PLEASE READ THESE TERMS CAREFULLY
THE POP GOLD PASS SCHEME
This website flypop.co.uk (the “Website”) is designed for persons wishing to participate in the POP Gold Pass Scheme (“PGPS”), a Rewards-Based Crowdfunding Scheme from FLYPOP Ltd (“FlyPop”), registered in England and Wales, Company Number 9098179; Registered office: Crossways House, Bartlow, Cambridge CB21 4PW. The purpose of the PGPS is to raise capital in order to finance the launch of a new airline – flyPOP (“POP”) with a very particular Vision and Mission. Full details of POP and the PGPS are included in this offer.
What is POP?
POP wants to become a new, low-cost, long-haul airline with a social conscience.
THE ‘POP’-OSITION is to create an ‘Enhanced-Value’ airline to provide non-stop (direct) flights between the UK and the second cities in the nations of the developing world to meet the demand of the growing ‘visiting friends and relatives’ (VFR) market as well as expanding tourist and business sectors.
The initial target is to provide air services between the extensive Indian communities in the UK and South Asia by flying to Amritsar (Punjab) and Ahmedabad (Gujarat) in India, and to do so as a company committed to investing a minimum of 51% of its profits in the communities it serves.
What is the POP GOLD PASS?
The POP Gold Pass (“PGP”) will have a validity of five years from the date of POP’s first scheduled flight and entitles the holder to a number of travel benefits in return for the holder’s payment of £500 in the PGPS, of which the headline item is:
- It is planned that the first 7000 PGP holders will receive one free return flight, worth at least £350, to any destination on the POP schedule at the time of redemption and can be taken at any time during the life of the PGP.
- In addition, it is intended that all subsequent PGP holders will receive one free off-peak return flight, worth at least £350, to any destination on the POP schedule at the time of redemption. This flight can only be taken during an off-peak period (off-peak periods will be clearly marked in future flight schedules) and can be taken at any time during the life of the PGP.
But Let Us Give You Some Reassurance Right Up Front
IN CASE YOU THINK IT’S TOO GOOD TO BE TRUE, FLYPOP WANTS TO ADD A GOLD SEAL TO THE GOLD PASS
(For full details see the ‘PGP Small Print’ section below)
FlyPop makes this commitment to all POP Gold Pass purchasers:
FLYPOP WILL NOT SPEND ANY OF THE PGP HOLDERS’ MONEY BEFORE THE DEPARTURE OF POP’S FIRST SCHEDULED FLIGHT
So the aircraft leases, recruitment, permissions and granting of licences and setting up of reservation systems required to launch the first POP scheduled flight will have been secured before any of the PGP Holders’ money is spent. And furthermore, if POP is not launched for any reason whatsoever and FlyPop does not make it to that first flight, PGP holders will get their money back as described in the ‘PGP Small Print’ section below.
The PGP holder will, additionally, be entitled to the following ‘VIP benefit package’ for the life of the PGP, whenever he or she travels on POP (including, of course the free flight described above):
- Extra Checked Luggage Allowance: PGP holders will be allowed an extra 23kg of luggage over and above the normal limit of 46kg per passenger, making a total baggage allowance of 69kg per PGP holder.
- Extra Hand Baggage Allowance: All passengers are entitled to carry one piece of hand baggage on board (whose dimensions and weight will be detailed in due course). PGP holders will, however, be permitted to carry an additional piece of hand baggage of under-seat size (dimensions will be defined in due course).
- Fast Track on Departure: PGP holders will be entitled to fast-track check-in and priority boarding at the airport provided always that circumstances at the airport and on the day permit this.
- Extra Legroom seats: It is intended that POP’s aircraft will offer approximately 80 extra legroom economy seats on each flight. These seats will be at 34-inch pitch, comparable to ‘Premium Economy’ on other airlines, whereas POP’s normal pitch for economy seats will be 31 inches, exactly the same as British Airways and Virgin Atlantic Airways. These will be optional extras for which the normal traveller will pay an incremental charge. PGP holders are entitled to book these extra legroom seats without paying the incremental charge, if available.
- Free Meal On-Board: On POP flights, normal travellers will receive snacks free of charge but will pay an additional charge for the full meal service. In contrast, PGP holders will receive one free on-board meal every time they fly.
- Free Wi-Fi: It is POP’s intention to offer Wi-Fi as a paid-for on-board service on its aircraft. If this objective is realised, PGP holders will be entitled to receive on-board Wi-Fi free.
- First Look at Next Season Fares: PGP holders will be notified by text/email as soon as the latest batches of POP’s cheapest tickets in any season are released which will be guaranteed to be a minimum of 24 hours before public release. POP’s return fares will start at around £350 each in all seasons, although in busier seasons there will be far fewer of these cheaper seats available. They will of course be sold to passengers on a first-come first-serve basis.
