Flight Information by SMS - Terms And Conditions
Before using the SMS Flight Information Service from Manchester Airport, please be sure to read these Terms and Conditions.
Terms and Conditions of use
1 December 2003
Your attention is drawn to the following terms and conditions under which you may use the Manchester Airport plc SMS Service. Please read these carefully before proceeding to register your Cellular phone for the Service. You will be legally bound by them whether or not you choose to read them. By registering for use of the Service you will be taken to have read, understood and accepted these terms and conditions in the same way as if you had signed a printed version and they will continue to apply every time you use the Service.
These terms and conditions cover the supply of information services by
[1] Manchester Airport plc of Town Hall, Manchester, M60 2LA registered in England and Wales No 1960988 ("MA plc") to
[2] the Cellular Phone of you THE CUSTOMER ("the Customer") (together "The Parties")
IT IS AGREED as follows:
1 DEFINITIONS
1.1 Unless the context otherwise requires:
1.1.1 "Cellular Network" means networks operated in the UK by O2, Orange, T-Mobile (including Virgin) and Vodafone;
1.1.2 "Cellular Phone" means a digital cellular handset capable of receiving SMS information services connected to one of the Cellular Networks;
1.1.3 "Registration" the process whereby the Customer registers for the Service by sending a text message in the format FLIGHT XXXXXXX (where XXXXXXX represents a valid flight number) to the number 60030 from the Cellular Phone on which he intends to receive the Service, correctly following the instructions published on the MA plc website (www.manchesterairport.co.uk) and through other media or (b) by correctly following such other process for subscribing to the service as may be published by MA plc from time to time;
1.1.4 "Service Provider" means the party with whom the Customer has a contract to use the Cellular Phone where such party is not the Cellular Network to which the Cellular Phone is connected;
1.1.5 "SMS" means a text messaging facility used by MA plc to provide the Service over the Cellular Networks;
1.1.6 "the Service" means the provision of information provided by MA plc and subscribed to by the Customer via Registration.
1.2 Unless otherwise specified, words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporated; and (in each case) vice versa.
2 CONDITIONS
2.1 This agreement governs the provision of the Service by MA plc using the SMS facility of any Cellular Network separately identified as suitable for receiving the Service.
2.2 The Customer is responsible for providing and maintaining a Cellular Phone and ensuring connection to a Cellular Network suitable for receiving the Service from MA plc.
2.3 The Customer warrants that he is the owner or legitimate user of the Cellular Phone which he uses to register for the Service, and is authorised to incur charges on that phone.
3 DURATION OF TERM
3.1 The term of this agreement commences from the time of Registration of the Cellular Phone and remains in force until such time as the Customer unsubscribes from the Service or when the final Flight Information text message has been sent to the Cellular Phone for the flight being queried.
4 SERVICE PROVISIONS
4.1 In accordance with the nature of fast moving real-time information and the vagaries of the Cellular Network the Customer acknowledges that MA plc's responsibilities extend only to the provision of indicative information because it is possible that the Customer may use the Service in a way not contemplated by MA plc.
[i] MA plc make no warranties, express or implied, as to the results to be obtained by any person or entity from the use of the Service;
[ii] MA plc make no warranties, express or implied, with respect to the fitness for a particular purpose or use of the Service;
[iii] MA plc SHALL HAVE NO LIABILITY TO OR THROUGH THE CUSTOMER FOR LOST PROFITS OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM THE USE OF, OR INABILITY TO USE, FOR WHATEVER REASON;
4.2 MA plc will use all reasonable endeavours to ensure the uninterrupted and timely supply of the Service and to take all reasonable steps at its own expense to correct any error, omission or mistake in the Service but:
[i] MA plc shall be under no liability for any error in nor for any delay or failure in the transmission of the Service to the Customer; and [ii] MA plc do not provide any warranty as to the accuracy and completeness of the information provided through the Service; and [iii] any such liability as might arise shall be limited to the charge made to the Customer for the message from which such liability occurred.
4.3 Moreover the Customer recognises that the Service may from time to time be adversely affected by local geography, topography and/or atmospheric conditions and/or other causes of interference and/or network coverage of his chosen Cellular Network and/or other event that is outside the control of MA plc.
4.4 Any request by the Customer for any change and/or variance in the Service shall be done using such prescribed methods as may be introduced from time to time, and advertised as appropriate methods of registering for or altering the Customer's use of the Service.
5 PRICES AND TERMS OF PAYMENT
5.1 Prices for the Service shall be stated in the then current price list as published on the internet at www.manchesterairport.co.uk or other website from time to time or advertised in other media. All prices include VAT at the prevailing rate.
5.2 MA plc may at any time vary all or any of the prices of the Service.
5.3 Unless stated otherwise the Customer will be charged for each and every message he receives from the Service at the prevailing rate for that Service and such charge will be paid via the Cellular Network or Service Provider in accordance with the contract the Customer has with such Cellular Network or Service Provider for the Cellular Phone on which he receives the Service. In the event of incorrect or undelivered messages the Customer should contact Manchester Airport by e-mailing smsfeedback@manchesterairport.co.uk
6 WARRANTIES AND LIABILITIES
6.1 The Customer shall indemnify MA plc and keep MA plc indemnified against any claim by any third party alleging loss and/or damage as a result of the Customer's misuse, or inability to use, the Service including but not limited to a breach by the Customer of clause 7 of this agreement.
6.2 Except as expressly provided in this agreement by MA plc all representations, warranties and conditions whether expressed or implied by statute or common law or otherwise in relation to the Service are hereby excluded to the fullest extent permitted by the law.
6.3 Nothing herein shall have the effect of excluding or restricting the liability of MA plc for death or personal injury resulting from its negligence.
7 DATA AND INTELLECTUAL PROPERTY RIGHTS
The Customer is not allowed to publish, copy or re-distribute any data from the Service to any third party. In addition the Customer acknowledges that there are valuable property rights in and to the data and that the data is not within the public domain.
8 VARIATION
MA plc may vary the terms and conditions of this agreement to take account of new legislation, statutory instruments, Government Regulations, Licences, similar matters and for any other reason provided that any such variation is clearly published on the internet and/or advertised in other media where details of the Service is provided on a regular basis.
9 ASSIGNMENT
The Customer shall not assign any rights hereunder.
10 SUSPENSION & TERMINATION
10.1 The Service may be suspended or terminated immediately by MA plc if in their judgment they find the Customer in breach of any of the provisions of this agreement.
10.2 MA plc shall be entitled to discontinue the Service forthwith without notice.
10.3 This agreement shall be terminated automatically if MA plc receives notification from the Cellular Network or Service Provider with whom the Customer is contracted to use the Cellular Phone that the contract has been cancelled.
10.4 The Customer may unsubscribe from the Service at any time (a) by sending an SMS text message reading "FLIGHT CANCEL" to number 60030 (b) by correctly following such other process for unsubscribing from the Service as may be published by Manchester Airport plc from time to time. This agreement shall terminate when the Customer correctly unsubscribes from the Service.
10.5 The termination of this agreement shall not affect any pre-existing liability of either party to the other hereunder or affect any right of either party to recover damages or pursue any other remedy in respect of any breach by the other party of the terms and conditions thereof.
11 LAW
This agreement shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
12 RIGHTS OF THIRD PARTIES
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
13 NO WAIVER
The failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. A waiver of a breach of any of the terms of this Agreement or of a default under this Agreement does not constitute a waiver of any other breach or default and shall not affect the other terms of this Agreement. A waiver of a breach of any of the terms of this Agreement or of a default under this Agreement will not prevent a party from subsequently requiring compliance with the waived obligation.