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Homepage We Fly 360 SARL – Terms and Conditions

We Fly 360 SARL – Terms and Conditions

Last Revised on 1st March 2016

Welcome to the We Fly 360 website (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our" and " We Fly 360 " refer to We Fly 360 Sarl, registered Swiss company CHE-369.938.509, Rue du lac 84, 1815 Montreux, Switzerland. The term "you" refers to the customer visiting the Website and/or making a reservation through us on this Website, or through our customer service agents.

 

USE OF THE WEBSITE

 

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use” or "Agreement"), effective 1st November 2015. By accessing or using this Website, booking any travel products or services on this Website, or contacting our customer service agents, you agree that the Terms of Use then in force shall apply. If you do not agree with these Terms of Use, then you are not authorised to use this Web site or make bookings via our customer service agents. We Fly 360 Sarl may at any time change these Terms of Use and your continued use of this Website is conditioned upon acceptance of the updated Terms of Use.

As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with these Terms of Use; (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this Website is true, accurate, current and complete, and (vii) if you have a We Fly 360.com account, you will safeguard your account information and be completely responsible for any use of your account by you and anyone other than you. You will indemnify and hold us harmless from all claims, disputes, liability, claims for damages,

costs and expenses which arise from the use of the website by you or by other persons using your login to “My Account” or usi ng your password. If your booking or account shows signs of fraud, abuse or suspicious activity, We Fly 360 may cancel any bookings

associated with your name, email address or account, and close any associated We Fly 360 accounts. If you have conducted any fraudulent activity, We Fly 360 reserves the right to take any necessary legal action and you may be liable for monetary losses to We Fly 360 including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact We Fly 360 Customer Service.

 

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. Unless we expressly permit the following uses or you have a legal claim, you may not:

  • use robots, spiders, scrapers or other automatic devices or manual methods to check the contents of the We Fly 360 website and gain access to it for any purpose;
  •  deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose; or

"frame", "mirror" or otherwise incorporate any part of this Website into any other website;

  •  use the We Fly 360 website for purposes other than bookings according to the rules;
  •  make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  •  convey the impression in any way that We Fly 360 supports your products or services;
  •  place false or inapplicable information on our website;
    • publish or distribute over our website material which violates legislation and statutes, is threatening, offensive, constitutes defamatory statements, is obscene and indecent, incites hate, is pornographic or profane, or material which represents either a crime or an offence,

constitutes liability according to civil law or breaches laws or incites their breach, or is illegal or in breach of contract for any other

purpose;

  • use or access the We Fly 360 website in a manner that, to a reasonable observer, has a negative impact on the performance or functioning of the We Fly 360 website, on the computer system or network, or otherwise on the user or registered customer/user of the We Fly 360 website;
  • upload or transmit through the website contents, software or procedures or use the website in any other way in order to employ viruses, Trojans, worms, time bombs or other programs and procedures which interrupt or interpose the We Fly 360 website or the operation of the We Fly 360 website or the systems which We Fly 360 employs, or adopt measures in any other manner, which lead to an disproportionate load on our system or negatively affect third-party rights;
  • use or attempt to use software, routines or objects which prevent the operation of the We Fly 360 website or which create a disproportionate load on our system, or disguise or conceal the origin of information which is made available on the We Fly 360 website.

 

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are © 2015 We Fly 360 Sarl, all rights reserved. We Fly 360 Sarl is not responsible for content on websites operated by parties other than We Fly 360 Sarl. The name We Fly 360 Sarl, the logo and all associated trade dresses and slogans are registered trademarks and company symbols of We Fly 360 Sarl or affiliated companies. All other names, logos and associated names of products or services, trade dresses and slogans used on this website are the trademarks of the respective owners. All rights are hereby acknowledged. All copyright and other industrial property rights relating to the material found on this website, including HTML codes, text, photographs or other images appearing on our website, either belong to We Fly 360 Sarl or are licensed by the owner to We Fly 360 and are protected by copyright laws and international treaty provisions. If you wish to use information or contents shown on the We Fly 360 website, you must first request written consent from us or from the owner of the trademark rights, depending on the rights o wner. You are not permitted to modify, copy, transmit, display, perform, publish, license or create derivative works of any software on this website or information which you receive through this website. Insofar as a copy or a transmission is expressly permitted, you may neither change nor delete the reference to the copyright or the name of the copyright owner. If you are aware of an infringement of our brand, please let us know by e-mailing us at [email protected] We address messages concerning brand infringement at this email address.

