Website General Terms and Conditions
1. THESE TERMS
1.1 Jack’s Flight Club provides email alerts on cheap deals and flights and your downloading of the App or registering on the Website is subject to your acceptance of:
• These Terms;
• The App License Agreement;
• Our privacy and cookies policy.
1.2 Please read these terms carefully before you register to use the Website or download the App. These terms tell you who we are, how we will provide our service to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 In these terms: Website means https://www.jacksflightclub.co.uk App means Jack’s Flight Club mobile application
2. INFORMATION ABOUT US
2.1 We are Jack’s Flight Club Co, the proprietors of www.jacksflightclub.co.u.k (“Website”) and Jack’s Flight Club mobile application (“App”) and if you need to contact us please feel free to write or email to us as set out below.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us during the registration process.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your registration on the Website will take place when we email you to accept it, or when you download the App, at which point a contract will come into existence between you and us.
3.2 The Website and App are only applicable to flights from Great Britain and Ireland and are intended for and directed to users in Great Britain and Ireland.
4. THE WEBSITE AND APP
4.1 It is free to register for the Website and App and details of the information you can expect to receive can be found on the Website and App.
4.2 You can upgrade your membership to our Premium Membership at any time and the information you can expect to receive can be found on the Website and App. If you wish to change the length of your Premium Membership before it expires, please contact us and we will let you know if that is possible.
4.3 You cannot book flights via the App or Website. We provide the information on the flight deals available but any contract that you enter into with an airline or agent is between you and that airline or agent and at no time will a contract be entered into between you and us in regard to those flights or services.
4.4 Your mobile network provider may charge you for using the App where a wireless connection cannot be found or when it uses 3G or 4G (or any other connection when not connected to Wi-Fi).
4.5 We may have to change the Website and App (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Website or App.
4.6 We may update or require you to update the App in order to continue using it.
5. PROVIDING THE SERVICE
5.1 We will start sending you emails within 5 working days of your registering for our services.
5.2 By purchasing the Premium Membership you are entering into a contract with us for the period as set out on the registration form (Term”. ) At the end of each Term, the Term will automatically renew for a Term of the same duration until you or we end the contract. See Clause 9. As a Premium Member you agree that you will only use our services for your own personal benefit.
5.3 If our supply of our services, the Website or the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a pro-rata refund for the period that the Website or App could not be used.
5.4 We may have to suspend use of the Website and App to: (a) deal with technical problems or make minor technical changes; (b) update the Website and App to reflect changes in relevant laws and regulatory requirements; (c) make changes to the Website and App (see Clause 4.).
5.5 We will contact you in advance to tell you we will be suspending supply of our services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 30 consecutive days in any Term for Premium Members we will adjust the price so that you do not pay for the services whilst it is suspended. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 180 consecutive days and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
5.6 If you do not pay us for the services when you are supposed to (for example, if we no longer hold up to date debit or credit card details) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the services until payment has been made. We will contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments (see Clause 12.5).
5.7 We use our best endeavours to ensure that the information we provide is as accurate as possible by searching online airfare matrix systems and by monitoring the internet for the best flight deals but we are reliant on those resources and therefore please be aware of the following:
5.7.1 We cannot guarantee that the deals provided by us are as good as, or better than, offers made directly by airlines or by other third parties.
5.7.2 We provide information on a wide range of service providers but there may be other direct or third party service providers available on the market which may be more appropriate or suitable for you than those identified by us.
5.7.3 Any links to third party websites that we provide are provided for your interest and convenience only. These websites are owned and operated by third parties over whom we do not have control. We do not endorse, recommend or accept responsibility for such third parties or their services, their websites or for any information, opinions or views given or advice provided by such third parties (whether on their websites or otherwise).
5.8 We are only providing information on the deals and offers available but none of the information we provide amounts to a recommendation or endorsement by us in respect of such service providers. The information we provide is for general information purposes only, and should not be relied upon by you and is provided so that you can select services that you feel are most appropriate to meet your needs.
