Fare Protection Terms and Conditions

The FLYR Fare Protection Terms and Conditions ("Terms", "Terms and Conditions", "Contract"), also known as the FareKeep product ("FareKeep") will govern the terms between FLYR Inc. ("We", "Our", "Us", "FLYR") and users of the FareKeep fare protection product.

YOU AGREE TO ABIDE BY THE FLYR TERMS OF USE AND AGREE TO THE FLYR PRIVACY POLICY

As this Agreement is supplied in addition to other legal agreements governing your usage of FLYR Services, you will continue to be subject to the FLYR Terms of Use and Privacy Policy


INTRODUCTION TO FARE PROTECTION

For a fee, FLYR Fare Protection, (also FareKeep Fare Protection) allows users to lock in the cost of an airfare for a set period of time without committing to purchasing the fare itself. This product extends the level of flexibility and assurance in cases where airfares are likely to change within a given period in time.

A user may use Our Services to search for a desired flight itinerary. If FLYR Fare Protection is offered on a specific flight itinerary, the user may opt to purchase the FLYR Fare Protection at the price displayed. The cost of Fare Protection is dynamically calculated, so that a higher price reflects a higher risk that the flight will increase in airfare within the Protection Period.

If the user decides to finalize their plans by purchasing a fare during the Protection Period, and the fare upon purchase exceeds the Lock-in Amount, FLYR will reimburse the difference back to the user.

In addition to offering users a set cap on the cost of air travel, Fare Protection also allows for users to take advantage of better deals on their Protected Itineraries or other similar itineraries.

Restrictions and limitations apply. Please read on for details.


FARE PROTECTION IS NOT AN AIRFARE

Users acknowledge that Fare Protection is a price protection service in connection with an airfare, as opposed to an airfare in and of itself. Fare Protection is not a ticket and is not eligible for travel. In order to travel, a user must still purchase a valid airfare.


WHAT THE "LOCK-IN" PRICE INCLUDES

The Lock-in Price associated with a Fare Protection contract consists of the fare, inclusive of all government-imposed taxes and fees, in addition to any airline-imposed mandatory fees or surcharges.

The Lock-in Price specifically does not include any fees, surcharges, upgrades, or additional value-added products or services that are not a required part of travel. Baggage fees, seating fees, dining fees, cancellation/change/refund fees, points redemption fees, point accelerator fees, and other such ancillary items are excluded from the Lock-in Price.


WHO IS ELIGIBLE TO PURCHASE FARE PROTECTION

Users must be 18 years of age, or the applicable age of majority in their respective jurisdiction, and must hold a valid credit card issued in the jurisdiction of their residence, in order to purchase Fare Protection.

Bank transfers for claim payouts are available in the following regions: Australia, Austria, Belgium, Canada, Denmark, Germany, Finland, France, Ireland, Italy, Japan, Luxembourg, The Netherlands, Norway, Spain, Sweden, United States, and United Kingdom. Residents of other regions may elect to receive funds using the PayPal® electronic funds transfer service. Please note that PayPal is not available in all jurisdictions. Users are responsible for ensuring their ability to receive Fare Protection payouts.


FARE PROTECTION USERS ARE NOT OBLIGATED MAKE ANY ADDITIONAL PURCHASE

Following purchase of Fare Protection, there are no obligations by a user to purchase any airfare, regardless of whether such airfare is a Protected Itinerary or not. If a user’s plans change such that they no longer wish to travel on a Protected Itinerary, there is no need to do anything, as the Fare Protection will automatically expire.


FARE PROTECTION IS GENERALLY NON-REFUNDABLE

Once Fare Protection has been initiated by a Protected User, it is generally not refundable. Users who have purchased Fare Protection in error are asked to contact us via support@fareprotection.com within 120 minutes (2 hours) of the transaction in order to cancel their protection.

In cases where a Protected Itinerary is no longer offered via the prevailing Global Distribution System (GDS) due to a major schedule change, cancellation by airline, reassigned flight number, please contact us via support@fareprotection.com for additional options, including cancellation and refund of the original Fare Protection purchase.


FOR HOW LONG DOES FARE PROTECTION LAST?

