PLEASE TAKE THE TIME TO READ THESE TERMS AND CONDITIONS FULLY AS THEY ARE THE TERMS AND CONDITIONS UNDER WHICH LYCAFLY OFFERS ITS SERVICES TO YOU, THE CUSTOMER
Terms and Conditions of Supply of Travel Agency Services to Customers
The terms 'LycaFly', and 'We' means U Can Fly Limited, trading as 'LycaFly' and 'LycaFly Holidays', a company incorporated in England and Wales, with registered company number 06194960 and whose registered office is at Walbrook Building, 195 Marsh Wall, London, E14 9SG, United Kingdom.
Provision of the Agency Services
LycaFly acts as an agent for several suppliers who offer a variety of services for Customers. The services offered by LycaFly on this Website, in branch or as described on the telephone are the services offered by of several third parties to the general public or via agents, such as LycaFly. Some of these third party providers provide the actual transportation services by means of air, road, rail and sea as well as other third party providers offering temporary accommodation services such as hotels and serviced apartments. LycaFly also offers Customers the ability to use credit facilities from third parties for the purposes of securing your Order with LycaFly. LycaFly also offers visa processing services to certain destinations.
By providing Customers this Website interface, LycaFly brings the services of these suppliers together for Customers to browse and select services which best suit their needs at prices that are usually significantly cheaper than the Customer approaching these third party providers directly. By placing an Order on the Website or in branch from LycaFly, or by placing a Telephone Order with LycaFly or our Associated Company, you expressly understand that LycaFly is providing agency services and charges a fee (included in the quoted prices) in order to bring together all the services of the third party suppliers. For the avoidance of doubt, the third party providers supply their respective services for which LycaFly has no control. To the fullest extent permitted by law, LycaFly accepts no liability for the acts or omissions (things that should or should not be done) of such third party suppliers, but will work to minimise disruption for Customers and work to resolve any problem you may have with your Order.
The following definitions shall apply to these Terms and Conditions:
'Agency Services' is the presentation of information by LycaFly relating to the services offered by Third Party Suppliers to eligible members of the public residing in the United Kingdom. The presentation of such information by LycaFly is made by the following means: (i) the website LycaFly.com; (ii) telephone; and (iii) in person at one of our United Kingdom branches.
'Associated Company' means LycaFly India Pvt Ltd, a limited liability company incorporated in India.
'Booking' means where a Customer has placed an Order with LycaFly which has been reviewed and accepted by LycaFly and is subject to these Terms and Conditions.
'Credit Agreement' means an agreement between a business and customer, regulated by the Financial Conduct Authority and the applicable legislation.
'Credit Facility' means the provision of credit to the Customer by a third party, whereby the third party settles in full (or in part) an Order placed by the Customer on that Customer's behalf ("a Credit Provider").
'Customer' means a member of the public residing in mainland United Kingdom who places an Order for Agency Services by one of the following means: (i) by reviewing the material on the LycaFly Website located at LycaFly.com; (ii) by telephone; (iii) in person in one of our branches.
'Order' means where a Customer confirms that they would like to proceed with using the Agency Services of LycaFly by doing one of the following: (i) clicking that they accept the terms and conditions of business on the Website and providing their payment card details on the secure Website, such actions being specifically referred to as a 'Website Order' by a Customer; (ii) confirming with LycaFly or the Associated Company's customer services representative acting on behalf of LycaFly on the telephone or by email following a telephone call that you wish to proceed with the selected Agency Services and providing the required means of payment (if requested), such actions being specifically referred to as a 'a Telephone Order' by a Customer; or (iii) confirming in person that you would like to proceed with your chosen Agency Services, specifically referred to as a 'Branch Order' by the Customer.
'Prospective Customer' means a member of the public residing in mainland United Kingdom who is desirous of, or contemplating placing an Order for Agency Services by one of the following means: (i) by reviewing the material on the LycaFly Website located at LycaFly.com; (ii) by telephone; (iii) in person in one of our branches.
'Required Documentation' means valid passports or valid travel documents, visas, booking confirmations and other documents (such as letters of consent, doctor's notes) as required by LycaFly and the Third Party Suppliers for you to commence your trip.
'Terms and Conditions' means these general terms and conditions which are applicable each time you place an Order.
'Third Party Supplier' means a supplier of services, such as an airline or hotel provider, displayed on the Website by LycaFly, or informed to you in person or on the telephone.
'Third Party Supplier Terms of Supply' means the terms and conditions on which a third party offer their own services to you, the Customer.