5.9 The information and descriptions of deals that we provide may not represent the complete descriptions of all the features and terms and conditions of those deals. You must ensure that you carefully read all the features and terms and conditions (including those contained on a service providers website) of any deal or service before applying for it.
6. YOUR RIGHTS TO END THE CONTRACT
6.1 Your rights when you end the contract will depend on whether there is anything wrong with the services, how we are performing and when you decide to end the contract:
(a) If you want to end the contract because of something we have done or have told you we are going to do see (Clause 6.2);
(b) If you have just changed your mind about the services, see Clause 6.3.
(c) In all other cases see Clause 6.4.
6.2 If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you pro-rata for the period of time that the services not available to you. The reasons are:
(a) we have told you about an upcoming change to the services or these terms which you do not agree to (see Clause 4.5);
(b) there is a risk that the supply of our services may be significantly delayed because of events outside our control;
(c) we have suspended simultaneously our services, use of the App, email and the Website for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 10 working days; or
(d) you have a legal right to end the contract because of something we have done wrong.
6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services paid for online you have a legal right to change your mind within 14 days and receive a refund. Under these terms, if you have paid for Premium Membership then you can cancel your Membership up to 30 days from the start of the Membership and we will provide you with a full refund.
6.4 Even if we are not at fault you can still end the contract but you will not be entitled to a full refund for the Term once we have started providing our services.
7. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
7.1 To end the contract you need to contact us at [email protected] if you are a Premium Member.
7.2 If you are a free member then unsubscribe by clicking the “unsubscribe” link in the footer of our emails and then delete the App from your Device or stop using the App.
7.3 If any refund after cancellation is due to you, it will be paid to you by the method you used for payment.
8. PRICE AND PAYMENT FOR PREMIUM MEMBERSHIP
8.1 The costs of the Membership will be as set out on the Website and App.
8.2 The charge for each subsequent renewal/Term will be as set out on the App and Website but we reserve the right to increase the renewal fee upon our giving to you in writing at least 28 days’ notice prior to a renewal period/new Term.
8.3 Details of how to make payment can be found on the App and Website and payments can be made by debit and credit card, and though PayPal.
9. AUTOMATIC RENEWAL OF MEMBERSHIP
9.1 Premium Membership will automatically renew for a further Term at the end of a Term. If you do not wish for the membership to renew then please contact us at least 3 working days prior to the expiry of the Term to inform us that you do not wish to renew.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us prior to downloading the App.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care.
10.3 If the App which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
10.4 We are not liable for business losses. We only supply our services for domestic and private use. If you use the Website or App for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you break it. We may end the contract at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; (b) if you breach any of the terms of this agreement, the license agreement, the privacy or cookies policy.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 11.we may charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.3 We may withdraw the Website or App. We may write to you to let you know that we are going to stop providing the App. We can do this at any time without notice to free members. For Premium Members we will let you know at least 28 days in advance of our stopping the supply of the Website and App and will refund pro-rata for the period that our services will not be provided in a Term.
12. IF THERE IS A PROBLEM WITH THE WEBSITE, THE APP OR OUR SERVICES
12.1 If you have any questions or complaints, please contact us. You can email us at [email protected]’sflightclub.co.uk or write to us at Jack’s Flight Club Co, 31 Pierce Avenue, Solihull, West Midlands B92 7JY.
12.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. Nothing in these terms will affect your legal rights.
- Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. As the App is classed as digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
if your digital content is faulty, you’re entitled to a repair or a replacement.
if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
Please refer to our full privacy and cookies policy insert
14. OTHER IMPORTANT TERMS
14.1 We may transfer our rights and obligations under these terms to another organisation in the unlikely and unforeseeable event of an aquisition. We will use our best endeavours
14.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider however, we are not members of any ADR at present. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
For further questions email [email protected]