 

SOFTWARE AVAILABLE ON THIS WEBSITE

Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penal ties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using this Website and/or accessing the content and information avail able within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose. Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.

 

ACCURACY OF THE INFORMATION ON OUR WEBSITE AND AVAILABILITY

We publish information on this website in good faith regarding its accuracy and check and update it regularly. However, we cannot guarantee the completeness or the accuracy of this information. We are unable to check and have not checked the accuracy of information which is made available by service providers, such as airlines, and we cannot check the accuracy of other information which is made available to us by third parties, such as weather and exchange rates. We cannot assume any liability with respect to third parties for errors or incompleteness on this website. We can change, update or delete information on the We Fly 360 website without prior notice. We are unable to guarantee the uninterrupted availability of this website.

We give no guarantee or assurance with regard to the usability of the information, products or services on this website for any purposes. The We Fly 360 website is operated in its present form and only within the framework of actual availabilities. You are liable for any risks arising from the use of this website. We are not liable for errors, omissions or misleading information and we exclude our liability by contract, to the extent legally permissible, in connection with such information.

 

PRICES ON OUR WEBSITE

The prices on this website are given in Swiss Francs. Prices can also be shown in a currency chosen by you, as per the current market conversion rates. Prices can therefore change daily as they follow exchange rate movements. As soon as a booking is made, the exchange rate is then fixed and applies also to all further bookings or cancellations within this booking. All payments are in Swiss Francs. The price of the Services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time. We Fly 360 may in some cases levy a booking fee in relation to some flight transactions made on t he Customer's behalf. The Customer will be notified of all applicable charges at the time of booking. Despite We Fly 360’s best efforts, some of the Services listed on the Website may be incorrectly priced. WE FLY 360 SARL EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. We Fly 360 is under no obligation to provide Services to a Customer at an incorrect (lower) price, even after Customers have been sent confirmation of their booking.

 

CURRENCY CONVERTER

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but We Fly 360 and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorise the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

 

PHOTOGRAPHS AND ILLUSTRATIONS ON THIS WEBSITE

We Fly 360 does its utmost to provide photographs and illustrations on our website that give the Customer a depiction of the Services offered.

 

GENERAL

Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement and the Google Terms of Use and Google Privacy Statement. Microsoft and Google reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information:

http://privacy.microsoft.com/en-us/default.mspx

http://www.microsoft.com/maps/assets/docs/terms.aspx
http://www.google.com/privacy/privacy-policy.html
http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html
http://www.maps.google.com/help/legalnotices_maps.html
http://maps.google.com/help/terms_maps.html

 

LANGUAGE TRANSLATOR

The Google® Translate tool is made available on this Website to enable you to translate content such as user-generated reviews. The Google® Translate tool uses an automated process to translate text and this may result in inaccuracies. Your use of the Google® Translate tool is entirely at your own risk. We Fly 360 Sarl does not warrant or make any promises, assurances or guarantees as to the accuracy or completeness of the translations provided by Google® Translate.

This Website is operated by a Swiss entity and the laws of the canton Vaud, Switzerland govern this Agreement. You hereby consent to the exclusive jurisdiction and venue of courts in canton Vaud, Switzerland, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

 

GENERAL BOOKING TERMS & CONDITIONS

 

Contract for Flight: We Fly 360 will make the booking on your behalf as a booking agent for the relevant travel supplier(s) concerned and your contract will be subject to the relevant supplier's terms and conditions which could limit or exclude liability to you (often in accordance with various applicable international conventions).

Your contract will come into existence once we have received your payment in cleared funds and a booking confirmation has been issued.

All We Fly 360 fees can be changed at any time. This includes telesales, cancel, change, payment card or other fees. Such fees can be reduced, increased or removed at any time.

The We Fly 360 terms and conditions apply to all bookings, except where otherwise specified. By proceeding with your travel

booking you are confirming that you have read, understood and accept these general terms and conditions and these form part of the contract under which We Fly 360 provides you with travel services.

 

INTERNATIONAL TRAVEL

You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. We Fly 360 has no special knowledge regarding foreign entry requirements or travel documents.

