FLYMORE AUCTION AND TOKEN - Terms and Conditions
- 1.INTRODUCTIONWelcome to FlySafair's auction platform. The Flymore Auction and Token Terms and Conditions ("Terms") govern your participation in any auction conducted on the Platform. By registering for and participating in an auction, you confirm that you have read, understood, and agreed to be bound by these Terms. These Terms are binding in terms of the laws of the Republic of South Africa, including but not limited to the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), and the Protection of Personal Information Act 4 of 2013 ("POPIA").
- 2.AUCTION OVERVIEW2.1. FlySafair will be auctioning bundles of flights, each consisting of 10 flight tokens. These flight tokens are only available for use on domestic flights operated by FlySafair and will have a fixed expiry date set to one year after the date of purchase.2.2. Auctions will be hosted on the FlySafair website (www.flysafair.co.za). FlySafair auctions will be run at random at the sole discretion of FlySafair. Users can attend the auction at their own discretion.2.3. The auction will be a single day event and will be conducted at the sole discretion of FlySafair.2.4. A standard auction will run for a duration of 8 minutes. Users will bid on the flight tokens online via the FlySafair website and auction platform.2.5. If an offer is received 2 minutes prior to the close of the auction, the remainder of the auction time will be extended by 5 minutes. Example: if there is 1m:39s remaining until auction close and a bid is received, the auction is extended and the new time remaining until auction close will be 6m:39s. This extension will continue indefinitely until no further bids are received before the auction closes or at FlySafair's sole discretion.
- 3.ELIGIBILITY3.1. Only users with a valid FlySafair profile registered on our website may participate in the auction.3.2. In the event that users encounter difficulties registering an account on the day of the auction, FlySafair reserves, at its sole discretion, the right to withhold automatic access to the auction. It is the user's responsibility to ensure successful registration of the account prior to the auction and to maintain access to the associated email address used when registering.3.3. Users must be 18 years or older to register and participate in auctions.3.4. Travel Agents and third party companies are not eligible to participate in the auctions.3.5. Users are solely responsible for the use and safe keeping of their account and payment credentials.3.6. Any person who uses FlySafair FlyMore services, or performs any other act, with your user credentials, FlySafair will deem this as if such act was performed by the user themselves and with your full knowledge and approval. FlySafair shall not be held liable whether directly or indirectly for any misuse of your personal login or payment credentials to the FlyMore service.3.7. The user must notify FlySafair immediately by email at help@flysafair.co.za if you suspect that, or become aware of, any unauthorised use of your account.3.8. The email address entered by the user at the time of registration on our website page cannot be changed at later stage. Please ensure that the email you used to register is correct and operative at all times.
- 4.BIDDING RULES4.1. Users must only bid if they intend to honour such bid. All bids submitted in this auction are irrevocable and binding. Users should expressly note that this constitutes a binding offer in terms of the Electronic Communications and Transactions Act 25 of 2002 (ECTA) and that acceptance occurs the moment you make a bid. By placing a bid, the user agrees to be legally bound by their bid and acknowledges that once a bid is placed, it cannot be withdrawn, retracted, or modified for any reason. FlySafair reserves the right to reject any bid that does not comply with these Terms or is deemed not to be in the best interest of the auction. In the event of any disputes regarding bids, FlySafair's decision shall be final and binding.4.2. Users may bid on multiple auctions simultaneously.4.3. Each auction will have a flight token reserve price set at the sole and absolute discretion of FlySafair at the beginning of the auction. Any bids below the reserve price set will not be accepted. FlySafair may at its sole discretion also set the minimum bid increment amounts.4.4. The number of auctions conducted and the days on which they will be scheduled will be solely determined by FlySafair.
- 5.AUTO-BIDDING FEATURE5.1. The auto-bidding feature is available at a non-refundable fee of R 100 (one hundred Rand) per auction day, payable in advance.5.2. The fee grants the user access to the auto-bidding feature solely for the specific auction date selected. Access will not carry over to future auction dates.5.3. A user may activate the auto-bidding feature for up to six (6) separate auctions on any given day.5.4. The maximum permitted auto-bid per auction is R50 000 (fifty thousand Rand).5.5. To activate the auto-bidding feature, the user must at its discretion, set:
- 5.5.1. The maximum bid amount per auction; and
- 5.5.2. The number of auctions to participate in (minimum 1, maximum 6).
