Standard Terms and Conditions of Business
In these conditions of contract:
“Simply Wings” means S.W. Simply Wings Travel Services LTD., a Cyprus company with its principal office at: 2, Zakynthou street, 6081 Larnaca, Cyprus and/or its subsidiaries and/or its associated companies and/or its authorized agents appointed in writing by Simply Wings.
“Customer” means any person, firm or company with whom Simply Wings contracts for the provision of Arrangement Services by Simply Wings or with whom Simply Wings contracts, as agent for a Third Party Supplier for the provision of Travel Services.
References to “you”, “your” etc., are references to the Customer, authorized representatives of the Customer or those for whom travel is requested by the Customer.
“Authorized Bookers” means any person authorized by the Customer to use the Arrangement Services.
“Arrangement Services” means Simply Wings’ services in recommending, booking and/or otherwise arranging, negotiating and reporting of the supply of Travel Services by Third Party Suppliers to the Customer.
“Passenger” means any Passenger in respect of whose travel Simply Wings provides the Arrangement Services or organizes Travel Services on the instructions of the Customer.
“Third Party Suppliers” means any third parties who supply any Travel Services to the Customer. The identity of the relevant Third Party Supplier for a Travel Service will be communicated to the Customer by Simply Wings.
“Travel Services” means travel by air, land or sea, accommodation, car rental, travel insurance or other related travel services.
a) These conditions shall be deemed to be incorporated into all contracts for Arrangement Services made by Simply Wings with the Customer to the exclusion of all other terms and conditions and all work undertaken by Simply Wings shall be deemed to be carried out on the terms of these conditions unless otherwise expressly agreed in writing by Simply Wings.
b) Simply Wings shall provide such Arrangement Services to the Customer and organize such Travel Services for the Customer as may be requested by the Customer and agreed by Simply Wings from time to time. In the absence of any express written instructions to the contrary which are agreed by Simply Wings, Simply Wings may accept (and the Customer shall be bound by) any requests made by any employee, agent or other representative of the Customer.
c) When taking bookings for or otherwise arranging Travel Services Simply Wings will be acting as a disclosed agent and the relevant Third Party Supplier will be responsible for providing the Travel Services to the Customer. Simply Wings will not be responsible for any default or failure in any supply by any Third Party Supplier or for any loss, claim, cost, damage or injury incurred by the Customer or any Passenger (directly or indirectly) as a result of the acts or omissions of the Third Party Supplier.
d) By making a booking, the Customer will be entering into a legally binding contract with the relevant Third Party Supplier in respect of the Travel Services to be provided by such Third Party Supplier. The contract for the Travel Services will be subject to the terms and conditions of that Third Party Supplier (copies of which are available to the Customer on request) and the Customer will be bound by such terms and conditions. It is the responsibility of the Customer to ensure that it and its Passengers comply with such terms and conditions including those which relate to check-in times, luggage allowances etc.
e) No Passenger or any other third party will have any rights against Simply Wings except as set forth.
3. Fees and Payment
a) The Customer shall pay to Simply Wings on demand all costs, fees, taxes etc as invoiced by Simply Wings to the Customer in respect of any Arrangement Services and any Travel Services in accordance with the payment terms set out in such invoice or otherwise agreed by Simply Wings.
b) Simply Wings reserves the right to request advance payment for Arrangement Services and/or Travel Services.
c) Travel Services which are not ticketed/confirmed at the time of booking may incur a higher fee than that given at the time of booking. Until the booking is confirmed and committed to by the Customer the price cannot be guaranteed and is subject to change.
d) Simply Wings may charge a booking fee or receive commission from bookings for Travel Services.
e) A convenience fee will be payable by the Customer at Simply Wings’s standard rate for any costs incurred by Simply Wings if payments are made by credit card or PayPal.
4. Credit account facilities
a) If credit account facilities have been made available by Simply Wings to the Customer then all sums due by the Customer to Simply Wings shall be payable as set out in paragraph 4(c) below. Simply Wings reserves the right to decline credit account facilities or to withdraw such facilities. Simply Wings reserves the right to retain any funds due to the Customer such as refunds or credits to offset against any outstanding debt. Should no such credit account facilities be made available by Simply Wings to the Customer or should these facilities be at any time withdrawn then Simply Wings reserves the right to request an advance payment from the Customer in respect of all Travel Services and Arrangement Services.
b) Upon the withdrawal of credit account facilities all monies owing to Simply Wings will become immediately payable.
c) Payment by the Customer of monies outstanding upon credit accounts is due as cleared funds within 7 days from the date of the invoices.
5. Payment for Travel Services by Simply Wings
a) From time to time Simply Wings may (at Simply Wings’s discretion) make payment to a Third Party Supplier for Travel Services on behalf of a Customer using a Simply Wings credit card or other payment method. Additional fees may be applied for such a service and the cost of reconciling any credit card.
b) Where payment for Travel Services is made using a Simply Wings credit card or other payment method the Customer agrees to indemnify Simply Wings from any misuse of the card or payment details by any current or past employee, consultant or agent of the Customer.
