Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. SMS terms and conditions

The Travelace Flight Plan service is operated and powered by Streamthru. These Terms govern your use of the Travelace Flight Planner, supplied by Streamthru on this website. By registering with Travelace Flight Planner you agree to subscribe to the Services of Streamthru and be bound by their Terms.

YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 11 IN THESE TERMS LIMITING THE SUPPLIER’S LIABILITY.

3. Definitions

3.1 The definitions contained within this clause apply in these Terms.

“Airport” - the airport from which your Flight is scheduled to depart;
“Flight” - any outgoing flight identified to Travelace Flight Plan.
“Email Address” – the email address provided
“Flight Information” – any available public information relating to the departure of your Flight;
“Mobile Phone Number” – the mobile phone number provided to Travelace Flight Plan by you, from time to time, to which the Flight Information and Retail Offers are to be sent;
“Retail Offers” – offers sent to you (via the Travelace Flight Plan service);
“Registration” – the point at which you register to subscribe to the Services;
“Services” or “The Travelace Flight Plan” is supplied by Streamthru , the Supplier. The provision of Flight Information and Retail Offers sent to you via text messaging to your Mobile Telephone Number and email messages to your Email Address together with any other services the Supplier provides or agrees to provide in connection with the Travelace Flight Plan service;
"Services" the provision of the Travelace Flight Planner Flight Information and Retail Offers sent to you by StreamThru via SMS messaging to your Mobile Telephone Number 12 hours prior to the scheduled departure of your Flight, together with any other services the Supplier provides or agrees to provide in connection with StreamThru.
"StreamThru" an information service operated by Mantic Point Solutions Ltd, a company registered in England and Wales (company registration number 4896332) whose registered office is at Moor Lane Derby Derbyshire DE24 8BJ.("the Supplier")

3.2 Unless otherwise stated, words in the singular include the plural and vice versa, reference to any gender includes all genders and references to a person includes a natural person, corporate or unincorporated bodies.

3.3 Headings used in these Terms are for reference only and shall have no legal meaning or effect.

4.Commencement and Duration

The Services shall be supplied under these Terms from the date of Registration and shall continue to be supplied until you cancel your subscription. You may cancel your registration to the Travelace Flight Plan service by:

texting “UNSUBSCRIBE” in reply to any Travelace Flight Plan text message;
visit the website and click on the unsubscribe link;
unsubscribe via email by clicking on the link

You may stop receiving text messages for a specific flight by texting “STOP” in reply to any Travelace Flight Plan text message – please note this will not cancel your registration to the Travelace Flight Plan service.

5. Travelace Flight Plan supplied by StreamThru Cancellation and Refund Policy

You may cancel the Travelace Flight Plan (Supplied by StreamThru) services up to 72 hours before before your trip commences and you will be refunded in full. To cancel you should send an email to Travelace and give your name and www.travelace.com booking reference. No refunds will be given for cancellation requests received less than 72 hours before the departure of the first flight on your booking.

6.Supplier’s Obligations

The Supplier shall use reasonable endeavours to ensure the uninterrupted and timely supply of the Services and it shall take all reasonable steps (subject to the limitations contained within these Terms) to correct any error, omission or delay in the provision of Services.

7.Your Obligations

7.1 By subscribing to the Services you agree that you shall:

a) co-operate with the Supplier in all matters relating to the Services;
b) consent to receive from the Supplier via SMS messaging Retail Offers prior to the scheduled departure of your Flight;
c) consent to receive email messages from the Supplier some of which may contain marketing content relating to the Travelace Flight Plan service or other services provided by the Supplier or otherwise available at the Airport;
d) provide the Supplier with accurate and up to date information relating to your intended Flight;
e) provide the Supplier with your own mobile phone number and email address and not somebody else’s; and f) ensure that the mobile phone, to which Flight Information and Retail Offers will be sent is capable of receiving SMS information.

7.2 The Supplier is providing the Services on the basis that you have complied with your obligations detailed in condition 7.1. If the Supplier is prevented or delayed from meeting its obligations under these Terms by any of your acts or omissions, the Supplier shall not be liable for any costs, charges or losses incurred by you arising directly or indirectly from such prevention or delay.