'Verification Policy' means the policy by which LycaFly accepts or rejects Orders, cancellations and/or amendments to Bookings as set out in Clause 5 below.
'Website' means the www.LycaFly.com website and the web pages displayed therein.
2.Applicability of these Terms and Conditions
These Terms and Conditions are applicable for all Agency Services supplied to you by LycaFly, including Telephone Orders you place with our Associated Company, Website Orders and Branch Orders. By proceeding with your selected Agency Services and placing your Order, you have agreed to these Terms and Conditions in full without amendment unless such amendment or change is expressly agreed by LycaFly in writing by an authorised representative of LycaFly.
If you opt to use a Credit Facility to fund payment of your Order, you agree to the additional terms set out at Clause 16 below.
3.Acceptance of Orders by LycaFly and Confirmation of a Booking
3.1 At no time is your Order a commitment by LycaFly to offer the Agency Services until LycaFly informs you in writing of its acceptance of the Order and agreement to offer the Services to you in the form of a Booking.
3.2 LycaFly will use its reasonable efforts to accept and confirm your Order within 24 hours by providing you a notification email confirming your Order and Booking, or a physical printed copy of your Booking confirmed by an authorised representative of LycaFly. Until such notification email is sent; or confirmation print out handed to you; (or in exceptional circumstances, a telephone call made to you) LycaFly shall retain its right to refuse your Order.
4.Acceptance of Third Party Supplier Terms of Supply
4.1 By Placing an Order, you acknowledge and agree that in addition to your acceptance of these Terms and Conditions, you also agree to the Third Party Supplier Terms of Supply, which are applicable as a material condition when placing an Order with LycaFly.
4.2 LycaFly will (if it is able and feasible to do so) take reasonable steps to notify you of Third Party Supplier Terms of Supply and any unusual requirements or cancellation fees in relation to your Order, in instances where your Order is a Telephone Order or a Branch Order. For Website Orders, Customers are strongly advised to check with the relevant Third Party Provider for their own applicable terms and conditions of business before placing a Website Order.
Typical Third Party Supplier Conditions:
4.3 It remains the Customer's responsibility to comply with the Third Party Supplier Terms of Supply. LycaFly will not be liable (to the fullest extent permitted by law) where you breach such Third Party Supplier Terms of Supply. Non-Exhaustive Examples of breaches by the Customer include (i) Late arrival at the airport by the Customer; (ii) Incorrect or absent documentation for travel, including visas, passport requirements; (iii) breach of the itinerary schedule (as detailed below in clause 4.4); (iv) illegal activities or suspicion of illegal activities which invalid your agreement with the Third Party Supplier; (v) cancellations or changes without sufficient notice or in accordance with the Third Party Supplier Terms and Conditions.
4.4 Customers should be aware that most airlines will require the Customer to travel in the correct sequence of itinerary as is originally Ordered by the Customer and confirmed as a Booking by LycaFly. For example, if the initial flight is not booked, the Customer will be deemed by the airline as a "no show" and the airline will often cancel the rest of the travel itinerary. You are therefore advised to plan your Order carefully and consult with LycaFly before placing an Order if your plans may change.
Discretion of the Third Party Supplier in allocation of seats and meals
4.5 Customers should be aware that seating requests from Third Party Suppliers such as airlines are not guaranteed, and airlines usually have the discretion (in accordance with the applicable Third Party Terms of Supply) to make changes to reserved seats for safety or other operational reasons. It should be therefore noted that whilst LycaFly will make all reasonable efforts to reserve chosen seats (by requesting such on your Order request), it is ultimately the decision of the airline to allocate or refuse to allocate selected seats.
4.6 Customers should be aware that meal requests made by LycaFly to Third Party Suppliers such as airlines are not guaranteed, and most airlines reserve the right (in accordance with the Third Party Supplier Terms of Supply) in their discretion not to honour such requests, even where LycaFly (or any agent) has specifically requested a particular meal or dietary requirement.
Breaches by the Third Party Supplier
4.7 Where a Third Party Supplier is in breach of its obligations to you (things it should or should not do), LycaFly will take reasonable steps to assist you the Customer during UK business hours. However, Customers should be aware that the majority of Third Party Suppliers operate outside of the United Kingdom, and such services are offered subject to the local applicable laws in the respective country. Therefore, consumer protection rights, schemes or otherwise may not be applicable and you are advised the check carefully for any costs or additional fees that might be chargeable by the Third Party Supplier directly. LycaFly accepts no liability to the fullest extent permitted by law for the failure of Third Party Suppliers to provide their services as agreed to the Customer. In the case of discretionary services such as detailed in clauses 4.5 and 4.6, LycaFly accepts no liability for Customer reliance on such requests made at the time of placing an Order, or subsequently before travel.