6. Booking terms, amendments or cancellations
a) The Customer is responsible for the accuracy of all data supplied to Simply Wings or any Third Party Suppliers. In the event that such information is found to be incorrect additional costs may apply to correct such data. Details of such additional costs are available upon request.
b) Simply Wings reserves the right to charge an administration fee of up to 250EUR per passenger for amendments or cancellations of any bookings, including where no additional documentation is required.
c) The Customer acknowledges that the Travel Services may be subject to cancellation by the Third Party Supplier without prior notice. The Customer is responsible for checking and complying with the specific change or cancellation terms for the Customer’s bookings.
d) While Simply Wings will make commercially reasonable efforts to assist those making or arranging bookings on behalf of the Customer in complying with the Customer’s travel policy, it is the responsibility of the Customer to ensure that all those making or arranging bookings on its behalf comply with its travel policy. Simply Wings will not be held responsible for any bookings made outside of the Customer’s travel policy.
e) If the Customer requires a purchase order number or similar payment code to be provided when a booking is made, it is the responsibility of the Customer to ensure that such number is provided and that is it accurate. The Customer shall be required to pay in full all invoices and charges for bookings which have been made even if a valid purchase order or similar payment code was not provided at the time of booking.
a) Credits or refunds (if any) for Travel Services not used may only be issued upon the return of all the relevant documentation relating to the Travel Service concerned and are subject to the terms and conditions of the relevant Third Party Supplier.
b) In the event that any cancellation or refund requires the consent of or calculation by the relevant Third Party Supplier then the invoice issued shall remain due and payable in terms of Clause 3 above and any sum refunded by the Third Party Supplier shall only be credited to the Customer’s account on receipt of same by Simply Wings from the Third Party Supplier.
c) All relevant documents required for a refund must be sent to Simply Wings by registered mail. It is the responsibility of the Customer to ensure that the documents are received by Simply Wings.
d) Without prejudice to the generality of Clauses 4(a) and 4(b) above, the Customer acknowledges and agrees that:
i) Any credits or refunds can only be issued in the original form of payment, provided the relevant documentation is returned within one month of date of the issue of the said documentation (or on any other terms of the relevant Third Party Supplier relating to the ticket issued); and
ii) Not all tickets may be refunded or altered and that any refunds made may be liable to additional fees, which Simply Wings and/or the Third Party Supplier may from time to time levy.
e) If the Customer is unsure as to the cancellation and/or refund provisions of any particular ticket or the charges levied then clarification should be sought at the time of booking.
8. Late Payments
In the event that any sums due by the Customer to Simply Wings are not paid when due then, without prejudice to any other remedies of Simply Wings, Simply Wings may at any time:
a) Suspend all or part of the provision of the Arrangement Services to the Customer; and/or
b) Charge interest on all overdue sums at a rate of 3% per month until paid; and/or
c) Cancel (without any liability to the Customer or to any Passenger) any bookings for Travel Services made on behalf of the Customer in respect of which payment is outstanding, with any cancellation fees incurred as a result thereof being for the account of the Customer.
a) Subject to Clause 9(b), in the event of a claim by the Customer or by any Passenger in respect of the supply of the Arrangement Services or any other liability whatsoever for which Simply Wings is responsible in law, Simply Wings’s liability in any event shall not exceed the total amount paid or payable by the Customer to Simply Wings by way of fees for the supply of the Arrangement Services concerned and the associated Travel Services.
b) Simply Wings shall incur no liability whatsoever to the Customer or any Passenger in respect of any indirect, special, consequential, punitive or other damages (howsoever incurred).
c)Simply Wings shall not be liable to the Customer or any Passenger for any default or failure in any supply by any Third Party Supplier or for any loss, claim, cost, damage or injury incurred by the Customer or any Passenger (directly or indirectly) as a result of the acts or omissions of the Third Party Supplier.
In addition, Simply Wings shall not be liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any carrier or supplier for whom they act as agent or for any personal injuries, death, property damage or other damages or expenses resulting therefrom. Simply Wings has no liability and will make no refund for any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control.
d)It is Customer’s responsibility to ensure that all passengers for whom travel is booked to comply with all applicable regulations including passport, visa (or ESTA, eTA etc), health and documentation regulations applicable in the country of departure and in each country visited including transit stops and flight changes. Simply Wings will not accept any liability for the consequences of any passenger failing to comply with any such regulations.
e)It is also understood by the Customer that travel to international destinations is not a risk, however some destinations may involve greater risk than others. Simply Wings recommends that Customer or Passengers review any travel prohibitions, warnings, announcements and advisories issued by the country of their origin or published by Authorities, prior to booking travel to these destinations. Simply Wings will not be held liable for losses or damages that may result from travel to any destination.
f)Simply Wings offers travel solutions that may not necessarily take the most direct route and may involve changes of aircraft and/or airline during the journey. Carriers reserve the right to change routings without notice. If a flight is described as “direct” this indicates that there is no change of aircraft planned during the journey although stops may be made en-route for technical reasons or to let passengers on and off.