The Federal Department of Foreign Affairs (FDFA) may have issued information about your chosen holiday destination. FDFA regularly publishes information regarding countries where there exist dangers connected with political Security or other risks, such as medical and sanitary. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant Governments prior to booking travel to international destinations, more information is available at:

http://www.eda.admin.ch/eda/en/home.html (English)

http://www.eda.admin.ch/eda/de/home/travad.html (German)

http://www.eda.admin.ch/eda/fr/home/travad.html (French)

By offering travel products in particular international destinations, We Fly 360 does not represent or warrant that travel to such areas is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.

 

PASSPORT AND VISA

You must consult the relevant Embassy or Consulate of your destination country and the website of Federal Department of Foreign Affairs for this information. For Switzerland, use the following website: http://www.eda.admin.ch/eda/en/home/reps.html regarding any special documentation for the countries you are visiting or for return to Switzerland. Requirements may change and you should check for up-to-date information before booking and departure.

We Fly 360 accepts no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you ma y just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport; please note that many countries require that your passport is valid for six months beyond the period of your stay. People travelling with a one-way ticket can be refused to enter specific countries without being able to prove they have a document showing their departure of the country.

It is vital that you ensure that your passport is legible and intact; any sign of damage could result in a refusal of carriage or entry into your country of destination. If you need additional information, you can contact your Embassy or Consulate.

 

HEALTH

Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take al l recommended medication, and follow all medical advice in relation to your trip.

Further travel advice can be found on http://safetravel.ch (German and French) or http://www.cdc.gov/travel (English).

It is important that all travellers to the United States take note of the following:

A visa will be necessary for entry to the United States of America (USA) unless passengers are eligible under the Visa Waiver Program (VWP). Under certain conditions, the VWP allows holders of full Swiss Citizens Passports who have the right of abode in Switzerland to complete a Visa Waiver Form and submit this on arrival. You must ensure that you comply with all USA Government requirements as per the Visa Waiver Form before confirming your booking. You can refer to the US embassy website to check what is required for you: http://bern.usembassy.gov/

If you have a serious communicable disease of public health significance including HIV you are not eligible to travel the VWP and must possess a valid visa for entry into the United States. If you have ever been arrested or convicted for any reason in any country, even if the arrest did not lead to a conviction including driving offences, you may require a visa and should consult the US Embassy directly.

 

BOOKING YOUR TRIP

When you use our website to make a booking, you may have to provide us with your credit card details in order to cover the full cost of your trip. You authorise us or an authorised third party to take payment for the total amount of your booking.

The price of each product or service is regularly reviewed and may go up or down. Promotional or discounted offers on this site are provided at our discretion. All offers are subject to availability and may be withdrawn at any time.

When you make a booking, you guarantee that you have the authority to accept, and do accept the We Fly 360 terms and conditions on your behalf and on behalf of all members of your party and, further, if you are making a booking for more than one person, that you are responsible for all payments due from each and every party member for whom you are making a booking.

It is your responsibility to ensure that any information, which is given to you by us or, any of our employees or suppliers is passed on to all members of your party. Any information that we give to you shall be deemed as given to each and every party member for whom you are making or have made a booking.

 

PAYMENT BY CREDIT CARD / FEES

The customer indicates his credit card number, its expiry date and its CSC number (Card Security Code), when making the reservation. It is the customer’s responsibility to provide We Fly 360 with a valid credit card (including correct number and ensuring it is still in date and with sufficient funds). If this is not provided, We Fly 360 cannot guarantee either the price of the booking or the booking itself. Some banks and credit cards impose fees for international transactions. If you are making a booking from outside of Switzerland on a CHF credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than t he figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of Switzerland. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

In order to contribute to the credit card companies’ fees charged to We Fly 360, a fixed amount is applied to each payment. All such fees will be highlighted to you during the course of making your booking.

Some regular airlines also charge credit card fees. They will be charged directly by the airline and displayed during the booking process as well as on the final confirmation. These credit card fees are non-refundable.

For low cost carriers, the amount of this charge will be an estimate and will also be highlighted to you during the course of making your booking. All such fees will be included in the final price overview of the booking process. The final price will be stated also in the booking confirmation.

 

SUPPLIER RULES AND RESTRICTIONS

You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion.