5.6. Enabling the auto-bidding feature does not guarantee that the user will win the auction. Auto bids will only be placed up to the user's stated maximum bid amount.5.7. Auto-bidding will commence at the lowest permissible bid and increase in the platform's predefined increments until either:- 5.7.1. The user's maximum bid amount is reached; or
- 5.7.2. The auction is won.
5.8. Where two (2) or more users have active auto-bids in the same auction, bids will be placed in the order in which the auto-bids were activated (earliest first), subject to system processing times.5.9. If the auto-bidding feature results in the user winning one (1) or more auctions, the user is legally and contractually obligated to pay for all winning bids in full. This obligation applies even if the User enables the auto-bidding feature for the maximum of six (6) auctions and wins all six (6).5.10. In addition to being placed on the no-fly list, a failure to pay for your winning bid, the user will be banned from all future Flymore products and services, without prejudice to any other legal remedies available to FlySafair.5.11. Users remain solely responsible for monitoring their auctions and adjusting their maximum bid amounts where necessary.5.12. A user may delete an auto-bid order at any time before the relevant auction closes, provided that at the time of deletion the user is not the highest bidder.5.13. The auction platform will display to the user:- 5.13.1. All bids placed on their behalf via the auto-bid feature.
- 5.13.2. Whether they currently hold the highest bid; and
- 5.13.3. The presence of other active auto-bids on the same auction.
5.14. The highest valid bid at the official close of the auction will be the winner.5.15. The auto-bidding feature and the auction platform are provided on an "as is" and "as available" basis. FlySafair makes no representations or warranties of any kind, whether express or implied, including but not limited to warranties of accuracy, availability, performance, or fitness for a particular purpose. While FlySafair takes reasonable steps to ensure the proper operation of the auto-bidding feature, we do not guarantee that it will be uninterrupted or error-free. FlySafair will not be liable for any failure, error, or delay in placing bids, except to the extent that such arises directly from our gross negligence, fraud, or wilful misconduct, or where liability cannot lawfully be excluded under the CPA. - 6.WINNING AND PAYMENT6.1. The user who bids the highest price prior to the auction closing will be declared the winner.6.2. The winning user will be notified via email and WhatsApp that they have won the auction. The winner must make payment of their winning bid price within 1 hour after receipt of the notification.6.3. Payment must be made through one of FlySafair's approved payment gateways (Ozow, Mobicred and card payments).6.4. A User who fails to make payment on a winning bid within the specified time will be placed onto a list of banned flyers and you will not be able to make use of FlySafair flights in the future until you have paid for your winning bid.6.5. You will only be removed from the no fly list at the sole discretion of FlySafair upon payment in full of your winning bid. Upon payment in full, you will receive your flight tokens.6.6. Once payment is received, the flight tokens will be issued to the User's FlySafair wallet for use when they book future flights with FlySafair.