Care by LycaFly in selecting its Third Party Suppliers
4.8 In providing the Agency Services, LycaFly will take reasonable care and skill in its selection of Third Party Suppliers but Customers should be aware that sometimes Third Party Suppliers do not meet the expectations of Customers in the delivery of their own services. LycaFly will assist to resolve any problem you may have with a Third Party Supplier, but in the event of liability, the responsibility for the provision of the Third Party Supplier Services remains at all times with that specific Third Party Supplier.
5.1 ALL Orders are subject to the Verification Policy set out in this Clause 5.
5.2 When placing an Order, the Customer represents that he/she is legally authorised to enter a contractual relationship with LycaFly and as the express consent of other travellers to supply their personal details as part of the Order. The Customer further represents that the Order is for leisure purposes and the Customer is not using the Agency Services for commercial, settlement, abandonment or any other reason than for a leisure trip to the desired destination(s).
Accuracy of Details
5.3 The Customer undertakes (agrees) to complete the required details of all travellers as required by LycaFly, including full legal names, dates of birth, gender, nationalities and other details as accurately recorded on the passport or other travel documents as is required and demanded for using the Third Party Supplier's services. The Customer REMAINS FULLY RESPONSIBLE for any costs (incurred by LycaFly or a Third Party Supplier) by inaccurately inputting the names or other details of the travellers, including capitalisation requirements or abbreviations of full names as detailed in travel documents. In placing an Order, be it a Branch Order, Telephone Order or Website Order, the Customer acknowledges their own responsibility for such errors or mistakes and any resulting costs, inconvenience or cancellation of a Booking resulting from such errors or mistakes of the Customer.
5.4 Where an Order is placed in suspicious circumstances or circumstances which cause concern of fraudulent activities for which LycaFly suspect the Agency Services are being used, or proposed to be used for criminal activities, LycaFly shall inform the relevant authorities of its suspicions without notice to you. In such instances, the Order or Booking is invalid without any obligation on the part of LycaFly to you. Suspicious circumstances include, but are not limited to, high value transactions on payment cards, repeated payments on payment cards or otherwise suspicious payment methods or activities identified by LycaFly and/or its agents. Routes which are illogical or impractical, travel to destinations known for smuggling, trafficking or other illegal or immoral activities are further examples of suspicious transactions.
6.1 This Cancellation Policy applies to all Branch Orders, Telephone Orders and Website Orders.
Changes and Cancellations by the Customer
6.2 Where you have placed an Order and wish to cancel or change the Order, you must immediately or as soon as possible contact LycaFly on +44 (0) 20 7132 3232. LycaFly will work to accommodation your needs subject to the provisions below. You can also email us at firstname.lastname@example.org but you are strongly advised to call us so we are able to discuss your options with you. Such changes or cancellations are usually subject to cancellation fees and the charges of Third Party Suppliers, depending on the time before departure.
6.3 Where an Order is cancelled by the Customer, any charges or fees levied by a Third Party Supplier as well as the administrative costs of LycaFly set out in Clause 6.5 will be deducted from any refund amount provided to you. In some instances of cancellation, and usually where a departure date is less than 14 days, Third Party Suppliers will typically retain 100% of the fees paid and not offer any partial refund. Some Third Party Suppliers impose amendment fees or upgrade fees which will need to be met by the Customer in full.
6.4 Any card processing fee levied on placing your Order is in all circumstances, non-refundable.
LycaFly Administration Fees for Cancellations and Amendments by the Customer
6.5 LycaFly will deduct an administrative amount to meet LycaFly's own costs of processing a refund or processing an amendment as follows:
Flight Change: GBP 100.00 per traveller
Flight Cancellation: GBP 100.00 per traveller
Hotel Change: GPB up to 100.00 per traveller
Hotel Cancellation: Full deposit
6.6 The Third Party Supplier will usually also impose a cancellation fee or amendment fee in accordance with the Third Party Supplier Terms and Conditions. Your hotel will typically have its own cancellation policy which LycaFly will display to you on the trip details page before you book. If there is a cancellation fee payable, it will apply a 'per room' and not 'per booking' cancellation fee. Be aware that in many locations, the Hotel will not refund any amount in accordance with their booking terms and local applicable laws. Your attention is drawn to Clause 4 above in specific regard to the provision of services by Third Party Suppliers.