You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

 

EVENTS BEYOND OUR CONTROL

We Fly 360 Sarl shall not be liable for any failure in the course of this Contract and shall not pay any compensation where the performance of our contractual obligations is prevented or affected by a force majeure event. This shall include without limitation government intervention, wars, civil commotion, hijacking, fire, floods, accident, adverse weather conditions, storm, strikes, lockouts, terrorist attacks or industrial action, closure of airports, technical or maintenance problems or unforeseen operational decisions of air carriers such as changes of schedule or any failure in the information technology infrastructure (including but not limited to our website) or failure in internet connections, affecting either We Fly 360 Sarl or its Travel Suppliers.

 

YOUR BEHAVIOUR

It is your responsibility to ensure that you and the members of your group do not behave in a way which is inappropriate or causes danger, distress, offence or damage to others or which risks damage to property belonging to others (including but not limited to drunkenness and air rage) whilst on your trip.

If, in our reasonable opinion or that of our suppliers, your behaviour is inappropriate and causes danger, distress, offence, or damage to others, or risks damage to property belonging to others, we and/or our suppliers (e.g. airline pilots) may take appropriate action in order to ensure the safety and comfort of our customers and their property and that of our suppliers, including terminating your trip, in which case our and our supplier's responsibility to you will cease immediately and you will not be eligible for any refunds, payments of compensation and/or any reimbursement of any cost or expenses you may incur as a result of such termination. Further, you will be liable to reimburse us for any expenses we incur necessarily as a result of such termination.

 

DISPUTE RESOLUTION

Each reclamation shall be addressed to We Fly 360 Sarl in written form within a delay of maximum 30 days after the date of return. Exceeding this delay, We Fly 360 Sarl reserves the right to not commence further steps. Disputes arising out of or in connection with these terms and conditions which cannot be amicably settled may be referred to the ombudsman of the Swiss travel industry.

 

SPECIAL ASSISTANCE

If you are disabled or incapacitated or of limited mobility or require special assistance for any reason, we require that you notify us at

the time of making your booking. If these requirements change before your trip we can only accommodate you appropriately, if we were informed by you before your trip starts. We will not subsequently be liable to you for any losses you may incur in the event that we or our suppliers are unable to accommodate your requirements.

 

WEATHER

We Fly 360 cannot be held responsible for any disruption to your trip due to bad or unusual weather conditions.

 

SPECIAL REQUESTS

Please advise us of any special requests and we will pass these on to the relevant supplier. However, we cannot guarantee your special request as we do not have any direct control over the manner in which the services are provided.

 

TELEPHONE CALLS RECORDED

We reserve the right to randomly record telephone calls to ensure that our customer service is constantly reviewed. By accepting these terms and conditions, you accept and consent to this practice. In addition, when We Fly 360 customer service agents answer the phone, the following initial announcement will be made: “For training and quality purposes we may record your call.” These recordings will only be used for the purpose of controlling the quality of our customer service.

 

PRIVACY POLICY

 

We Fly 360 Sarl believes in protecting your privacy. Please click here  (<<hyperlink to privacy policy) to review our current Privacy Policy, which also governs your use of the We Fly 360 Sarl Website. You acknowledge that you have read and are fully aware of the contents of such privacy policy and accept its enforceability. By proceeding with your travel booking, you confirm that you have read, understood and accept the terms of the privacy policy. You must keep secure any means of identification which we supply to you in order to use services on this site. You must supply accurate and complete information when using this site.

 

CHANGE AND CANCELLATION –  by the Customer

 

Cancellation

Cancellations are subject to the general terms and conditions of the concerned Service Provider for the purchased product and are generally non-refundable from We Fly 360, unless the Service Provider (airline etc) agrees to refund as his general policy, as would have been explained and detailed at the point of booking and accepted by the Customer. As a general rule, these contracts cannot be modified or cancelled without payment of cancellation, modification or administrative fees. Cancellations can be made either by telephone by calling +41 21 964 5000 or by emailing [email protected]. All such requests will be dealt with on behalf of the service provider concerned. The Customer does not have an automatic right of cancellation unless such rights are provided by the individual Suppliers under their Rules and Restrictions (which are provided to the Customer prior to booking)

The refundable portion of your booking price (if any) will be refunded to you and to the extent we are refunded by the travel supplier. We shall pass this refund onto you after deducting our cancellation fee.

In case of cancellation, the We Fly 360 fees taken during booking process are not refunded. (Please refer to reimbursements / refunds below for in depth detail on refunds.)

