how we use personal information that we may obtain about you.
Why do we need your personal information?
When you use services provided on our Platforms you will be asked to provide certain information such as your name, contact details, and/or credit card details. We will store this information securely and hold it on safeguarded computers or otherwise. Personal information collected by us may be stored and processed in South Africa or any other country in which we or our service providers or agents maintain facilities, and by using our Platforms , the Solutions and our services, you consent to any such transfer of information outside of your country.
We may use your information in the following ways:
• To fulfil our agreement with you and to provide the requested services, and all ancillary services thereto, to you, including processing your flight, sending you your itinerary, or contacting you if there is a problem with your reservation;
• To answer any queries which you may send to us by e-mail;
• For crime prevention and detection;
• To operate and improve our Platforms;
• For direct communication and marketing purposes, as set out in detail below; and
• For any purposes deemed necessary or required by Airlink to enforce the Terms & Conditions of Use and other terms or conditions applicable to any portion of our Platforms.
We may send transaction-related communications such as welcome letters, billing reminders, and purchase confirmations. We may also send you newsletters or marketing communications to inform you of new products or services or other information that may be of interest. If you do not wish to receive marketing communications, you should follow the “unsubscribe” instructions included within each communication.
We need to know the names of all passengers travelling. If you are booking a flight on behalf of someone else, you must obtain their consent to use their personal information. By disclosing their personal information to us, you warrant that you have obtained their consent to do so and that you have the necessary authority to act on their behalf, and indemnify us against any claims resulting from the unauthorised use or disclosure of their personal information.
Who do we share your information with?
You expressly consent to us sharing your personal information as follows:
• to trustworthy third parties that we use for the provision or fulfilment of certain services, such as enabling our customers to book hotels, chauffeurs, hire cars, onward flights or other services quickly and easily;
• to anyone to whom we transfer or may transfer our rights and duties under our agreement with you;
• to customs and/or immigration departments or other regulatory authorities in your country of departure and/or destination in order to comply with the law in those countries;
• to third party organizations involved in credit card authorization or to otherwise ensure completion of the transactions conducted on our Platforms;
• if we have a duty to do so or if the law allows us to do so;
• to our employees and agents to do any of the above on our behalf, now or in the future.
If you choose not to provide certain personal information we request, you will still be able to visit our Platforms but you may be unable to access or use certain options or services.
Security
We will take appropriate steps to protect the personal information you share with us. We have implemented appropriate technology and security features to safeguard the privacy of your personal information. However, we cannot accept any liability whatsoever for any unauthorised access or loss of personal information despite our best endeavours.
Personal Information Preferences
We respect your right to make choices about the use and disclosure of your personal information. If at any time you decide that you do not want to receive marketing communications from us, please let us know by sending an e-mail to info@flyairlink.com.
If you choose not to receive marketing communications, please be advised that you may continue to receive transactional or account communications (e.g., confirmation e-mails and account statements), where applicable.
Cookies
Our Platforms may use "cookies" so we can better serve you with customized information when you return to our Website. Cookies are identifiers which a Website can send to your browser to facilitate your next visit to our Website. You can set your browser to notify you when you are sent a cookie, giving you the option to decide whether or not to accept it.
Read more about our Cookie Policy here.
Links
Our Platforms may contain links to other Websites. Please be aware that we are not responsible for the privacy practices of Websites not operated by us. We encourage you to read the privacy statements of each and every Website that collects personally identifiable information. This privacy statement applies solely to information collected by our Platforms. .
Correction/updating of personal information
If your personal information changes, or if you no longer desire our service, we will provide a way to correct, update or remove your personal information provided to us. You warrant that: (i) any personal information that you provide to us through our Platforms shall be and remain complete, accurate and correct, (ii) you will keep us informed of any changes in such personal information, and (iii) you will provide us with any reasonable assistance that we may require in order to enable us to comply with our obligations under applicable privacy laws, and you indemnify us against and hold us harmless from any claim, damages, penalty or fine as a result of a breach of any of these warranties.
If you would like to correct/update your personal information You can write to us at any time to amend the details of the personal information we may hold about you at the follow address:
Data Protection Manager
SA Airlink
PO Box 7529,
Bonaero Park,
1622,
South Africa
E-Mail: POPIAInformationOfficer@flyairlink.com
Please quote your name and address and a brief description of the information you want to amend to enable us to more readily locate your data. We will take all reasonable steps to confirm your identity before amending and/or providing you with details of any personal information we may hold about you. We may charge a fee to cover the reasonable administration costs involved.
Notice to European Users
Please note that the information you enter on our Platforms or provide to us, may be transferred outside of the European Economic Area, for purposes of processing by SA Airlink, located in Johannesburg, South Africa, or our authorised partners, located worldwide, including countries which may not offer an equivalent level of protection to that required in the European Union, in order to provide our Platforms and their services to you. Article 49 of the European Union’s General Data Protection Regulation allows for transfer of personal data from the European Union to a third country if the individual has explicitly consented to the transfer of personal information, regardless of the third country's level of protection. By agreeing to this privacy policy, you consent to the transfer of all such information to South Africa and other countries which may not offer an equivalent level of protection to that required in the European Union and to the processing of that information as described in this privacy policy.
If you would like to exercise any of your data protection rights (including the right to have your personal information deleted), please contact us at POPIAInformationOfficer@flyairlink.com.
DATA PROTECTION STATEMENT ON SERVICES PROVIDED BY SA AIRLINK (PTY) LTD (“Airlink”)
1. Airlink confirms its compliance with Protection of Personal Information Act, 4 of 2013 2008 and the regulations (“POPI”) as amended from time to time and undertakes to, at all times, ensure its compliance with the Conditions for the Lawful Processing of Personal Information as set out in POPI.
2. To the extent that Airlink processes Personal Information of a Data Subject ( as either a Responsible Party or an Operator ) whilst fulfilling their respective duties in terms of any agreement with a third party that it has contracted with to provide services to directly or has contracted with to provide services to data subjects ("Affected Party") , Airlink undertakes to comply with the conditions for the Lawful Processing of Personal Information as set out in POPI.
3. Airlink agrees to disclose any limitations to, restrictions on or requirements placed on their rights to Process the Personal Information of a Data Subject to an Affected Party. Any such limitations, restrictions or requirements will be communicated, in writing, to the Affected Party at the earliest date by which the Affected Party agrees to or becomes aware of such limitations, restrictions, or requirements placed on it for the Processing of the Personal Information of a Data Subject.
4. Airlink may, from time to time, agree to additional requirements for the Processing of Personal Information over and above what is agreed in 1 and 2 above. Such additional requirements must be recorded in writing and agreed to by Airlink and the Affected Party. Any additional requirements can be agreed in addition to or in place of previous additional requirements placed on the Processing of Personal Information by Airlink and the Affected Party.
5. Affected Parties can complete one of the forms below in the event there are additional requirements for the Processing of Personal Information:
- a. Objection to the processing of personal information
- b. Correction or deletion of personal information
- c. Direct Marketing Personal Information Use Consent
6. If for some reason the Affected Party requires a signed agreement reflecting what is stated in this document an addendum to an existing service agreement with Airlink can be concluded. The Affected Party should kindly contact its agent at Airlink should this be required.
Rodger Foster
Managing Director/Chief Executive Officer
23 October 2019
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 believe in the accuracy of the information supplied by this application, but we do not warrant or guarantee such accuracy. If using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates.