FLYSAA.COM Terms & Conditions
IMPORTANT NOTICE - further terms and conditions such as the ticket returns policy, upgrades policy, commercial terms and suspensive conditions ("the Fare Rules") are displayed as a link from this website and users can access same after the booking but before the payment cycle. Such fare rules are deemed part of these website terms and conditions.
In this document: SAA means South African Airways and FLYSAA means this website
- Persons using the FLYSAA website for any reason whatsoever, subject themselves to and agree to the terms and conditions of FLYSAA when accessing the website as set out below.
- This website is intended to provide the user with information regarding FLYSAA, its products offered and/or services rendered.
- Without derogating from the aforegoing, FLYSAA hereby authorises the user to view, copy, download to a local drive, print and distribute the content of this website, or any part thereof, provided that:
- such content is used for information and/or non-commercial purposes only; and
- any reproduction of this the content of this web site, or portion thereof, must include the following copyright notice: © SAA 2002. ALL RIGHTS RESERVED.
- Users that wish to use content from this site for commercial purposes may only do so with prior written permission.
INTELLECTUAL PROPERTY RIGHTS
All content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to SAA, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site is expressly reserved.
DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002
- The full name and legal status of the website owner is: South African Airways SOC Ltd, reg. No. 1997/22444/07
- The full address of the website owner is detailed hereunder.
- The website address of this website is: www.flysaa.com
JB Magwaza* (Chairperson),
N Fakude* (Deputy Chairperson),
V Jarana (Group Chief Executive Officer),
P Nhantsi (Chief Financial Officer),
Company Secretary – RN Kibuuka
- Physical address for receipt of legal service: Airways Park, 1 Jones Road, OR Tambo International Airport, Kempton Park, Gauteng, South Africa.
- Main business: International and local passenger and cargo air transport.
- COSTS/PAYMENT METHODS
- Taxes: The following taxes are levied - Value-Added Tax, Airports Tax and Security Tax.
- Manner of payment: All major credit cards.
- Records of transactions: A record of the transaction is e-mailed to the user.
- Booking a flight without completing the purchase cycle shall not:
- constitute or give rise to any agreement between FLYSAA and users cannot hold FLYSAA liable if such items are not available when the purchase cycle is completed later; and/or
- constitute a booking for such a booking.
- An agreement between FLYSAA and a user shall only comes into effect if and when a credit card authorisation is received from an issuing bank; or
- FLYSAA reserves the right to refuse to accept and/or execute a booking without giving any reasons therefore. FLYSAA also reserves the right to cancel bookings in whole or in part in FLYSAA sole and absolute discretion. FLYSAA shall only be liable to refund monies already paid by the user.
- Time of dispatch: Users may collect tickets at SAA desks from departing airports
- Payment security: Secure Sockets Layer and digital certificates.
- Alternative dispute resolution: None
- Cooling-off period: You have the right to return goods or services purchased from this site within 7 days if such goods or services are not listed in section 42 of the Electronic Communications and Transactions Act No. 25 of 2002. This right does not extend to the following goods and/or services:
- for financial services, including but not limited to, investment services, insurance and reinsurance operations, banking services and operations relating to dealings in securities;
- by way of an auction;
- for the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the home, residence or workplace of the consumer.
- for services which have begun with the consumer's consent before the end of the seven day period referred to in section 45(1);
- where the price for the supply of goods or services is dependent on fluctuations in the financial markets and which cannot be controlled by the supplier;
- where the goods-
- are made to the consumer's specifications;
- or clearly personalized;
- by reason of their nature cannot be returned; or
- are liable to deteriorate or expire rapidly;
- where audio or video recordings or computer software were unsealed by the consumer;
- for the sale of newspapers, periodicals and magazines;
- for the provision of gaming and lottery services; or
- for the provision of accommodation, transport, catering or leisure services and where the supplier undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period.
- The user has the right to review, correct and cancel electronic transactions before the user effect payment and/or place a booking.
- The user may lodge a complaint at the Consumer Affairs Committee, as the case may be, if this site does not comply with Chapter VII of the Electronic Communications and Transactions Act and/or this agreement.
- By using this website or communicating with FLYSAA by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be "in writing".
- Booking a flight without completing the purchase cycle shall not:
CHANGES AND AMENDMENTS
- FLYSAA expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or nformation set out in this website without prior notice.
- FLYSAA reserves the right to change and amend the prices and rates quoted on this website without any notice.
- The user undertakes to check FLYSAA frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the website.
- FLYSAA protects a user's privacy.
- No personal information will be disclosed to third parties without the user's permission or due process, however, FLYSAA may share personal information with business partners.
- FLYSAA gathers and will be in possession of the following private and personal information of users and passengers:
- Information provided by the user voluntarily - this information is used to provide a better service to users; and
- Information automatically provided (e.g. cookies) - this information is gathered to better your browsing and interaction with FLYSAA. Cookies cannot harm your computer or carry viruses.