8. Service Provisions

8.1 The provision of Services is based on fast moving, real time information supplied by third parties and is reliant upon the provision of mobile networks by mobile network providers. The Supplier does not therefore intend for you to wholly rely upon the Flight Information and states that these Services should be used for guidance purposes only, (in conjunction with standard flight information services provided by the airlines in their usual manner) as you may intend to use the Services for a purpose not contemplated by the Supplier.

8.2 The Supplier makes no warranty, express or implied as to the timeliness, accuracy or completeness of the Flight Information or Retail Offers.

8.3 The provision of Services may be adversely affected by interference and or the network coverage of your mobile network.

8.4 The Supplier shall not be liable to you or any other person for any costs, charges or losses you or they may incur arising directly or indirectly from the use of, or inability to use the service for whatever reason.

9.Charges and overseas users

The Supplier shall not make any charge for the provision of the Services. If your mobile phone contract is with a UK network provider then you should not incur any charges for receiving text messages from the Travelace Flight Plan service supplied by Streamthru.. If you are an overseas user your network provider may charge you for routing messages It is your responsibility to check with your network provider about any potential charges before subscribing to the Travelace Flight Plan service. In no circumstances will the Travelace Flight Plan service be liable for any charges made to you by your network provider in connection with your use of the Travelace Flight Plan service.

10.Disclaimer

The materials on the Travelace web site are provided "as is". Travelace makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Travelace does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

11. Limitation of liability

YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISONS OF THIS CONDITION.

In no event shall Travelace or StreamThru or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Travelace's Internet site, even if Travelace or a Travelace authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

11.1 This condition 11 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:

(a) any breach of this agreement;
(b) any use made by you of the Services; and
(c) any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this agreement.

11.2. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.

11.3 Nothing in these Conditions limits or excludes the liability for the Supplier:

(a) for death or personal injury resulting from negligence;
(b) for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by the Supplier; or
(c) for any matter which it would be illegal for the Supplier to exclude or attempt to exclude its liability.

11.4 Subject to condition 11.2 and 11.3 above

the Supplier shall not be liable for:

(i) loss of profits; or
(ii) loss of business; or
(iii) depletion of goodwill and/or similar losses; or
(iv) loss of anticipated savings; or
(v) loss of goods; or
(vi) loss of contract; or
(vii) loss of use; or
(viii) loss or corruption of data or information; or
(ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses even if such loss was reasonably foreseeable or the Supplier had been advised of the possibility of you incurring it.

11.5 The Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these Terms shall be limited to the price paid (if any) for the Services by you to the Supplier.

12. Data protection

The Supplier warrants that it shall comply in all material respects with the provisions of the Data Protection Act 1998.

13. Privacy Policy

13.1 Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.

13.2 We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

13.3 The Supplier warrants that it shall store your details safely. Any data supplied by you will only be used for the purposes specified in accordance with this privacy policy.

13.4 By registering with the Travelace Flight Plan service you agree that the Supplier (Streamthru) can use your data for market research, including statistical analysis of the behaviour of subscribers to Travelace. You also agree that the Supplier may from time to time send you communications relating to improvements to the Travelace Flight Plan service and other relevant services that the Supplier reasonably deems may be of interest to you.

13.5 Any communication sent to you by the Supplier will contain clear instructions detailing how you can remove your details from the Supplier’s database.

13.6 The Supplier warrants that it will not pass your details to any third parties, including airport retailers, without your express authority.

14. Force majeure

The Supplier shall have no liability to you under this agreement if it is prevented from or delayed in performing its obligations under this agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of terrorism, suspected act of terrorism, any level of security alert which impacts on the ordinary operation of the airport and businesses contained within, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

15. Revisions and Errata

The materials appearing on Travelace's web site could include technical, typographical, or photographic errors. Travelace does not warrant that any of the materials on its web site are accurate, complete, or current. Travelace may make changes to the materials contained on its web site at any time without notice. Travelace does not, however, make any commitment to update the materials. Travelace may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

16. Links

Travelace has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Travelace of the site. Use of any such linked web site is at the user's own risk.

17. General

17.1 These terms and any dispute or claim arising out of or in connection with the Services are subject to the law of England and Wales.

17.2 The Supplier may at anytime assign, transfer, charge sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.

17.3 If any provision (or part of a provision) of these terms is found by any court to be invalid, unenforceable or illegal, the other provisions shall remain in force.

Last Updated: October 2009

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