Last update: August 2017
Please read these Terms of Service (Terms) carefully before using the Seatfrog App (App) or the website at http://www.seatfrog.com (Website). The App and the Website each provide a platform allowing certain products and services (Products) provided by third party travel companies (Carriers) to be offered for sale to our Users (as defined below) (Seatfrog Services).
The Website and the App, are operated by, and the Seatfrog Services are provided by, Seatfrog Ops Ltd a company incorporated in England (Company number 10784220 ) of 11 Staple Inn, WC1V 7QH, United Kingdom (referred to as "we", "us" or "our").
Your access to and use of the Seatfrog Services is conditional on your acceptance of and compliance with these Terms. These Terms apply to all users of the Seatfrog Services (Users).
Upon electronic acceptance of these Terms, you are bound by these Terms and these Terms form an agreement between us and you (Agreement).
Seatfrog is not acting as agent for any User. The Seatfrog Services are intended to facilitate transactions between Users and Carriers. Seatfrog does not owe or accept any fiduciary or other responsibility to Users other than as expressly set out in these Terms or as otherwise implied by operation of applicable law. Seatfrog will act as agent for Carriers in relation to any sales of Products to Users by Carriers via the Website and/or the App. Seatfrog may earn commission from Carriers upon the sale of Products as detailed in these Terms.
We reserve the right to modify these Terms at any time in accordance with this provision. If we modify these Terms, we will post the revised Terms on the App and Website and update the “Last Updated” date at the top of these Terms.
We will also provide you with notice of the modifications by email and inform you of your right to terminate the Agreement in the notification email. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate the Agreement after the revised Terms have been posted on the App and Website and you continue to access and use the Seatfrog Services, such continued access or use will constitute acceptance of the revised Terms.
Notwithstanding the above, if these Terms are modified while you have an active bid, the modifications will not apply to that active bid and the Terms in effect when that bid was placed will apply to that bid.
The Seatfrog Services are intended solely for persons who are 18 years or older. Any access to or use of the Seatfrog Services by anyone under 18 years is expressly prohibited. By accessing or using the Seatfrog Services you represent and warrant that you are 18 years or older.
The Seatfrog Services facilitate Users bidding for and/or purchasing Products offered for sale (whether by auction or otherwise) by Carriers. For example, a User can use the Seatfrog Services to bid to obtain from a Carrier, an upgrade to a premium cabin for an airline trip or purchase an upgrade to a higher class of travel for a train trip.
Products offered for sale via the Website and/or the App are offered for sale by Carriers and not by Seatfrog. Carriers are responsible for setting all auction and purchase parameters such as auction duration, opening and closing times, reserve price, “Upgrade Now” options and all other terms and conditions of purchase of Products. Seatfrog is authorised to receive and accept bids for Products for and on behalf of Carriers as agent for Carriers, and bids will be received and accepted in accordance with the terms and conditions of purchase of Products set by the Carriers.
We may also issue, on behalf of Carriers, an electronic ticket to Users for any Products that they purchase.
You may participate in auctions and/or bid for Products by entering your booking reference number into the App or Website. If you are an eligible passenger and Products in respect of your trip are available via the App or Website, you may be able to enter a bid for a Product or where possible, purchase a Product outright.
Bids placed by Users for Products available for sale are irrevocable and cannot be modified once placed. Users who purchase a Product from a Carrier are subject to the same terms and conditions which would have applied to that Product had it been purchased otherwise than via the Website or the App, and by any subsequent changes to those terms and conditions. Any additional terms and conditions that a Carrier applies to a Product before it is offered for sale to you, will be notified to you before you place a bid for that Product.
We reserve the right to:
at any time and without notice to you.
You acknowledge that we have the right (but not the obligation) to monitor your access to or use of, or any other User’s access to or use of, the Seatfrog Services, for the following purposes:
We reserve the right to make changes to the App at any time. Currently the App is available on iOS and Android, and you may need to download updates to the App to continue using it.
Certain functionality within the App, such as adding a trip and placing a bid, requires an active internet connection.
Using the App without Wi-Fi may result in charges from your mobile provider for the cost of data during the duration of the connection when using the App, and other third party charges. By using the App, you accept responsibility for any such charges, including roaming data charges if you are using the App outside of your home territory. If you are not the bill payer for the device that you are using the App on, we are entitled to assume that you have permission from the bill payer to use the App.
We reserve the right to stop providing the App, and may terminate use of it at any time and without prior notice to you. Unless otherwise advised, upon termination:
In order to access certain features of the Seatfrog Services, for example, to place a bid for a Product, you must register to create an account (Account).
You can register for an Account:
If you register for an Account using a Third Party Account:
Your Account is created based upon the information you provide to us and you warrant that all information you provide to us is true, accurate and complete and you undertake to promptly update your information if it ceases to be true, accurate and complete.
By creating an Account, you commit to maintain the security of your Account. You must:
If you discover or suspect a breach of any of the above, you must inform us immediately.
Each Carrier may pay Seatfrog a commission upon the sale of a Product. The amount of that commission is confidential as between Seatfrog and the respective Carrier paying it.
The price for each Product (Price) is inclusive of applicable taxes and all other charges, including the commission we receive from the Carrier on the sale of its Product.