In the event of cancellation or partial cancellation of a booking by the Customer, compensation may be required from the Customer to cover the costs of the booking process travel arrangements already made. In addition to this, charges may be imposed by the applicable Suppliers. Where a cancellation affects more than one person on the booking, any applicable cancellation charge will be applied in respect of each person on the booking. In some cases, compensation for cancellation payable to the applicable Suppliers can amount to the full value of travel booked, so that no reimbursement to the Customer is made. Partial cancellation, i.e. cancellation of a particular arrangement, without losing the value of the particular arrangement may not be possible.

If the Customer does not present himself / herself at the departure of the trip, refunds will only be due to the Customer in line with the

Rules and Restrictions of the applicable Suppliers as notified in the booking process.

We reserve the right to cancel your booking if full payment is not received in a timely fashion.

 

Changes

If after making the booking the Customer wants to change the trip with respect to the date of travel, the destination, the place where the trip starts, the Customer should call +41 21 964 5000 or email [email protected] All changes are subject to availability, limitations and restrictions of the relevant travel supplier.

If the change means that the cost of your booking has increased, if, for example, you wish to upgrade to a more expensive hot el, you will need to pay such extra costs. However, if the change means that the cost of your booking has reduced, you are not eligible for a refund of the difference from us.

If you wish to change or cancel any part of your booking, a We Fly 360 administration fee will apply. As detailed in the relevant sections below:

 

We Fly 360 change fees

We Fly 360 cancellation fees

Air

50 CHF per adult and per child

75 CHF per adult and per child

 

Detailed change and cancellation rules for flights

The cancellation or change of the contract by the customer (for example: change or cancellation of reservations) is subject to the general terms and conditions of the Service Provider concerned. As a general rule, these contracts cannot be modified or cancelled without payment of cancellation or modification fees. These fees can amount up to the whole of the price of the cancelled or modified service.

In addition to the modification or cancellation fees charged by the Service Provider, We Fly 360 charges in any case modification or cancellation fees respectively amounting CHF 50 per ticket for changes and CHF 75 for cancellations. This rule is valid in case of ticket modifications or cancellations, as well as for airport taxes refunds.

Modifications of reservations are possible subject to availability of seats on new dates and only before issue of the travel documents.

In certain cases air tickets are subject to restrictions. Depending on the type of tariff, some tickets cannot be modified or refunded once they are issued. In other cases, and subject to a penalty payment, the airline used may agree to change the dates of reservation. Cancellation and modification fees are imposed by the airlines. In case of the cancellation by the customer before departure, the penalties vary from 0 to 100% of the ticket price, depending on the type of tariff used.

When you as the customer interrupt or modify your journey, any unused legs are, in general, not refundable. In that case, airlines are not refunding airport taxes. For round trip tickets, all sections of the journey must be flown; as this is subject to the cancellation terms of the airline you have booked with us, you should confirm those details with the airline. If the outbound portion of your journey is not used, usual practice is for airlines to cancel all subsequent legs and tickets will become invalid.

The cancellation and amendment terms of low cost flights are the applicable terms of the airline. You need to contact the airline directly to cancel or make amendments to low cost flights. Usually fares for low cost flights are non-refundable.

If the reason for your cancellation is covered by the terms of any insurance policy you have booked, you may be able to reclaim any applicable non-refunded fares or cancellation charges from the insurers.

 

Reimbursements / Refunds

In the event of a refund to the Customer after the above deductions, the relevant amounts will be transferred back by the party that took the original payment (such as We Fly 360, a Supplier, or such other party as may appear on Customer's credit card or bank statement) via the original method of payment used to make the booking. If your original method of payment has been cancelled or has expired, and you have not informed We Fly 360, then you are responsible to coordinate with your bank or your payment service provider to obtain your refund, if we have transferred this to your payment provider on your behalf.

Any booking charges applied will not be eligible for reimbursement. Customers should note that refund of flight bookings may take up to 6 months.

 

Restricted Fares

Unless otherwise stated by the Customer, it is assumed that the Customer requires the least expensive services. Such services (e.g. "economy class") may be provided without any possibility of modification or cancellation. In such cases, the services cannot be provided in a different manner or at a different time or place to those contracted.