Fare Protection will remain effective until expiration or user’s initiation of a Claim. Fare Protection will generally expire at 8:59PM US Pacific time on the seventh (7th) calendar day following the initial purchase of the protection.

For example, the Claim associated with a Fare Protection originally purchased at 3:00PM Pacific on January 1, 2015 must be claimed before 8:59PM US Pacific time on January 8, 2015.

In cases where the first flight of the itinerary departs prior to the seventh (7th) calendar day following initial purchase of the protection, the expiration will be deemed to be 2 hours prior to the time of departure of that flight.


YOU MUST PROVIDE AN ACTIVE AND VALID EMAIL ADDRESS

A valid email address is used for the purpose of communicating information necessary to your purchase of Fare Protection. This includes, but is not limited to, confirmations of purchase, notifications on material changes to the Protected Itinerary, and better deals on similar flights during the course of the Protection Period. In the event of a Claim, you may be asked to confirm your association with the original Fare Protection purchase by forwarding your flight itinerary from the email address associated with the original Fare Protection purchase.

While we make every effort to locate the rightful owners of lost and incorrectly-typed email addresses, the user is solely responsible for reaching out to us in cases of email address input errors.


THERE ARE LIMITS TO FLYR'S LIABILITY WITH RESPECT TO FARE PROTECTION

The maximum payout (“Maximum Payout”) associated with each individual Claim (protected passenger) is 200 US dollars for fare protection purchases denominated in USD, 200 British pounds in cases of GBP, 200 euros in cases of EUR, 250 Canadian dollars in cases of CAD, 20,000 Japanese yen in cases of JPY, and 200 US dollars for all other denominations, unless otherwise specified.

FLYR reserves the right to restrict its offering of Fare Protection on any flight at any time. In cases where flights are subsequently found to have been offered due to vendor mispricing, FLYR reserves the right to retroactively cancel out a Fare Protection purchase, while providing affected users an explanation as well as a full and immediate refund of the premium paid.


IN CASES WHEN A PROTECTED ITINERARY IS NO LONGER AVAILABLE

In cases where a user chooses to purchase their Protected Itinerary and find that the flight is no longer available for purchase for any reason, we will offer users one of the following:

1. A cancellation and refund of the original Fare Protection purchase.

2. An opportunity to shift the applicability of Fare Protection to the lowest-priced itinerary sharing the same route and similar travel date(s), up to a difference of 1 calendar day.

FLYR reserves the right to verify the availability of all flight itineraries as a part of claim verification procedures.


PROPER PAYMENT IS NECESSARY BEFORE YOUR FARE PROTECTION IS CONSIDERED VALID

To be considered an eligible and active Fare Protection contract, payment must be made in full by credit card for the relevant amount. Should payment fail for any reason subsequent to the commencement of the Protection Period, the Fare Protection contract is immediately voided.

Users represent that they have full legal authorization to use their payment method, and agree to pay all fees and charges incurred in relation to their Fare Protection purchase with FLYR.

Should payment for a Fare Protection contract fail or be charged back for any reason subsequent to the payout associated with a claim, FLYR will by default regard such as an act of fraud, and we or designated agents acting on our behalf will pursue an investigation accordingly.

Should users detect any discrepancies on their payment account statements, they must notify us via support.fareprotection.com within one billing cycle of the close of the transaction (in no circumstances exceeding 60 calendar days), or the transaction shall be deemed as accepted and affirmed by the user. Fare Protection users who fail to contact FLYR prior to filing a dispute of payment will automatically be referred to our Fraud Management Division.


YOUR PROTECTED ITINERARY MAY BE SUBJECT TO ADDITIONAL VALIDATION BEFORE YOUR FARE PROTECTION IS CONSIDERED VALID

FLYR reserves the right to subject any protected itinerary to additional verification. For example, if the protected itinerary was priced based on incorrect outdated flight itinerary information. In such cases, FLYR will immediately inform the user that the Fare Protection contract for that specific flight has been voided. Any payment made by the user toward the voided Fare Protection purchases will be promptly refunded to the original method of payment.


