1. USAGE

1.1 Persons using the FLYEXPRESS web site for any reason whatsoever, subject themselves to and agree to the terms and conditions of FLYEXPRESS when accessing the web site as set out below.

1.2 This web site is intended to provide the user with information regarding FLYEXPRESS, its products offered and/or services rendered.

1.3 Without derogating from the aforegoing, FLYEXPRESS hereby authorises the user to view, copy, download to a local drive, print and distribute the content of this web site, or any part thereof, provided that:

1.3.1 such content is used for information and/or non-commercial purposes only; and

1.3.2 any reproduction of the content of this web site, or portion thereof, must include the following copyright notice: © SAX 2005. ALL RIGHTS RESERVED.

1.4 Users that wish to use content from this site for commercial purposes may only do so with prior written permission.

 

2. INTELLECTUAL PROPERTY RIGHTS

All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to SAX, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site is expressly reserved.

 

3. DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002

3.1 The full name and legal status of the web site owner is: South African Express Airways (Pty) Ltd, reg. No. 1990/007412/07

3.2 The full address of the web site owner is detailed hereunder.

3.3 The web site address of this web site is: www.flyexpress.aero; www.flysax.com; www.saexpress.co.za

3.4 Directors of SAX: Directors of SAX should read:*LG Boyle (Chairperson), **E Bunyenyezi, C Christodoulou, N Madalane, BF Mohale, S Nicolaou, B Ssamula, G van Heerden, M Vuso, ***SP Mzimela (Chief Executive Officer), ***SS Zulu (Chief Financial Officer). Company Secretary: George Mothema

*British **Rwandan/Ugandan ***Executive Director

3.5 Physical address for receipt of legal service: 4th Floor Offices, West Wing, Pier Development, Johannesburg International Airport.

3.6 Main business: Local and regional passenger/cargo air transportation.

3.7 COSTS/PAYMENT METHODS

3.7.1 Taxes: The following taxes are levied - Value-Added Tax, Airports Tax and Security Tax.

3.7.2 Manner of payment: All major credit cards.

3.7.3 Records of transactions: A record of the transaction is e-mailed to the user.

 

4. AGREEMENT

4.1 Booking a flight without completing the purchase cycle shall not:

4.1.1 constitute or give rise to any agreement between FLYEXPRESS and users cannot hold FLYEXPRESS liable if such items are not available when the purchase cycle is completed later; and/or

4.1.2 constitute a booking for such a booking.

4.2 An agreement between FLYEXPRESS and a user shall only come into effect if and when a credit card authorisation is received from an issuing bank; or

4.3 FLYEXPRESS reserves the right to refuse to accept and/or execute a booking without giving any reasons therefor. FLYEXPRESS also reserves the right to cancel bookings in whole or in part in FLYEXPRESS sole and absolute discretion. FLYEXPRESS shall only be liable to refund monies already paid by the user.

4.4 Time of dispatch: Users may collect tickets at SAA desks from departing airports.

4.5 Payment security: Secure Sockets Layer and digital certificates.

4.6 Alternative dispute resolution: None

4.7 Cooling-off period: You have the right to return goods or services purchased from this site within 7 days if such goods or services are not listed in section 42 of the Electronic Communications and Transactions Act No. 25 of 2002. This right does not extend to the following goods and/or services:

(a) for financial services, including but not limited to, investment services, insurance and reinsurance operations, banking services and operations relating to dealings in securities;

(b) by way of an auction;

(c) for the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the home, residence or workplace of the consumer.

(d) for services which have begun with the consumer's consent before the end of the seven day period referred to in section 45(1);

(e) where the price for the supply of goods or services is dependent on fluctuations in the financial markets and which cannot be controlled by the supplier;

(f) where the goods-

(i) are made to the consumer's specifications;

(ii) or clearly personalized;

(iii) by reason of their nature cannot be returned; or

(iv) are liable to deteriorate or expire rapidly;

(g) where audio or video recordings or computer software were unsealed by the consumer;

(h) for the sale of newspapers, periodicals and magazines;

(i) for the provision of gaming and lottery services; or

(j) for the provision of accommodation, transport, catering or leisure services and where the supplier undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period.

4.8 The user has the right to review, correct and cancel electronic transactions before the user effect payment and/or place a booking.

4.9 The user may lodge a complaint at the Consumer Affairs Committee, as the case may be, if this site does not comply with Chapter VII of the Electronic Communications and Transactions Act and/or this agreement.

4.10 By using this web site or communicating with FLYEXPRESS by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be "in writing".

 

5. CHANGES AND AMENDMENTS

5.1 FLYEXPRESS expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this web site without prior notice.

5.2 FLYEXPRESS reserves the right to change and amend the prices and rates quoted on this web site without any notice.

5.3 The user undertakes to check FLYEXPRESS frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the web site.

 

6.1 FLYEXPRESS protects a user's privacy.

6.2 No personal information will be disclosed to third parties without the user's permission or due process, however, FLYEXPRESS may share personal information with business partners.