Refund Processing Time
6.6 Refunds (for eligible refundable tickets) can take as long as 6-8 weeks to process and may in some instances, take longer depending on your method of payment and the response time of the Third Party Supplier. The processing time is beyond the control of LycaFly as LycaFly needs to receive the return of funds from Third Party Suppliers who may be located in territories where money processing rules or banking infrastructure is such that a refund will take several days or weeks process. Any refund amounts must be issued back using the same method in which the amount was debited from the Customer. LycaFly will keep Customers informed of the expected processing time, where possible.
Cancellations and Amendments to low cost flights by the Customer
6.7 Low cost flights in economy class usually have a no-refund policy for cancellations (imposed by the Third Party Supplier airline). Unfortunately, such policies are beyond the control of LycaFly and you are STRONGLY ADVISED TO PURCHASE A TRANSFERRABLE TICKET AND TAKE OUT ADEQUATE TRAVEL INSURANCE THAT COVERS A CANCELLATION BY YOU IF YOU MAY NEED TO AMEND OR CANCEL YOUR FLIGHT DUE TO PERSONAL CIRCUMSTANCES. You are advised to contact the airline to try and make amendments or cancellation to your flights, but it should be understood by all Customers that the nature of low cost flight tickets is their inflexible nature and lack of refund policy - THIS RISK IS BOURNE BY THE CUSTOMER.
No Show and Late Arrivals by the Customer
6.8 If you fail to attend a flight by the required check-in time specified by the relevant Third Party Supplier, you and all travellers will be deemed as "no-show". In such instances, no refund from LycaFly or the Third Party Supplier will be provided. It remains the responsibility of the Customer to reach the airport in sufficient time to meet a flight departure. For particularly early flights, it might be advisable to stay locally near the airport to ensure you are able to make your flight in good time. It is advisable to give sufficient time in some destinations to allow for security checks and procedures which might be unusual or particularly time consuming. In some locations, additional 'levies' or taxes have to be paid in local currency or by payment card before check-in can commence. Check with our authorisation representatives who will be happy to advise if this is understood to be the case. In any event, with all international travel, expect the unexpected and give sufficient time for your journey to allow for possible delays.
Changes, Cancellations and Failure of Third Party Suppliers (including airlines, hotels and other transportation)
6.9 Third Party Suppliers Airlines can, and often do make schedule changes to flights for operational or other reasons. In such instances, Third Party Suppliers Airlines usually inform Customers directly, but it is best to check with the Third Party Suppliers Airline of the operation of the flight some time prior to the departure date. Third Party Suppliers Airlines will typically not offer alternative flights if the schedule change is less than 6 hours, and in such instances the Third Party Suppliers Airline will expect Customers to make their own arrangements to accommodate the schedule change. Where the change of the schedule flight is greater than 6 hours, the Third Party Suppliers Airline will typically offer alternatives to Customers. While LycaFly will take reasonable steps to inform and arrange changes with Customers were necessary, it remains the responsibility of the Customer to check and make arrangements with the Third Party Suppliers Airline.
6.10 Be aware that if you have booked separate itineraries with other airlines (such as domestic flights, or onward international flights), you will usually not be entitled to a refund or compensation for your loss from the Third Party Supplier, despite its schedule changes. Therefore, you should always book flexible tickets if your flights booked on a separate itinerary are dependent on your Booking with LycaFly.
6.11 You must take out adequate travel insurance cover to cover the event of default (failure) by a Third Party Supplier. Default, failure or otherwise of a Third Party Supplier is not the responsibility of LycaFly and liability is excluded to the fullest extent permitted by law of any liability for the failure or suspension of an Airline operator. Airlines can (and have frequently) become insolvent without prior warning, transportation and accommodation providers are also vulnerable to failures and events outside of their control and you should take out sufficient insurance to mitigate such risks. Although a package holiday may be ATOL protected, you should assess the suitability and extent of insurance coverage you would need in the event of a failure of an airline and insure as appropriate. LycaFly will of course assist all Customers in such circumstances, but the Customer acknowledges and undertakes to mitigate such risks themselves. In placing an Order, you acknowledge and understand those risks, and are obliged to take out adequate insurance as a condition of our acceptance of your Order.
7.Valid and Proper Travel Documentation
You should ensure that you travel with all Required Documentation for your trip:
- i) Carrying proof of booking:
You should ensure that you have a copy of your booking confirmation, including any issued e-tickets. In some destinations, you will require this documentation to access the airport and will be denied entry if you fail to show valid documentation for each passenger travelling.
