Seatfrog Terms of Service
Last update: 24 May 2018
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“).
1. Acceptance of terms
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.
4. HOW THE SEATFROG SERVICES WORK
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.
5. Accessing the services
We reserve the right to:
- withdraw or amend the Seatfrog Services;
- restrict, block or disable your access to the Seatfrog Services;
- edit or remove one or more parts of the Seatfrog Services; and/or
- remove any material on the App or Website,
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:
- to operate the Seatfrog Services;
- to ensure your compliance with these Terms;
- to comply with applicable law or an order or requirement of a court, administrative agency or other governmental body; or
6. Seatfrog App
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:
- the rights and licenses granted to you in these Terms terminate immediately;
- you must stop using the App; and
- if instructed, delete the App from your device(s).
7. Account Registration
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:
- by inputting your registration details directly onto the App or Website; or
- through certain third party social networking accounts (Third Party Accounts), such as Facebook.
If you register for an Account using a Third Party Account:
- you represent to us that you are entitled to disclose your Third Party Account login information to us and grant us access to your Third Party Account, without breaching any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such Third Party Account providers;
- you acknowledge that we will access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account so that it is available on your Account; and
- you acknowledge that any personal data that you have provided on such Third Party Account will be available on your Account. Personal data is defined in the General Data Protection Regulation (GDPR). This includes records containing your name and address.
8. Your 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:
- not create an Account for anyone other than yourself without their explicit permission;
- not attempt to create another Account without our permission if we have previously disabled your Account;
- keep your contact information accurate and up-to-date. If you change or deactivate your mobile telephone number, you must update your Account information to ensure that your messages are not sent to the person who is issued your old number; and
- not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.
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):
- MasterCard; and
You acknowledge and agree that:
- payment of the Price must be made to Seatfrog and not to the Carrier (who has authorised Seatfrog to collect the Price on its behalf);
- payment of the Price will be taken automatically:
- during the auction should your bid exceed the reserve price for an outright Product sale;
- at auction close should you hold the winning bid; or
- when you have completed the checkout process for a Product which can be purchased outright,
from the credit card associated with your Seatfrog Account and selected as the “Default Card”;
- in the case of payment failure, you may be presented with an opportunity to process your payment by choosing another card or entering new credit cards details;
- we may, from time to time, undertake authorisation checks on your nominated payment methods; and
- we act in a limited capacity as agent for the Carrier in relation to the payment by you of the Price.
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.
10. Currency Conversion
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.
11. Carrier Loyalty Programs
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.
12. Promotional Codes
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:
- are to be used by you only;
- may only be used pursuant to the Promo Terms;
- may not be duplicated, sold or transferred to any third party;
- must not be made available to the general public;
- may be disabled by us at any time for any reason;
- may not be exchanged for cash or any other benefit in kind; and
- may expire prior to redemption.
13. Refunds and Complaints
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:
- notify us within 48 hours of receiving the Product at email@example.com; and
- notify the relevant Carrier.
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.
14. Third Party Links
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.
15. Intellectual Property Ownership and Rights Notice
You acknowledge and agree that:
- as between you and us, all intellectual property in or subsisting in the Seatfrog Services, the Website and the App and all designs, text, graphics, pictures, information and other content available through the Website and the App, including the Seatfrog logo (Content), are owned by us;
- the intellectual property related to or subsisting in the Website, the App and the Seatfrog Services and the Content is protected by copyright and other intellectual property laws;
- save for the limited licence below, you obtain no interest in any of our intellectual property by entering into this Agreement or using the Seatfrog Services, the Website or the App; and
- you must not do anything that interferes with any of our intellectual property.
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:
- do not modify the Content in any way (including any copyright notice);
- do not copy, distribute or publish any part of the Website, the App or the Seatfrog Services, other than as may be reasonably necessary to use the Website, the App or the Seatfrog Services for their intended purposes; and
- otherwise comply with these Terms.
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.
16. Prohibited Conduct
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:
- use the Website, the App or the Seatfrog Services for any unlawful purpose;
- use the Website, the App or the Seatfrog Services to place a bid for a Product that you cannot or do not intend to honour if your bid is accepted;
- use the Website, the App or the Seatfrog Services in any way that interrupts, damages, impairs or makes the Website, App or the Seatfrog Services less efficient, for example, by launching an automated system, program or script, including but not limited to, Web spiders, Web crawlers, Web robots, Web ants, Web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website, App or the Seatfrog Services;
- use the Website, the App or the Seatfrog Services for any commercial or other purposes that are not expressly permitted by these Terms including, for example, soliciting Users for another product or service;
- use the Website, the App or the Seatfrog Services in a manner that falsely implies you have received endorsement by us or that you are in a partnership with us or otherwise misleads others as to your affiliation with us;
- distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the Website, the App or the Seatfrog Services, including any Content, or any rights granted by these Terms, to any other person;
- modify, translate, adapt, arrange, or create any adaptation, modification or derivative works based upon the Website, the App or the Seatfrog Services, including any Content, for any purpose;
- create Internet “links” to the Website, the App or the Seatfrog Services or “frame” or “mirror” the Website, the App or the Seatfrog Services on any other server or wireless or Internet-based device;
- use the Website, the App or the Seatfrog Services to disseminate any content which is defamatory, obscene or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise;
- perform any act which may damage our reputation or bring our business into disrepute;
- engage in any screen scraping or data acquisition and consolidation;
- collect or harvest any personally identifiable information (personal data) from or using the Website, the App or the Seatfrog Services;
- attempt to: (i) transfer any files which contain viruses, Trojans or other harmful programs via the Website, the App or the Seatfrog Services, (ii) access the accounts of other Users, (iii) penetrate any of our security measures, or (iv) decipher, decompile, disassemble or reverse engineer any of the code or software comprising in or in any way making up a part of the Website, the App or the Seatfrog Services;
- violate or infringe anyone else’s rights or otherwise cause harm to anyone; or
- advocate, encourage or assist any third party in doing any of the above.