6.3 FLYEXPRESS gathers and will be in possession of the following private and personal information of users and passengers:

6.3.1 Information provided by the user voluntarily - this information is used to provide a better service to users; and

6.3.2 Information automatically provided (e.g. cookies) - this information is gathered to better your browsing and interaction with FLYEXPRESS. Cookies cannot harm your computer or carry viruses.

6.4 By using this web site the User consents to the following:

6.4.1 FLYEXPRESS may use your personal information to communicate with you from time to time. Users may indicate if they do not wish to receive such communications;

6.4.2 FLYEXPRESS may use user's information for non-personal statistical purposes;

6.4.3 FLYEXPRESS retains the copyright in databases of personal information of users; and

6.4.4 FLYEXPRESS may share user's information with business partners for commercial reasons.

 

7. LINKING AND FRAMING

7.1 Any third party site may link to this web site provided that such a link is directed at the home page of this web site. It is expressly prohibited for any person, business, entity or web site to link to any page other than the home page of this web site, without the prior written approval of FLYEXPRESS.

7.2 It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of FLYEXPRESS.

 

8. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

8.1 No information or data on this web site is an offer, but merely an invitation to do business.

8.2 Merely sending a data message to this web site shall conclude no agreements or its owners, valid agreements are only concluded as detail above.

8.3 Data messages, such as e-mail, are only deemed to have been received by FLYEXPRESS once reply to and such a reply does not include an auto-reply.

 

The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this web site is not permitted if such technology will result in slowing down this web site' server or copyright infringement of any data and information available from this web site. Data and information may only be used in compliance with sections 1 hereof.

 

10. LINKS TO THIRD PARTY SITES

10.1 FLYEXPRESS may provide links to the user only as a convenience and the inclusion of any link does not imply FLYEXPRESS's endorsement of such sites.

10.2 Linked web sites or pages are not subject to the control of FLYEXPRESS. FLYEXPRESS shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site

 

11.1 All reasonable steps will be taken to secure a user's information.

11.2 User's undertake not to divulge their user name and passwords to any other person

11.3 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this web site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that FLYEXPRESS should suffer any damage or loss, civil damages will be claimed.

 

12. DISCLAIMER

12.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, FLYEXPRESS shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, FLYEXPRESS makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.

12.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with FLYEXPRESS that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software

12.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of FLYEXPRESS and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site

12.4 All items purchased from FLYEXPRESS are made pursuant to agreements with shipping and delivery agents and risk of loss pass from FLYEXPRESS to such agents upon delivery of any item to such SAA or its partners

12.5 Neither FLYEXPRESS nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this website

 

13. SEVERABILITY

13.1 These Terms and Conditions of Use constitute the entire agreement between FLYEXPRESS and you, the user of this web site. Any failure by FLYEXPRESS to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.

13.2 In the event that any term or condition of the use of this web site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

 

14.1 If the user's journey involves an ultimate destination or stop in a country other than the country of departure the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of SAX or its partners for death or personal injury and in respect of loss of or damage to baggage. See also notices headed "Advice to International Users on Limitation of Liability" and "Notice of Baggage Liability Limitations".

14.2 As used in this contract "ticket" means this user ticket and baggage check, or this itinerary/receipt if applicable, in the case of an electronic ticket, of which these conditions and the notices form part, "carriage" is equivalent to transportation", "SAX or its partners" means all air SAX or its partners that carry or undertake to carry the user or his baggage hereunder or perform any other service incidental to such air carriage, "electronic ticket" means the Itinerary/Receipt issued by or on behalf of SAX or its partners, the Electronic Coupons and, if applicable, a boarding document. "WARSAW CONVENTION" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, 12th October 1929, or that Convention as amended at The Hague, 28th September 1955, whichever may be applicable.

14.3 Carriage hereunder is subject to the rules and limitations relating to liability established by the Warsaw Convention unless such carriage is not "international carriage" as defined by that Convention.

14.4 To the extent not in conflict with the foregoing carriage and other services performed by each SAX or its partners are subject to:

(i) provisions contained in the ticket;

(ii) applicable tariffs;

(iii) SAX or its partner's conditions of carriage and related regulations which are made part hereof (and are available on application at the offices of SAX or its partners), except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply.

14.5 SAX or its partner's name may be abbreviated in the ticket, the full name and its abbreviation being set forth in SAX or its partner's tariffs, conditions of carriage, regulations or timetables; SAX or its partner's address shall be the airport of departure shown opposite the first abbreviation of SAX or its partner's name in the ticket; the agreed stopping places are those places set forth in this ticket or as shown in SAX or its partner's timetables as scheduled stopping places on the user's route; carriage to be performed hereunder by several successive SAX or its partner is regarded as a single operation.

14.6 An air SAX or its partners issuing a ticket for carriage over the lines of another air SAX or its partners does so only as its Agent.

14.7 Any exclusion or limitation of liability of SAX or its partners shall apply to and be for the benefit of agents, servants and representatives of SAX or its partners and any person whose aircraft is used by SAX or its partners for carriage and its agents, servants and representatives.