- 7.FLIGHT TOKEN7.1. Flight tokens bought through the auction platform will expire within one year of the purchase date.7.2. Tokens are only valid for domestic flights operated by FlySafair within South Africa for all passenger types (adults, children and infants).7.3. Tokens cannot be transferred between different FlySafair user accounts.7.4. One token equals one domestic one-way flight for a single passenger.7.5. Tokens can only be redeemed for lite fare, Business class or Standard fare will not be eligible.7.6. All token restrictions will be managed during token setup by FlySafair at its sole discretion.7.7. All flight tokens and flight tickets booked will be subject to FlySafair's Standard Terms and Conditions of Booking and Carriage.7.8. The flight tokens will be applied to the cost of the air fare including VAT ONLY and excluding airport taxes and any additional extras, priority boarding, seat and booking changes, etc.7.9. Users must make successful payment of the applicable airport taxes before a booking will be considered final. Additional services and extras may be added to a booking at the time of booking a flight and will be charged for at the going rate on FlySafair's website. For these payments, Pick-a-Pay and Paylater payment methods will not be available.7.10. The token can only be redeemed on the FlySafair website and app (it cannot be redeemed at the airport, ticket sales offices or call centre).7.11. The token pin will not be shared, to redeem the token the user must be logged in with their FlySafair account and will be able to redeem the token on the payment pages.7.12. Tokens can only be used for new flight bookings, not for any flight modifications or adding of additional extra's and flights already booked.7.13. You can make changes to your booking on our website or app as long as you make the changes 1 (one) hour or more before the flight departs. You will have to pay a penalty charge per one-way flight for any changes made. If the new flight you want to book is more expensive than the one you already have, you'll need to pay in the difference. Your original value of your token will be carried over to the new flight booking.7.14. Any flight tokens not booked in the given year will be automatically forfeited.7.15. Should the user for whatever reason miss their flight, you will forfeit your booked flight token as well as any airport taxes and extras already paid by you for this specific booking. If you're at the airport, or get there within 1 (one) hour after the scheduled departure time, we'll offer you the below option:
- 7.15.1. You can go on standby for the next open seat, on the next flight, on that route for an additional standby fee as per our Standard Terms and Conditions of Carriage.
7.16. Seats on specific flights are not guaranteed and are available on a first-come-first-served basis.7.17. No cancellations or refunds will be permitted to these bookings made using flight tokens except where FlySafair makes changes to flight times or incurs delays in which case the terms outlined in FlySafair's Terms and Conditions of Booking and Carriage will prevail. - 8.NOTIFICATIONS8.1. Winning users will receive notifications via WhatsApp and email.8.2. It is the responsibility of the user to ensure their contact details are up to date.
- 9.USAGE OF TOKENS9.1. Users can redeem their tokens on FlySafair's website and app during the normal flight booking process.9.2. The flight token may be used for any passenger, the only restriction is that the original passenger that won the auction must be logged into their profile to redeem the token and make the booking. Any passenger is eligible to travel on a flight booked using the token.
- 10.TOKENS AMENDMENTS10.1. FlySafair reserves the right to amend these Terms at any time without prior notice.10.2. It is the responsibility of the user to review these Terms regularly.
- 11.LIMITATION OF LIABILITYFlySafair will not be liable for any direct, indirect, incidental, or consequential damages arising from the use of or inability to use the auction platform, save for harm caused by gross negligence or wilful misconduct.
- 12.PRIVACY POLICYBy entering into this auction, you acknowledge and consent that FlySafair may process your personal information provided to us. Your personal information shall be processed in strict compliance with the applicable Data Protection Legislation (Protection of Personal Information Act, 4 of 2013) and FlySafair's privacy policy accessible on request or on FlySafair's website at https://www.flysafair.co.za/about-us/legal-ts-cs/privacy-policy.
- 13.GOVERNING LAWThese Terms are governed by and construed in accordance with the laws of South Africa under the exclusive jurisdiction of South African courts.
- 14.TAX INVOICE RETRIEVAL14.1. A tax invoice can be obtained from flymore.flysafair.co.za under the 'My Bids' section, accessible when logged into the winning auction profile.14.2. Tax invoices are available only for auctions that have been successfully paid.14.3. Tax invoices will remain accessible for 7 days after the auction bid was assigned.14.4. By retrieving the tax invoice, you consent to the use of some of your personal information as variables in a URL. This URL will direct to a third-party site responsible for generating the PDF tax invoice.
- 15.AD HOC TOKEN GENERATION15.1. All tokens generated for purposes other than participation in the auction, including but not limited to ad hoc issuances at the sole discretion of FlySafair, shall be governed by and construed in accordance with these Terms. Such tokens shall be subject to the same rights, limitations, and obligations as set out herein, unless expressly stated otherwise in writing.15.2. Specific use of ad hoc tokens: Any ad hoc tokens issued by FlySafair in its sole discretion may only be distributed by the token holder via its registered FlySafair profile.
By participating in the auction, you agree to be bound by these Terms.