ELIGIBLE CLAIMS

  • Reimbursement Claims may only be made on flights purchased from a designated booking agent as offered by FLYR, or directly via the online booking channel of the marketing airline associated with the Protected Itinerary.
  • If applicable, Claims must be received by FLYR within 72 hours of user's booking of the eligible flight itinerary.
  • Reimbursements will be made on valid claims up to the amount of the difference between the locked-in airfare and the lowest available airfare at of the time actual airfare purchase, among the designated booking agents as offered by FLYR.
  • You agree to submit any documentation (including email, flight itineraries, flight confirmations, receipts, etc.) necessary and sufficient for FLYR to determine the validity and eligibility of your claim.
  • The flight itinerary purchased must match the Protected Itinerary associated with the Fare Protection contract - for the avoidance of doubt, this would require: the same carrier, flight number, scheduled departure dates and times, and origin and destination airports.
  • FLYR reserves the right to use any information given to confirm the validity of a claim directly with the airline and/or the booking agent.
  • Reimbursements will be made via ACH transfer (also known as direct deposit) or PayPal
  • Please allow up to 72 hours on business days for claims to be approved.
  • If approved, the funds will be remitted within 3 business days of approval.
  • Users who receive funds from a standard Fare Protection claim must travel on their Protected Itinerary. In the event of a subsequent flight cancellation and refund in user-initiated change or refund transactions, FLYR reserves the right to seek full claims and legal recourse from the user for any reimbursements paid.

CLAIM PAYOUTS MUST BE TRANSFERRED TO USERS’ ACCOUNTS WITHIN 30 DAYS

Once approved, users entitled to and approved for a Fare Protection Reimbursement Claim will have a period of 30 days to transfer the approved funds to their US-based bank accounts. Following 30 days, the user will be considered to have relinquished their right to the Reimbursement Claim and any approved funds will be voided. Users are responsible for supplying all details necessary to initiate an ACH transaction via the secure online form supplied by FLYR. Users’ financial account details are subject to our Privacy Policy, will be used solely for the purpose of transacting funds relevant to each Fare Protection claim, and at no time will FLYR retain such information.


FINANCIAL TRANSACTIONS FACILITATED BY A TRUSTED THIRD PARTY

Users agree to the facilitation and mediation of all electronic payments by a trusted third party service, as well as to furnish financial and contact details necessary to carry out such financial transactions, in accordance with these Terms of Use of Fare Protection.

All financial transactions, including Fare Protection purchases and claim payouts, are secured via advanced 256-bit SSL encryption. FLYR does not retain users' financial information.

Payment processing services for payees and funds recipients of FLYR Inc. may be provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to [this agreement / these terms / etc.] or continuing to operate as a [account holder term] on [your business name], you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of [business name] enabling payment processing services through Stripe, you agree to provide [business name] accurate and complete information about you and your business, and you authorize [business name] to share it and transaction information related to your use of the payment processing services provided by Stripe.

Where Stripe transfers are not available, or at the election of the user, we use PayPal to facilitate fund transfers for claim payouts. Payouts via PayPal are conducted in United States Dollars by default, and users may bear an additional cost related to foreign exchange when receiving funds. PayPal may not be available in all jurisdictions. Please see PayPal's User Agreement for more information.

Any financial information submitted via our secure form will be used solely for processing purchases or reimbursement claims, and will not be saved by FLYR at any point during or after the transaction.


IN CASES OF AIRLINE MISPRICINGS OF AIRFARES

In rare cases, airlines may list and market a fare that is later determined to be a pricing error. Should such a fare on a Protected Itinerary be deemed as such by an airline, and not subsequently honored by the airline, the fare shall also be deemed as erroneous by us. Should the Lock-in Price itself be deemed as erroneous by the airline, the Fare Protection shall be immediately voided and the user refunded for the cost of protection.


YOU MAY NOT TRANSFER, REASSIGN, OR RESELL THE FARE PROTECTION CONTRACT

Users may not reassign or otherwise transfer their benefit of an active Protected Itinerary or any other part of the Fare Protection product to other persons or entities.

WILLFUL MISREPRESENTATION AND FRAUD WILL BE INVESTIGATED AND PROSECUTED TO THE FULLEST EXTENT OF THE LAW.



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