 

CHANGE AND CANCELLATION - by We Fly 360

 

We Fly 360 will inform Customers immediately of changes or differences to their travel arrangements. Changes or differences to the travel contract that become necessary after the contract has been concluded and are not brought about by We Fly 360 in bad faith are permitted insofar as the changes or differences are not significant and they do not affect the overall character of the trip booked. Flight time information cannot be considered binding. The same rights apply to the altered arrangements as applied in respect of the original arrangements.

 

In case of a significant change, you have the following options: You may accept the changes or you may withdraw from the contract.
If you withdraw from the contract, you have the following options: You may get a full refund, or a package of equivalent or higher quality if we are able to provide them, or package of lower quality plus a refund of the difference in price.

Significant changes are normally regarded as:

i) A change in your Swiss departure airport;

ii) A change of more than 12 hours in your departure time from Switzerland; or

iii) A price increase of more than ten percent.

 

Generally low cost flight fares are not refundable.

 

In the unlikely event that your booking has to be cancelled, a full refund will be made of all monies previously paid to us to the person/s who originally paid for the booking.

 

Should your flight be cancelled, your rights and remedies will be governed by the airline's conditions of carriage. As a result you may be entitled to:

(a) carriage on another flight with the same airline without additional costs;

(b) re-routing to your destination with another carrier without additional costs;

(c) receiving a full refund;

(d) some other right or remedy.

 

Flight times shown are subject to change by the airline, which may not be obligated to provide an alternative/refund.

 

Changes by We Fly 360: during travel

If, after the Customers' departure, a significant part of their pre-booked travel arrangements cannot be provided, Customers will be offered a suitable alternative if possible at no additional cost to them. If it is not possible to offer Customers a suitable alternative or Customers do not accept the alternative arrangements for good reason, We Fly 360 will return Customers to the place of their departure or to another location to which they agree. If appropriate, We Fly 360 will also pay compensation to Customers. The amount of compensation will be reasonable, taking account all the circumstances.

 

Issues During Travel - Redress and obligation to co-operate

If the trip is not implemented in accordance with the contract, the Customer can ask for redress during the trip. The Customer's co- operation is necessary. Customers are therefore obliged to do everything reasonable to resolve the fault. Customers must avoid damage where possible, or at least use all reasonable endeavours to limit it. Customers are obliged to report deficiencies in the trip. If the trip documents do not refer to a local representative, please contact We Fly 360 directly to report any problems. Quote in any case the trip number, the destination and the dates of travel.

Customer Service Tel: +41 21 964 5000  
e-mail: [email protected]

Lines open: daily from 09:00 - 18.00 CEST

We Fly 360, or any relevant local representative, will use prompt efforts to find appropriate solutions to any reported problems. We Fly 360 will not be responsible for any issues arising as a result of circumstances that cannot be attributed to We Fly 360.

 

Supplier Rules and Restrictions

We Fly 360 works with suppliers of travel products such as airlines, but does not control these suppliers. The services are subject to the Rules and Restrictions of the suppliers offering the travel products. The Rules and Restrictions of suppliers of air transport services are made available prior to making a booking, and accepted by the Customer, by accepting the We Fly 360 terms and conditions.

 

Force Majeure

If an unforeseen force majeure event which could not have been avoided if all due care had been exercised impedes implementation of the trip to a major extent, endangers it or interferes with it, then either party can terminate the contract. Where We Fly 360 is the party affected by the force majeure, We Fly 360 will provide customers with prompt assistance and take the necessary measures to bring customers back to the place where their package started. Where customers are the party affected by the force majeure, We Fly 360 will not be obliged to refund them any sum for services, which have not yet been performed. Customers will also be responsible for paying any additional costs associated with getting back to the place where their package began.

 

FLIGHTS

 

It is your responsibility to ensure that all details of the booking are correct before proceeding. It is your responsibility as well to check that the name on your passport matches the name on your ticket and/or booking confirmation. First and family names must not be inverted. You must notify us immediately if you change your email address or contact telephone number after making a booking with We Fly 360.

 

e-tickets

With effect from 1 June 2008, as a result of a decision made by IATA and all airlines, it is no longer possible for travel agencies to issue paper tickets. This means that We Fly 360 (as with all other travel agencies) is only able to issue e-tickets. The vast majority of all tickets today are able to be issued as e-tickets and the airlines are working to make tickets 100% e-ticketable for travel agencies. Occasionally where it is not possible for us to issue an e-ticket, the following will apply: The finalisation of your booking will be subject to technical capacities of the airlines concerning e-ticket. In the unlikely event of a failure to issue the e-ticket (airline not offering e-ticket functionality), We Fly 360 will cancel your booking in its entirety, will refund you all monies paid, no contract will be deemed to have existed and We Fly 360 will have no further liability to you. If this should prove necessary, We Fly 360 will provide you with possible suitable alternatives.