If a flight is described as “non-stop” this indicates that the airline plans to operate without any intermediate stop. “Self connect” or “separate tickets” in Simply Wings’ offers is used to indicate that the routing consists of two or more separate flight (or other means of travel) bookings and it is Customer’s and therefore Passenger’s responsibility to convey themselves and their baggage between the two flights (or other means of travel). In this case, no re-protection is offered by the carriers for any flight miss, delay or cancellation and Simply Wings is not liable for any loss or damages that may incur by any travel alteration of the carrier.
If an airline cancels or delays or a flight, is unable to provide previously confirmed space, fails to stop at your stop-over or destination point or causes Passenger to miss a connecting flight on which he holds a ticketed reservation, the Passenger may be entitled to certain remedies from the airline in accordance with EC Council Regulation 261/04 and he should raise this with the airline concerned.
The Customer acknowledges and agrees that it is reasonable and prudent for the Customer (and/or any Passenger) to put in place a policy of insurance in respect of any loss, claim, cost, damage or injury incurred in connection with the Travel Services or any travel resulting there from. Simply Wings shall make commercially reasonable efforts to assist the Customer and/or the Passenger in obtaining such a policy of insurance from an insurer on the express request of the Customer and on payment of the appropriate premium. The Customer agrees to make each and every Passenger aware of the provisions of this Clause 10.
No delay or failure to take action under these Standard Terms and Conditions shall constitute any waiver by Simply Wings of any provision of these Standard Terms and Conditions.
Simply Wings reserves the right to review and adjust all elements of fees without prior notice to take account of (but not limited to) inflation, increased charges, costs, or changes to terms and conditions by Third Party Suppliers or other parties that may impact on us.
13. Data Protection
a) In providing Arrangement Services to the Customer, Simply Wings may collect and process personal data (including names, contact details, passport numbers, credit card details, travel preferences and dietary requirements) relating to the Customer and/or the person for whom the Customer is making travel arrangements in order to make bookings for Travel Services with Third Party Suppliers.
b) The Customer acknowledges that in order to make a booking with Third Party Suppliers, Simply Wings may transfer to, and store personal data both inside and outside the European Union and the Customer consents to Simply Wings transferring and storing personal data in this way.
c) A copy of the personal data which Simply Wings holds about the Customer and any Passengers for whom the Customer is making travel arrangements can be requested by the Customer or the Passenger (as applicable) at any time.
d) The Customer acknowledges that Simply Wings may transfer the Customer’s data (including personal data) to Third Party Suppliers and that any use of such data by the Third Party Suppliers will be in accordance with their terms and conditions and outside of Simply Wings’s control.
a) Each party undertakes to the other to keep confidential all information (written, oral, or in electronic form) concerning the business, business systems, methodologies, and affairs of the other that it shall have obtained or received as a result of the provision of Arrangement Services or Travel Services (“Confidential Information”).
b) Notwithstanding the above, the parties may disclose Confidential Information to: i) their parent company or subsidiary and their officers, directors, employees and professional advisers (including auditors), ii) where requested or required by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body or iii) with the prior written consent of the other party.
c) For the avoidance of doubt, Confidential Information excludes information that: i) is or becomes public knowledge other than as a direct or indirect result of any breach of this clause 15 or ii) is known by a party before the date the information is disclosed by the other party or is lawfully obtained by a party after that date.
15. Jurisdiction and Governing Law
These terms and conditions, any supply of the Arrangement Services to the Customer and/or the Passenger and any contracts between Simply Wings and the Customer shall be governed by the laws of Cyprus and shall be subject to the jurisdiction of the courts of Cyprus, without prejudice to the right of Simply Wings to seek recovery of any sums due from the Customer before any court of competent jurisdiction.
Additional terms and conditions regarding the use of this website
By entering this website you agree to the terms and conditions below or you may leave this website.
1. The content and infirmation of this website is for private and non-commercial use only
2. You agree you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this website in accordance with all terms and conditions herein.
3. Modification, copying, distribution, transmission, displaying, performing, reproducing, publishing or selling any information obtained from this website, inluding logos, images and any other downloadable items is strictly prohibited.
4. Use of this website for any unlawful purposes is prohibited also.
5. As the website may contain links or references to websites operated by third parties, Simply Wings is not responsible for their contents or your use of them. Furthermore, Simply Wings does not endorse or recommend the material on such websites.
6. Simply Wings reserves the right to alter the terms and conditions or to change the content and pages of this website at anytime. Please visit this page frequenlty and always before purchasing any of our services
Copyright and Trademark Notices
© 2016-2017 “SimplyWings” is a registered trademark. All rights reserved. © . S.W SIMPLYWINGS TRAVEL SERVICES LTD owns the copyright of all material displayed on this website. Anyone accessing this website may view and print material from this website for information purposes only. Any copyright material of this website is strictly restricted to non-commercial use only and must include this copyright notice. S.W SIMPLYWINGS TRAVEL SERVICES LTD. is the owner of the trademarks “SimplyWings”. Other trademarks and service marks displayed on this website are the trademarks and service marks of their rightful owners. Photos used in this website are displayed only for promotional reasons.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will reply to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our email or webform found on this website.
The written notice must include substantially the following:
Your signature inphysical or electronic form
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.