- ii) Valid, non-damaged/defaced passport or travel document:
Customers must ensure that their passport is not damaged, defaced or otherwise invalidated due to its poor condition therefore not valid for travel.
Some destinations have specific immigration requirements that passports have at least 6, or even 12 month's validity before the date of departure, require several free pages of passport documents or other requirements. Please take care to ensure that your passport expiry date meets the requirements of your destination country. Citizens of the United Kingdom (travelling on a UK passport) can check with the Foreign and Commonwealth Office for specific advice, other nationals can also check with their respective country's Foreign Office.
You MUST ensure that you comply with the accuracy requirements set out in Clause 5 above, and ensure all your details are accurately copied from your passport to your ticket.
iii) Any required visa documentation:
Many destinations require a visa to gain entry and by placing an Order, you are implying to LycaFly that you will obtain and travel with a valid and correct visa. Customers are advised to contact the local embassy or high commission of the country they propose to visit to check current requirements. Always ensure you have sufficient time before your date of travel to obtain any necessary visa, taking note that during busy holiday periods there can be significant delays in obtaining visas and you are strongly urged to be very cautious in giving yourself plenty of time to obtain your visa. In some instances, you might need a visa for a country that you are transiting through - so please check local visa requirements for each segment of your journey. Customers are further reminded that they must travel to their destination using the correct local visa type. For example, tourists travelling on business, emergency, investor type or diplomatic visas is likely to be illegal in the destination country and punishable by law. Ensure your visa covers the entire purpose of your visit to avoid refusal of entry at your chosen destination.
- iv) Any required supporting documentation:
Some destinations will require a letter or letters of consent for travel with one parent with children and can require that a letter of consent is notarised by a public notary or sworn before a practising solicitor/lawyer, as is the case in travel to South Africa, at the time of these Terms and Conditions. Some destinations require the completion of a prescribed form to travel in certain circumstances. These requirements are always strictly enforced without any discretionary allowances for any traveller's circumstances. Therefore, take great care to ensure that each document is completed with care and precision to avoid problems or possible refusal of travel. You must check the requirements before you travel and ensure that you take the necessary steps to meet the requirements.
Under no circumstances does LycaFly accept any liability howsoever arising for the Customer's failure to meet any of the requirements set out above. LycaFly will try to assist Customers facing difficulties in meeting the points above, but responsibility remains solely with the Customer and those travelling to meet those requirements.
8.Payment and Default
Where LycaFly secures your Booking with Third Party Suppliers on the Customer's behalf before the Customer settles the cost of the trip in full, the Customer must comply fully with the payment instructions informed by LycaFly, including any payment deadlines to settle the balance for the Booking, which is 30 days after placing your Order, unless otherwise agreed by LycaFly in writing ('Payment Deadline'). If the Customer misses the Payment Deadline, LycaFly may cancel the Booking, forfeiting the full amount paid to date by the Customer. Whilst LycaFly will take such reasonable steps and work with the Customer to avoid an event of payment default by the Customer, it remains the responsibly of the Customer to comply with the Payment Deadline.
Customers using credit facilities offered by third parties as featured on the Website, In Branch or advised by telephone by LycaFly, agree to be bound by those terms and conditions including the strict payment schedules set out by such third parties.
9.Our liability to you
9.1 LycaFly shall be liable only to Customers for direct losses which arise directly from LycaFly's failure to adhere to these Terms and Conditions and its provision of the Agency Services to you, the Customer. It is a condition of these Terms and Conditions that Customers mitigate (do their utmost) to limit their losses suffered and not incur additional costs which are unreasonable to incur in the specific circumstances. Liability for failures or breaches of Third Party Suppliers in providing their services to the Customer is hereby expressly excluded without reservation to the fullest extent permitted by law.
9.2 Where LycaFly has failed in its obligations to provide Agency Services and subsequently this failure has caused a direct loss to the Customer and the Customer has taken all reasonable steps to mitigate that loss in accordance with clause 9.1 above, LycaFly's liability shall be limited in all circumstances (save for clause 9.3 below) to twice the total value of the Order placed by the individual Customer.
9.3 LycaFly does not exclude or limit in any way its liability for:
(i) death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors (this does not include Third Party Suppliers);
(ii) fraud or fraudulent misrepresentation; or
(iii) breach of any statutory rights or any other loss that may not be excluded or limited by applicable law.