 

Low-cost flights

Our booking fee for low cost flights will be debited from you at the time of booking. We shall dispatch a confirmatory invoice to you which shall confirm your booking. The airline will debit payment from you for the flight fare and taxes.

Low cost airlines may also charge additional fees such as credit card fees, fees for checked baggage, for printing the boardi ng pass at the airport, for reserving specific seats and for in-flight food and drink. During the booking process you will be advised of the amount of our booking fee and the credit card fees.

Some low cost airlines can charge in foreign currency. Depending on the exchange rate and the commission charged by the credit card, the total amount in CHF can be slightly different from the one on the confirmation. This difference cannot be paid by We Fly 360. Regarding the luggage check-in with low cost airlines, We Fly 360 advise you to contact the concerned airline prior to departure, in order to add the baggage to your booking. The additional fees for this service will be communicated by the airline. You can choose also to check-in your luggage directly at the airport on the day of departure. In this case the additional fees for the luggage check-in might be more expensive.

Some low cost airlines require their passengers to check in online and to print their boarding passes in advance. Additional fees may be charged if the airline has to print the boarding pass for the passengers at the airport.

 

Flying times

In your itinerary from We Fly 360, flight times are given for guidance only. All departure/arrival times on your flight ticket are provided by the airlines concerned and are estimates only. They may change due to air traffic control restrictions, weather conditions, operational/maintenance requirements and the requirement for passengers to check in on time.

Unless your flight is booked as part of a package, we are not liable if there is any change to a departure/arrival time previ ously given to you or shown on your ticket or for any other alteration to your flight by the relevant airline. Also, please note that where a sector of a flight itinerary is not utilised without contacting the carrier directly any remaining sectors may be subject to cancellation without further notification. Where this situation arises we are unable to accept responsibility for any costs incurred. For all air travel it is your responsibility to check the departure and arrival times of your flights at the time of travel.

We are unable to make any special arrangements for you if you are delayed as these matters are at the sole discretion of the airline concerned. Please note that the times shown on your ticket or itinerary are the departure times of the flight. Check -in times, as advised by the carrier or in the airlines’ timetable are the latest times are given for guidance only and are generally the latest times at which passengers can be accepted for travel, allowing the necessary time to complete all formalities. Flights cannot be held up for passengers arriving late and no responsibility can be accepted by us or the airline in such cases.

 

Seat requests

We have no control over the airlines’ allocation of seats and so, if you have particular seat requests, you should check -in at the airport as early as possible. We cannot guarantee that the airline meets your requests. Major airlines allow more and more an online check-in about 24 hours before departure time.

 

Direct flights

Please note that a flight described on your flight ticket as "direct" will not necessarily be non-stop. A flight that is described as direct is one where there is no need to change aircraft during the journey.

 

Pregnancy and children

Some airlines refuse to carry women who will be 28 weeks or more pregnant on the date of return travel. Please check with the airline concerned as their rules may vary and also consult your doctor. Infants must be 6 weeks old or more to travel by air and must either sit on an adult's lap or occupy an infant seat. Please contact the airline you are travelling with for details of appropriate seats. Generally children aged 2 years or more must occupy a seat. A child must be under 2 years of age on the date of their return flight to be entitled to the infant fare level which is usually 10% of the International Air Transport Association’s (or IATA's) published fare. Children must be under 12 of age on the date of their return flight to be entitled to the children fare level, which is usually 33% of the International Air Transport Association’s (or IATA’S) published fare.

If you wish to book a flight for an unaccompanied minor (UMNR), you must inform the airline in advance according to the conditions imposed by them. In case of disputes, We Fly 360 shall not be liable for the reimbursement of possible costs imposed by the airline.

 

Government imposed taxes, fees and charges

The price of your flight includes all government-imposed taxes, fees and charges. If departure taxes of your return flight are to be paid locally such have to be paid in the country of departure. In some cases, you must pay departure taxes locally to the Government of the country you are departing from, and are therefore non-refundable by us.