14.8 Checked baggage will be delivered to bearer of the baggage check. In case of damage to baggage moving in international transportation complaint must be made in writing to SAX or its partners forthwith after discovery of damage and, at least, within seven days from receipt; in case of delay, complaint must be made within 21 days from date the baggage was delivered.
See tariffs or conditions of carriage regarding non-international transportation.

14.9 This ticket is good for carriage for one year from date of issue, except as otherwise provided in this ticket, in SAX or its partner's tariffs', conditions of carriage, or related regulations. The fare for carriage hereunder is subject to change prior to commencement of carriage. SAX or its partners may refuse transportation if the applicable fare has not been paid.

14.10 SAX or its partners undertakes to use its best efforts to carry the user and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. SAX or its partners may without notice substitute alternate SAX or its partner or aircraft, and may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. SAX or its partners assumes no responsibility for making connections.

14.11 Users shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by SAX or its partners or, if no time is fixed, early enough to complete departure procedures.

14.12 No agent, servant or representative of SAX or its partners has authority to alter, modify or waive any provision of this contract.

14.13 SAX OR ITS PARTNERS RESERVE THE RIGHT TO REFUSE CARRIAGE TO ANY PERSON WHO HAS ACQUIRED A TICKET IN VIOLATION OF APPLICABLE LAW OR SAX OR ITS PARTNER'S TARIFFS, RULES OR REGULATIONS.

14.14 ADVICE TO INTERNATIONAL USERS ON LIMITATION OF LIABILITY

14.14.1 If your journey involves a destination or stop in a country other than the one from which you depart, the Warsaw Convention may govern the liability of all airlines involved in your journey, including any portion thereof within a single country. This Convention limits the liability of airlines for death or personal injury and for baggage loss or damage. Many airlines and SAX or its partners have waived the Warsaw Convention limits for personal injury or death and the defence that they have taken all necessary measures to avoid the damage for the first 100,000 Special Drawing Rights of any such claim.

14.14.2 In addition, in cases of death or bodily injury many airlines and SAX or its partners will make advance payments to the person entitled to compensation, if required to meet immediate economic needs, in proportion to the hardship suffered. In accordance with EC Council Regulation No. 2027/97 ("the Regulation"). Community air SAX or its partners as defined in the Regulation make such payments to the person entitled to compensation. Other airlines and SAX or its partners may apply alternate provisions.

14.14.3 Consequently, you should inform yourself of the conditions applicable to your journey. The Conditions of Carriage of each airline involved in your journey, including its liability limits, are available from that airline.

 

Liability for loss, delay, or damage to baggage is limited unless a higher value is declared in advance and additional charges are paid. For most international travel (including domestic portions of international journeys) the liability limit is approximately US Dollars 9,07 per pound (US Dollars 20 per kilogram) for checked baggage and US Dollars 400 per user for unchecked baggage. For travel wholly between US points, Federal rules require any limit on an airline's baggage liability to be at least US Dollars 1250 per user. Excess valuation may be declared on certain types of articles.
Some SAX or its partners assume no liability for fragile, valuable or perishable articles. Further information may be obtained from the SAX or its partners.

 

In those countries where Denied Boarding Compensation regulations are in force, SAX or its partners operate compensation plans for users with confirmed reservations who are denied boarding because of non-availability of seats caused by overbooking. Details of these plans are available at the airline's offices.

 

The price of a ticket may include taxes and fees, which are imposed on air transportation by government authorities. These taxes and fees, which may represent a significant portion of the cost of air travel, are either included in the fare, or shown separately in the 'TAX' box(es) of this ticket. You may also be required to pay taxes or fees not already collected.

 

If you break your journey for more than 72 hours at any point, please reconfirm your intention of using your continuing or return reservation. (This is not required by all airlines). To do so, please inform the airline office at the point where you intend to resume your journey at least 72 hours before departure of your flight. Failure to reconfirm will result in the cancellation of your reservation(s). If your journey is wholly within Europe this notice does not apply to you.

 

The time shown on the flight coupon is the departure time of the aircraft. However, to ensure on-time departure you must plan to arrive at the airport and report to the check-in counter in good time before the departure time. Flights cannot be held for users arriving late and not responsibility can be accepted in such cases. Therefore, it is in your own interest to check with the SAX or its partners on transport facilities and the minimum time required for check-in. SOUTH AFRICAN AIRWAYS is the actual SAA or its partners only when "SA" is entered in the "SAA or its partners" box of the flight coupon(s). Any other abbreviation in that box denotes another SAA or its partners.

 

15. APPLICABLE AND GOVENERING LAW

This web site is hosted, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or inability to use this website and these terms and conditions.

 

If you have any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact us at:
Street Address: 4th Floor Offices, West Wing, Pier Development, Johannesburg International Airport
Postal Address: P.O.Box 101, O.R Tambo International Airport, 1627, South Africa Tel: +27 11 978 9900