- By using this website the User consents to the following:
- FLYSAA may use your personal information to communicate with the user from time to time. Users may indicate if they do not wish to receive such communications;
- FLYSAA may use user's information for non-personal statistical purposes;
- FLYSAA retains the copyright in databases of personal information of users; and
- FLYSAA may share user's information with business partners for commercial reasons.
- Flysaa.com uses 3rd party vendor re-marketing tracking cookies, including the Google Adwords tracking cookie. This means we will continue to show ads to you across the internet, specifically on the Google Content Network (GCN). As always we respect your privacy and are not collecting any identifiable information through the use of Google’s or any other 3rd party remarketing system.
- You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
LINKING AND FRAMING
- Any third party site may link to this website provided that such a link is directed at the home page of this website. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of this website, without the prior written approval of FLYSAA.
- It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of FLYSAA.
AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
- No information or data on this website is an offer, but merely an invitation to do business.
- Merely sending a data message to this website shall conclude no agreements or its owners, valid agreements are only concluded as detail above.
- Data messages, such as e-mail, are only deemed to have been received by FLYSAA once reply to and such a reply does not include an auto-reply.
The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this web site is not permitted if such technology will result in slowing down this web site' server or copyright infringement of any data and information available from this website. Data and information may only be used in compliance with sections 1 hereof.
LINKS TO THIRD PARTY SITES
- FLYSAA may provide links to the user only as a convenience and the inclusion of any link does not imply FLYSAA's endorsement of such sites.
- Linked websites or pages are not subject to the control of FLYSAA. FLYSAA shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website.
SECURITY OF INFORMATION
- All reasonable steps will be taken to secure a user's information.
- User's undertake not to divulge their user name and passwords to any other person.
- It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that FLYSAA should suffer any damage or loss, civil damages will be claimed.
- Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, FLYSAA shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website. Furthermore, FLYSAA makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free.
- This website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with FLYSAA that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
- Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of FLYSAA and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
- All items purchased from FLYSAA are made pursuant to agreements with shipping and delivery agents and risk of loss pass from FLYSAA to such agents upon delivery of any item to such SAA or its partners.
- Neither FLYSAA nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this website.
- These Terms and Conditions of Use constitute the entire agreement between FLYSAA and you, the user of this website. Any failure by FLYSAA to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
- In the event that any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
RULE OF CARRIAGE
- If the user's journey involves an ultimate destination or stop in a country other than the country of departure the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of SAA or its partners for death or personal injury and in respect of loss of or damage to baggage. See also notices headed "Advice to International Users on Limitation of Liability" and "Notice of Baggage Liability Limitations".
- As used in this contract "ticket" means this user ticket and baggage check, or this itinerary/receipt if applicable, in the case of an electronic ticket, of which these conditions and the notices form part, "carriage" is equivalent to transportation", "SAA or its partners" means all air SAA or its partners that carry or undertake to carry the user or his baggage hereunder or perform any other service incidental to such air carriage, "electronic ticket" means the Itinerary/Receipt issued by or on behalf of SAA or its partners, the Electronic Coupons and, if applicable, a boarding document. "WARSAW CONVENTION" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, 12th October 1929, or that Convention as amended at The Hague, 28th September 1955, whichever may be applicable.
- Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention unless such carriage is not "international carriage" as defined by that Convention.
- To the extent not in conflict with the foregoing carriage and other services performed by each SAA or its partners are subject to:
- provisions contained in the ticket;
- applicable tariffs;
- SAA or its partner's conditions of carriage and related regulations which are made part hereof (and are available on application at the offices of SAA or its partners), except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply.
- SAA or its partner's name may be abbreviated in the ticket, the full name and its abbreviation being set forth in SAA or its partner's tariffs, conditions of carriage, regulations or timetables; SAA or its partner's address shall be the airport of departure shown opposite the first abbreviation of SAA or its partner's name in the ticket; the agreed stopping places are those places set forth in this ticket or as shown in SAA or its partner's timetables as scheduled stopping places on the user's route; carriage to be performed hereunder by several successive SAA or its partner is regarded as a single operation.
- An air SAA or its partners issuing a ticket for carriage over the lines of another air SAA or its partners does so only as its Agent.
- Any exclusion or limitation of liability of SAA or its partners shall apply to and be for the benefit of agents, servants and representatives of SAA or its partners and any person whose aircraft is used by SAA or its partners for carriage and its agents, servants and representatives.
- Checked baggage will be delivered to bearer of the baggage check. In case of damage to baggage moving in international transportation complaint must be made in writing to SAA or its partners forthwith after discovery of damage and, at least, within seven days from receipt; in case of delay, complaint must be made within 21 days from date the baggage was delivered.
See tariffs or conditions of carriage regarding non-international transportation.
- This ticket is good for carriage for one year from date of issue, except as otherwise provided in this ticket, in SAA or its partner's tariffs', conditions of carriage, or related regulations. The fare for carriage hereunder is subject to change prior to commencement of carriage. SAA or its partners may refuse transportation if the applicable fare has not been paid.