 

Community list

In accordance with European regulations we are required to bring to your attention the existence of a 'Community list', which contains details of air carriers that are subject to an operating ban within the European Community. The Community list is available for inspection at http://www.easa.eu.int/ws_prod/index.html.The Community list has been adopted by Switzerland. We reserve the right to change your airline in the event that the airline is blacklisted under the EU regulations. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate.

 

Baggage

You will usually be permitted a free checked baggage allowance and a free cabin baggage allowance, the limits of which may differ by airline, class and/or route. It is recommended that cabin baggage is kept to a minimum. Extra charges may apply for checked baggage in excess of the permitted allowance. Please ask the airline for more specific information as these rules vary from time to time. You can refer to http://www.iata.org/bags for information and links. For safety reasons dangerous articles must not be packed in checked or cabin baggage. Restricted articles include, but are not limited to, all knives (including household cutlery), sharp objects or cutting implements of any kind and of any length, whether of metal or other material, box cutters, corkscrews, straight razors, metal nail files, scissors of any kind and of any length, hypodermic needles (unless required for medical reasons) knitting needles, real/replica/toy weapons (whether plastic or metal), compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidising materials, poisons, infectious substances and briefcases with installed alarm devices.

Passengers requiring the use of medical syringes in flight such as diabetics and other passengers with documented proof of medical need must ensure that it is professionally packed and labelled. If it is not, the medication is likely to be removed.

 

Denied boarding, cancellation or flight delays

Under European and Swiss law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at European airports and will also be available from airlines. However reimbursement in such cases is the responsibility of the airline.

 

ESTA

If you are travelling to the USA or are in transit via this country, please review the US Government entry regulations and apply online at least 72 hours prior to leaving through the ESTA system (Electronic System for Travel Authorisation). {Download form} We Fly 360 cannot be held responsible for an embarkation refusal or refusal of entry.

 

CUSTOMER SERVICE

 

For quick answers to your questions please contact our Customer Service Centre on +41 21 964 5000. Or, you can write to us at:

Attn: Customer Service

We Fly 360 Sarl
Rue du Lac 84
1815 Montreux, Switzerland

 

GOVERNING LAW AND JURISDICTION

 

These terms and conditions are governed by the laws of Switzerland. The Customer agrees that the Courts of Lausanne, Switzerland shall have jurisdiction to hear and determine any legal dispute against We Fly 360 Sarl.

 

CHANGES TO GENERAL TERMS AND CONDITIONS

 

We Fly 360 Sarl reserves the right to change or update the Terms and Conditions relating to the use of this website without prior notice to the customer. The current version of the Terms and Conditions will be displayed within the website from the date on which any changes come into effect. Continued use of the website following any changes to the Terms and Conditions shall constitute the customer’s acceptance of such changes.

 

LIABILITY

 

We Fly 360 does not limit its liability for (i) loss caused by its fraud or fraudulent misrepresentation (ii) loss arising from death or personal injury caused by its negligence; or (iii) any other loss that may not be excluded or limited by applicable law. Otherwise We Fly 360 shall be liable only for losses which arise directly: (a) from its breach of a legal duty of care; or (b) are a result of its breach of these General Terms and Conditions, and that liability is at all times limited to a sum equivalent to three times the cost of the relevant travel product.

Claims against We Fly 360 for compensation are limited or excluded insofar as international treaties or other legal regulations that limit or exclude liability apply to the arrangements to be provided. Liability for air transport is governed by the applicable stipulations of international treaties including Warsaw, Montreal and The Hague Convention. These treaties limit the liability of the air carriers for death or causing physical injury (in respect of non-EU airlines only) as well as for the loss of or damage to baggage. Liability in the case of carriage by ship is also governed by the relevant legal or treaty stipulations.

The information displayed on this Website has been provided by the respective Suppliers, and We Fly 360 does not accept any liability for any inaccuracies. Customers must ensure that they verify all information given before booking.

If, despite the limitation above, We Fly 360 are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of We Fly 360 and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to We Fly 360 Sarl in connection with such transaction(s) on this Website, or (b) One-Hundred Swiss Francs (CHF100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of We Fly 360 Sarl and/or their respective suppliers.

 

DISCLAIMER

 

Except as expressly set out in these General Terms and Conditions, all the information contained in this Website is provided without any warranty (either express or implied) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are excluded. By accessing this Website, the Customer agrees that We Fly 360 will 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 apply only to the extent permitted by law.

 

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