9.4 Except as set out above in clause 9.2 of these Terms and Conditions, the provision of information in this Website, including fare information, rating information, description information is provided without any express or implied warranty or implied term with regards to the suitability, satisfactory quality or fitness of the services offered by the Third Party Suppliers and their services for Customers.
9.5 LycaFly shall not be liable for any direct, indirect or consequential loss arising from the use of the Website, any delay or inability to use the Website, or from the Customer's use of links from the Website. The exclusions and limitations contained in this clause 9 apply only to the extent that it does not affect your statutory rights. These Terms and Conditions do not affect your contractual rights and obligations in respect of any Customer's agreements with Third Party Suppliers.
Pricing Information and Limitations of the Travel Agency Services beyond the Control of LycaFly
9.6 Pricing information is indicative only and can increase (or decrease) before the Order placed is confirmed by a Booking reference from LycaFly. This is because pricing is beyond the control of LycaFly and other businesses also offer the same or similar services (they may offer the exact same itinerary to their own customer) and that customer's own purchase may affect the availability or price if you have chosen that same itinerary with the respective Third Party Supplier. The purchase of your chosen flight, hotel or other services is always subject to this limitation and so there can be no guarantee or warranty implied that any displayed pricing is a confirmed price until an Order is confirmed by a Booking confirmation from LycaFly. Last minute deals are always subject to competition from other customers. The earlier you place an Order before you travel, the risk of Third Party Supplier pricing changing is generally reduced unless during festivals, events or other holiday periods. Please do ask us for our recommendations in this regard for your own travel needs.
10.Events outside of LycaFly's control
10.1 LycaFly will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an Event Outside LycaFly's Control.
10.2 An 'Event Outside LycaFly's Control' means any act or event beyond LycaFly's reasonable control, including without limitation: strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, government embargos, restrictions, travel bans, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or act of God, or failure of public or private telecommunications networks beyond the control of LycaFly.
10.3 If an Event Outside LycaFly's Control takes place that affects the performance of LycaFly's obligations under these Terms and Conditions.
10.4 LycaFly will contact you as soon as reasonably possible to notify you; and
LycaFly's obligations under these Terms and Conditions will be suspended and the time for performance of LycaFly's obligations will be extended for the duration of the Event Outside LycaFly' Control. Where the Event Outside LycaFly's Control affects LycaFly's performance of Agency Services to you, LycaFly will restart the Services as soon as reasonably possible after the Event Outside LycaFly's Control is over. Where an Event Outside of LycaFly's control persists beyond a reasonable time (to be determined in the reasonable discretion of LycaFly), LycaFly shall take steps to refund any sums in excess of its own losses and costs to Customers.
11.1 LycaFly is in the process of implementing a complaints procedure. In the first instance, Customers should direct any complaints to email@example.com or contact us on +44 20 7132 3232 where LycaFly will endeavour to handle your complaint to your satisfaction.
11.2 Complaints relating to Third Party Suppliers, such as damage or loss of luggage by airlines should be addressed directly to such Third Party Supplier.
12.Dangers of Travel and Conduct of Customers and other Travellers
12.1 All travel involves a level of risk and during certain periods of war, unrest, civil disorder you may be subject to risks that LycaFly cannot control. You are strongly urged to check with the relevant authorities for warnings, health risks and other concerns with particular destinations. LycaFly cannot, by providing the Agency Services, be held liable for events beyond its control.
12.2 For Customers travelling from the United Kingdom, the following government website should provide you with up to date advice on your chosen destination country https://www.gov.uk/knowbeforeyougo. You are advised to check this website prior to placing an Order and prior to travelling.
Health and Well-Being
12.3 Customers confirm, by placing an Order that they will take out adequate travel insurance, including adequate health cover for the entirety of the trip. Customers also confirm that they have taken medical advice and vaccinations if required or recommended. Customers further confirm that they have no health problems that will or could affect their safety for the duration of their holiday, and warrant that they are sufficiently able and healthy to travel. LycaFly excludes liability to the fullest extent permitted by law any liability caused by the Customer's failure to comply with this clause, or any clause in these terms and Conditions.
Behaviour, Conduct and Local Laws
12.4 LycaFly wants Customers to enjoy their stay at their chosen destination. However, you must ensure that your behaviour and conduct are compliant with local laws, customs and traditions.