- SAA or its partners undertakes to use its best efforts to carry the user and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. SAA or its partners may without notice substitute alternate SAA or its partner or aircraft, and may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. SAA or its partners assumes no responsibility for making connections.
- Users shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by SAA or its partners or, if no time is fixed, early enough to complete departure procedures.
- No agent, servant or representative of SAA or its partners has authority to alter, modify or waive any provision of this contract.
- SAA OR ITS PARTNERS RESERVE THE RIGHT TO REFUSE CARRIAGE TO ANY PERSON WHO HAS ACQUIRED A TICKET IN VIOLATION OF APPLICABLE LAW OR SAA OR ITS PARTNER'S TARIFFS, RULES OR REGULATIONS.
- ADVICE TO INTERNATIONAL USERS ON LIMITATION OF LIABILITY
- If your journey involves a destination or stop in a country other than the one from which you depart, the Warsaw Convention may govern the liability of all airlines involved in your journey, including any portion thereof within a single country. This Convention limits the liability of airlines for death or personal injury and for baggage loss or damage. Many air SAA or its partners have waived the Warsaw Convention limits for personal injury or death and the defence that they have taken all necessary measures to avoid the damage for the first 100,000 Special Drawing Rights of any such claim.
- In addition, in cases of death or bodily injury many air SAA or its partners will make advance payments to the person entitled to compensation, if required to meet immediate economic needs, in proportion to the hardship suffered. In accordance with EC Council Regulation No. 2027/97 ("the Regulation"). Community air SAA or its partners as defined in the Regulation make such payments to the person entitled to compensation. Other air SAA or its partners may apply alternate provisions.
- Consequently, you should inform yourself of the conditions applicable to your journey. The Conditions of Carriage of each airline involved in your journey, including its liability limits, are available from that airline.
- NOTICE OF BAGGAGE LIABILITY LIMITATIONS Liability for loss, delay, or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. For most international travel (including domestic portions of international journeys) the liability limit is approximately US Dollars 9,07 per pound (US Dollars 20 per kilogram) for checked baggage and US Dollars 400 per user for unchecked baggage. For travel wholly between US points, Federal rules require any limit on an airline's baggage liability to be at least US Dollars 1250 per user. Excess valuation may be declared on certain types of articles. Some SAA or its partners assume no liability for fragile, valuable or perishable articles. Further information may be obtained from the SAA or its partners.
- DENIED BOARDING BY OVERBOOKING In those countries where Denied Boarding Compensation regulations are in force, SAA or its partners operate compensation plans for users with confirmed reservations who are denied boarding because of non-availability of seats caused by overbooking. Details of these plans are available at the airline's offices.
- NOTICE OF GOVERNMENT IMPOSED TAXES AND FEES The price of a ticket may include taxes and fees, which are imposed on air transportation by government authorities. These taxes and fees, which may represent a significant portion of the cost of air travel, are either included in the fare, or shown separately in the 'TAX' box(es) of this ticket. You may also be required to pay taxes or fees not already collected.
- IMPORTANCE NOTICE: RECONFIRMATION OF INTERNATIONAL JOURNEYS If you break your journey for more than 72 hours at any point, please reconfirm your intention of using your continuing or return reservation. (This is not required by all airlines). To do so, please inform the airline office at the point where you intend to resume your journey at least 72 hours before departure of your flight. Failure to reconfirm will result in the cancellation of your reservation(s). If your journey is wholly within Europe this notice does not apply to you.
- DEPARTURE INFORMATION The time shown on the flight coupon is the departure time of the aircraft. However, to ensure on-time departure you must plan to arrive at the airport and report to the check-in counter in good time before the departure time. Flights cannot be held for users arriving late and not responsibility can be accepted in such cases. Therefore, it is in your own interest to check with the SAA or its partners on transport facilities and the minimum time required for check-in. SOUTH AFRICAN AIRWAYS is the actual SAA or its partners only when "SA" is entered in the "SAA or its partners" box of the flight coupon(s). Any other abbreviation in that box denotes another SAA or its partners.
APPLICABLE AND GOVENERING LAW
This website is hosted, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or inability to use this website and these terms and conditions.
If you have any questions, queries or wish to request permission to use any part of this website, including, linking, framing, or searching, please contact us at:
Street Address: Airways Park, OR Tambo International Airport, South Africa.
Postal Address: Private Bag X13, Airways Park, OR Tambo International Airport, 1627, South Africa
Tel: +27 11 978 1000 / +27 11 978 1000
Kindly note that these terms and conditions may not be copied or used, in part or whole, without the express written permission of BUYS INCORPORATED ATTORNEYS, specialist in Internet and e-commerce law:
Telephone: (021) 461 7387
Website: www.buys.co.za This document is licensed to SAA for use on their website(s) only.