We currently accept payments made using the following debit and credit cards (subject to verification by our third party payment company, Braintree):
You acknowledge and agree that:
If you wish to dispute the Price or a particular transaction for a Product, please contact us at firstname.lastname@example.org.
You agree to co-operate with us in the resolution of your dispute.
Seatfrog facilitates transactions between Users and Carriers where a User may pay for a Product in a currency different from the Carrier’s stipulated currency of sale for the Product.
The App and the Website allows Users to view, bid and purchase Products in a number of currencies, with currency exchange rates set on a daily basis.
You may place bids or make payments in various currencies by changing your settings. We will calculate the amount payable in the currency that you select using the then current conversion rate obtained from one or more third parties such as OFX (https://www.ofx.com). We will apply a mark up of up to 5% the conversion rate, which in part covers our risk of currency fluctuations. We will notify you if we change any of these arrangements. Your purchase is made at the time the Price is paid and no supplement will be charged (or refund given) if there is a change in the exchange rate between the time of purchase and the date of travel. You may change the payment currency at any time by changing the preferences in your settings, found in the menu within the App.
The earning and redemption of loyalty points, miles or status credits from Carriers is subject to the terms and conditions of the applicable loyalty programs operated by Carriers. Unless otherwise stated, Users who are members of a Carrier’s loyalty program will not be eligible to earn, redeem or set-off against the Price any loyalty points, miles or status credits when purchasing a Product via the Website or the App.
We may, in our sole discretion, generate promotional codes (Promo Codes) from time to time, which may be redeemable by you through your Account via the Website and the App, subject to any additional terms which we establish on a per Promo Code basis (Promo Terms).
You agree that, unless expressly stated otherwise, Promo Codes:
You acknowledge and agree that each Carrier is solely responsible for, and Seatfrog will have no responsibility or liability whatsoever to you or any other person for, the delivery, quality or standard of the Product provided by any Carrier.
If you are not satisfied with a Product provided by a Carrier, please:
The relevant Carrier is responsible for responding to your complaint and, if appropriate, providing a refund for any Product you purchased from it. You acknowledge and agree that Products are offered by Carriers and not by us, and consequently we cannot process any refunds on behalf of Carriers.
The Website and App may contain links to third party websites or services that we do not own or control.
We have no control over, and assume no responsibility for, the content, policies or practices of any third party websites or services.
We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
You acknowledge and agree that:
We grant to you a revocable, non-transferable and non-exclusive licence to use and access the Website, the App and Seatfrog Services for your own use, including downloading, viewing or printing a copy of Content on the Website and the App, provided that you:
Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable licence to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your own use.
We reserve all rights not expressly granted in these Terms.
You are solely responsible for compliance with all and any laws, rules and regulations that may apply to your use of the Website, the App and the Seatfrog Services.
You must not:
You acknowledge and agree that:
To the maximum extent permitted by law, we are not liable to you or any third party for:
To the extent permitted by law, our total liability for any loss or damage that you suffer or incur as a result of our failure in respect of the Seatfrog Services is limited to us re-supplying the Seatfrog Services or, at our option, paying to you the cost of having the Seatfrog Services supplied again.
You agree to indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (whether direct or indirect and including legal fees, costs, penalties, interest and disbursements) we incur in relation to or arising from a breach of these Terms by you.
The following applies to any application accessed through or downloaded from the Apple App Store:
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
We may assign or transfer these Terms, at its sole discretion, without restriction.
Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
We will provide notifications to you:
For notices made:
Our failure to enforce any right, power or remedy under these Terms is not a waiver of such right, power or remedy, and our single or partial exercise of a right, power or remedy under these Terms does not prevent another or further exercise of that or another right, power or remedy.
If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then that provision will not apply in that jurisdiction and is deemed to not have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms which continue in full force and effect.
These Terms are governed by the laws of England and Wales.
The Seatfrog Services may be accessed outside of the United Kingdom. We make no representation that the Seatfrog Services complies with the laws (including intellectual property laws) of any country outside the United Kingdom. If you access the Seatfrog Services from outside the United Kingdom, you do so at your own risk and you are responsible for complying with the laws in the place where you access the Seatfrog Services.
If, at any time, you have a dispute, controversy or claim arising out of or in connection with this Agreement (Dispute), you must first discuss the matter with us by contacting us on email@example.com.
If we fail to resolve the Dispute to your reasonable satisfaction within seven days, then the Courts of England and Wales shall have the exclusive jurisdiction in respect of the Dispute.
Nothing in this clause 26 will limit a party seeking interim, injunctive, preservative, declaratory, urgent or similar relief.
We may terminate or suspend your access to and use of the Seatfrog Services immediately, without prior notice or liability, for any reason whatsoever.
All provisions of these Terms, which by their nature should survive termination, shall survive termination, including but not limited to, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Please let us know what you think of the App, Website, Seatfrog Services and these Terms. You may submit feedback by sending an email to firstname.lastname@example.org or by following the prompts in the "contact" section of our Website.
If you choose to submit any ideas, feedback or suggestions to improve the App, Website, Seatfrog Services or these Terms, you acknowledge and agree that we may use such ideas, feedback or suggestions without any compensation to you.
Questions, comments and requests regarding these Terms are welcomed and should be addressed to email@example.com or Seatfrog Ops Ltd at 11 Staple Inn, London, United Kingdom, WC1V 7QH.