Aside from obvious criminal acts (which are often severely punished), conduct includes activities that might not necessarily seem out of the ordinary or be understood to be unlawful. Some examples: i) in certain destinations, simply being intoxicated in a public place can be a criminal offence ' regardless of demeanour or behaviour; ii) in certain destinations it is illegal for an unmarried couple to share accommodation; iii) in certain destinations same sex relationships are prohibited; iv) in certain destinations it is a requirement that you hold a licence to consume alcohol; v) in certain destinations require all persons to carry identification documents at all times; vi) in certain destinations you will be expected to confirm to standards of modesty of dress to avoid unwanted attention or potential arrest; and vii) in certain destinations photographing at certain locations may be prohibited and punishable by law.
12.5 The above examples are non-exhaustive and Customers are strongly advised to familiarise yourself with any local laws and customs which might seem unusual or be unexpected at the country or region you are transiting through or visiting. You must remember that freedom of speech, religion, political opinion, rights of assembly and even basic human rights are not necessarily respected (or even lawful) in certain countries.
12.6 Although enforcement of certain laws, regulations or requirements at some locations may be lax, be aware of such requirements to avoid any misunderstandings or arrest. You are strongly advised to have details of the local embassy or commission at your destination in the unfortunate event that you require their assistance.
12.7 Always check advice for travellers issued by the Foreign and Commonwealth Office to ensure you are fully aware of any specific dangers to you and other travels. Always take precautions to avoid being a victim of crime.
13.Use of your Personal Information
14.1 LycaFly may transfer its rights and obligations under these Terms and Conditions to another organisation, and LycaFly will always notify you in writing if this happens, but this will not affect your rights or LycaFly's obligations under these Terms and Conditions.
14.2 This contract is between you and LycaFly. No other person shall have any rights to enforce any of its terms.
14.3 Each of the clauses of these Terms and Conditions 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.
14.4 If LycaFly fails to insist that you perform any of your obligations under these Terms and Conditions, or if LycaFly does not enforce its rights against you, or if LycaFly delays in doing so, that will not mean that LycaFly has waived its rights against you and will not mean that you do not have to comply with those obligations. If LycaFly does waive a default by you, LycaFly will only do so in writing, and that will not mean that LycaFly will automatically waive any later default by you.
14.5 These Terms and Conditions are governed by English law. You and LycaFly both agree to submit to the non-exclusive jurisdiction of the English courts.
14.6 These Terms and Conditions are applicable for all Orders placed from 31 May 2018. Earlier editions of these Terms and Conditions are available on request, where applicable to a previously placed Order by a Customer.
Orders placed prior to this date are subject to the Terms and Conditions as were applicable at the date of the Order. Older Terms and Conditions are available on written request.
15.YOUR FINANCIAL PROTECTION
15.1 Your Order may be protected by an Air Travel Organisation Licence (ATOL), granted by the Civil Aviation Authority (CAA). LycaFly' ATOL licence number is 9624.
15.2 Many of the flights and flight-inclusive holidays on this Website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this Website. Please ask us to confirm what protection may apply to your Booking. If you do not receive an ATOL certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate.
15.3 When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
15.4 We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
15.5 If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
Customers should direct all queries to +44 20 7132 3232 or email us at cs@LycaFly.com Communications to any other email address or contact number may delay or prevent our response, so Customers must use only these contact methods. In an emergency, please call us directly to avoid delays in responding to an email.
17.Additional Terms for Customers using Third Party Credit Facilities for their Order.
17.1 LycaFly offers Customers the ability to pay for their Orders by using the services of a Credit Provider offering a Credit Facility. LycaFly is an Appointed Representative of a Financial Conduct Authority Regulated business which offers credit facilities in accordance with the Consumer Credit Act 1974, and any subsequent or additional legislation in force from time to time.
17.2 By entering a Credit Agreement with a Credit Provider, your Order is settled to LycaFly on your behalf by the Credit Provider, who will charge you additional sums in consideration of offering you the Credit Facility. Customers are therefore increasing the total cost of their travel plans by using a Credit Facility and should take care in choosing to do so. Customers should check whether the Credit Facility offered to them is suitable and affordable for their needs.
17.3 By entering a Credit Agreement with a Credit Provider, whereby your Order is settled to LycaFly on your behalf by the Credit Provider, the Credit Provider imposes certain terms on LycaFly in respect of your Order placed with LycaFly. Therefore, LycaFly Customers entering a Credit Agreement agree to be bound by the following terms set out below in addition to these Terms and Conditions ('Additional Terms').