You acknowledge and agree that:
- the Seatfrog Services are a facilitation service only; we facilitate transactions for Products between Users and Carriers;
- we do not own or provide any travel or transport products or services;
- we do not endorse any Carrier;
- we are not responsible if a Carrier does not honour or fulfil the purchase of a Product;
- we make no representations that a bid for a Product will be accepted;
- the purchase of a Product by you and any arrangements made subsequent to the purchase of a Product are between you and the relevant Carrier only and we are not a party to any arrangements between you and a Carrier;
- we act in a limited capacity as an agent for Carriers to receive and accept bids on their behalf, collect payment, and issue electronic tickets (where applicable);
- we are not responsible for the actions or inactions of Carriers (including the description or images of Products) or another User and we disclaim all liability (howsoever arising) for all such actions or inactions;
- we provide the App, Website and Seatfrog Services to you on an “as is” and “as available” basis. We do not represent, warrant or provide any guarantees in relation to the availability or uptime of the App, Website or Seatfrog Services, nor do we represent, warrant or provide any guarantee that your access to or use of the App, Website or Seatfrog Services will be uninterrupted or error free. The App, Website or Seatfrog Services may be unavailable from time to time to allow for repairs, maintenance or the introduction of new features, and are subject to limitations, delays and other problems which are inherent in the use of internet and electronic communications. We accept no responsibility for any unavailability, delays, delivery failures or losses or damages which you may suffer as a result of such problems; and
- while we take reasonable steps to ensure the information provided to you through Website, the App and the Seatfrog Services is accurate, we accept no responsibility for and make no representations or warranties to you or any other User as to the reliability, accuracy or completeness of the information provided through the Website, the App or the Seatfrog Services. We recommend that you maintain your own records and use your discretion when acting on information that you receive through the Website, the App and the Seatfrog Services.
18. Limitation of Liability
To the maximum extent permitted by law, we are not liable to you or any third party for:
- your actions, inaction, acts or omissions, in your capacity as a User of the Website, the App and the Seatfrog Services and as a customer of a Carrier;
- any loss of revenue, profit, loss of enjoyment, goodwill, reputation, opportunity, data or information (whether direct or indirect) arising out of your access and use or inability to access or use, the App, Website or Seatfrog Services, howsoever arising, whether from tort (including negligence), breach of contract, statutory liability or otherwise.
- any loss caused by our breach of these Terms which does not arise in the natural and ordinary course of events, or which exceeds the Price for a Product, howsoever arising, whether from tort (including negligence), breach of contract, statutory liability or otherwise, although we acknowledge that this limitation will not apply if and to the extent that we are also liable for that loss caused by our breach of the consumer protections afforded to Users under English law; and
- a failure to provide or make available the Website, the App or the Seatfrog Services or meet any of our obligations under these Terms where such failure is due to event beyond our reasonable control, for example, a network or third party software failure.
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.
20. ACCESSING AND DOWNLOADING THE APPLICATION FROM ITUNES
The following applies to any application accessed through or downloaded from the Apple App Store:
- You acknowledge and agree that (i) these Terms are concluded between you and us only, and not between you and Apple, and (ii) we, not Apple, are solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the applicable App Store Terms of Services available here.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between us and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
- You acknowledge that, as between us and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between us and Apple, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
- Without limiting any other provision in these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
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:
- electronically using the email address you provided when registering for an Account (as updated from time to time);
- by text message using the phone number you provided when registering for an Account (as updated from time to time);
- through the in App notification system; or
- by making the notification publicly available on the App or Website.
For notices made:
- via an email, text message or an in App notification – the date of receipt is the date on which such notice is transmitted; and
- by publication on the App or Website – the date of receipt is the date on which the notice is published.
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.
25. Entire Agreement
26. Governing Law and Dispute Resolution
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 firstname.lastname@example.org.
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 email@example.com 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 firstname.lastname@example.org or Seatfrog Ops Ltd at 11 Staple Inn, London, United Kingdom, WC1V 7QH.