17.4 Any provision of credit provided to a Customer by the Credit Provider is subject to the Credit Agreement in force between the Customer and the Credit Provider. LycaFly has no contractual relationship with the Customer in relation to any provided Credit Facility by the Credit Provider, and disclaims all liability, howsoever arising to the fullest extent permitted by law in relation to the provision of any such Credit Facility.
17.5 By using the Credit Facility of a Credit Provider, the Customer acknowledges and agrees that the Credit Provider is authorised to require on demand that LycaFly cancel an Order and/or Booking placed by the Customer with LycaFly, or amend the Order and/or Booking on request in the discretion of the Credit Provider.
17.6 Where a Credit Provider makes a request to LycaFly in accordance with clause 17.5 above, the Customer agrees that they shall have no recourse to recover any direct or indirect losses suffered, howsoever arising from LycaFly, as LycaFly acts under the direct instruction from the Credit Provider offering the Credit Facility to the Customer.
18.Offer Terms and Discount Codes
Lycamobile £10 Credit Promotion
Each Adult Return fare for Branch Orders and Telephone Orders booked directly with LycaFly from 01 October 2018 to 31 October 2018 to the following destinations CMB, DEL, GOI, BOM, MAA, AMD, DIU, ATQ, HYD, BLR, MNL, CEB, LOS, ACC and ISB are eligible for a £10 value Lycamobile credit to a valid Lycamobile telephone number.
The above is subject to the following strict rules:
- Only Branch Orders and Telephone Orders are eligible for this offer. Online Orders are not eligible.
- Only fully paid adult return tickets are eligible for the offer. Child and infant tickets are not eligible.
- Tickets for Emirates and Jet Airways are excluded from this offer.
- Customers must provide a valid email address to be eligible for the free Lycamobile top-up and must supply their operable Lycamobile telephone number for LycaFly to validate their request.
- Offer MUST be redeemed within 30 calendar days of booking (full payment having been made) with LycaFly.
- Domestic flight tickets are not eligible.
- This offer may be withdrawn at any time by LycaFly without notice.
Use of Discount Codes on the LycaFly Website
Special discount codes offered by LycaFly in its advertisements on radio, television or social media, as well as magazines, periodicals, as well as discount offers to associations, clubs or otherwise are for the sole use of those specific Customers. Use by other Customers is not authorised and discounts will not be honoured or validated. Furthermore, discount codes will not operate from click referral or affiliate referrals to our Website and are expressly excluded from use via those methods of placing an Order with LycaFly. We are aware of third parties offering discount codes that are not issued by LycaFly, and such unauthorised discount codes are invalid for any use for any Orders.
Sri Lanka Holidays Offer
Customers wishing to place a Sri Lanka Holidays offer must comply with the following conditions:
(1) This offer only available on Sri Lankan Airlines, and is limited to a maximum stay of 3 nights in a hotel in Jaffna or Colombo. Customers can extend their stay at additional cost of the offer, but the return journey must be used within 45 days of departure.
(2) Any stop over must be on route to Sri Lanka on an outbound journey and cannot be used on an inbound (return) journey from Sri Lanka.
(3) Offer is not valid for any flights or accommodation during December 2017 or between 23 March 2018 and 1 April 2018. All journeys must be completed by 15 June 2018.
(4) this Sri Lanka Holidays Offer may be withdrawn at any time by LycaFly.
Terms and Conditions of LycaFly Price Match Guarantee
The LycaFly Price Match Guarantee is applicable only for Customers visiting in-store who place a Branch Order and Customers who call us and pay via the telephone via a Telephone Orders. Website Orders are EXCLUDED from this offer.
The LycaFly Price Match Guarantee is subject to the general terms and conditions applicable for all bookings set out above, and the following specific terms and conditions:
Same Business Day: The price match can only be provided for scheduled flights and only where a competing price is obtained on the same business day as LycaFly provided a higher quote.
Evidence of Quote: The quote obtained must be independently verifiable by our team and you may be asked to provide a screenshot or confirmation from the other provider to ascertain the authenticity of the competing quote. For the avoidance of doubt, LycaFly shall have a final determination on the authenticity of a competing quote.
Exact Itinerary: The LycaFly Price Match Guarantee shall only apply for identical itineraries using the same airline departure and return dates and times, same flight numbers and the same booking class. The flight must be available for booking by LycaFly (in some instances of a full booking, it would not be possible to offer a seat or seats as required).
Upfront Payment: Prices will only be matched on a payment upfront in full basis, and holding bookings, partial payments or otherwise are not eligible for the LycaFly Price Match Guarantee.
The LycaFly Price Match Guarantee may be withdrawn at any time by LycaFly.