- Bulk-Buy Tickets/Free & Unlimited Name Changes: PGP holders can bulk buy tickets and are entitled to free and unlimited name changes on those tickets up to a specified period before the flight (to allow the authorities to make their usual pre-flight passenger checks). The exact period will be specified in due course.
- Get Your Name on the Plane: POP’s ‘name-on-a-plane’ entitlement for the first 7,000 people to buy a PGP means that these supporters will be recognised with their name on a roll of honour on the aircraft. POP will use the names of people exactly as they are registered so it is important for the PGP holder to get it right first time.
If you have any queries in relation to the PGPS, please contact:
email@example.com or call +44 (0)3304 004 441.
The statements in this website represent the views and the committed intentions of the Directors of FLYPOP but, for the avoidance of all doubt, it must be stated that FLYPOP does not currently have authorization from the UK Civil Aviation Authority (CAA) or the Indian authorities to operate air services between the UK and India and that it must obtain such authorization before it can commence such operations. This crowdfunding is primarily intended to raise funds to provide security deposits specified by the UK CAA which will support FLYPOP’s application for CAA Approval to operate. There is no guarantee that approvals will be granted in any specific timescale.
PGP Small Print
1. Any references in this Offer document to “you”, “your” etc. shall be to the purchaser of the PGP.
2. All funds generated by PGP purchases will be held on FlyPop’s behalf pending a successful fundraising, by our crowdfunding administrator, Trillion Fund Ltd, a company registered in England and Wales under company number 07613567, whose registered office is at Knyvett House, The Causeway, Staines, Middlesex TW18 3BA (“Trillion”).
3. The minimum target sum for the PGPS is £3.5 million (the “Minimum Amount”). In the event that the PGPS fundraising fails to meet the Minimum Amount within the period during which the PGPS is open (the “Crowdfunding Offer Period”) (taking into account the Cooling off period referred to in paragraph 8 below), £480 of every £500 PGP purchase price will be refunded to you. The £20 difference will be transferred by Trillion to FlyPop and is an administration fee covering legal indemnities, fees, services, transfer costs etc. and a contribution to a charitable cause (as shall be decided by FlyPop). A purchaser in the PGPS risks losing just £20 per PGP if the Minimum Amount is not met.
4. At any time after the close of the Crowdfunding Offer Period, if the PGPS is successful and the Minimum Amount is reached, Trillion will at their discretion transfer the funds to FlyPop’s Solicitors’ (see below) client account with the instruction that the funds will remain in the client account until after it has been formally confirmed that the first POP scheduled flight has departed.
FlyPop’s Solicitors are Howat Avraam LLP, 154-160 Fleet Street, London, EC4A 2DQ
Howat Avraam LLP is a limited liability partnership registered in England & Wales
(Reg No OC393947) and is Authorised and regulated by The Solicitors Regulation Authority (Reg. No. 613022)
5. Should FlyPop not launch its first flight by 31st December 2017 then £480 of every £500 PGP purchase price will be refunded to you by Howat Avraam LLP on the basis described in paragraph 3 above.
A purchaser in the PGPS risks losing just £20 per PGP if the Minimum Amount is met but the first POP scheduled flight does not depart before 31st December 2017.
6. The PGP purchase is otherwise non-refundable.
7. FlyPop has engaged Trillion as its crowdfunding administrator, which means that Trillion will carry out a number of administrative functions in relation to the PGPS on behalf of FlyPop. If you choose to purchase a PGP, you will enter into a contract with FlyPop, not Trillion. FlyPop remains responsible to you for all of the administrative functions that FlyPop delegates to Trillion. In particular, Trillion shall have no liability to you in connection with its transfer of funds to FlyPop.
8. You will have the right to cancel your purchase of a PGP for a period of 14 days after the date on which you ordered a PGP (“Cooling off period”). If you change your mind during the Cooling off period, you should notify us through Trillion and your PGP will be cancelled and any funds paid by you for the PGP will be refunded to you. No fees will be payable by you if you cancel your PGP within the 14 day Cooling off period. To exercise your right to cancel you should email firstname.lastname@example.org or call Trillion on +44 20 7717 9708. A PGP can be bought for yourself or for somebody else, but only one person can be named on it and only that person can use it for the life of the pass.
9. The PGP is valid for five years from the date of POP’s first scheduled flight.
10. A PGP is non-transferrable in any circumstances.
11. If a PGP is used to buy multiple tickets, only the PGP holder themselves is entitled to the VIP benefits. Passengers using the other tickets bought by the PGP holder are not entitled to any free VIP benefits; they can of course take the option to purchase the services, subject to availability.
12. FlyPop will always endeavour to make the PGP holder’s overall experience as easy and smooth as possible, and recognises that it will be judged on this basis. However, civil aviation is a business in which many dynamic factors combine to yield the final outcome and nothing is guaranteed. Thus, FlyPop cannot be responsible for situations at the airports it serves and if events beyond its reasonable control relating, for example, to security, industrial action, high passenger volumes, technical problems, aircraft substitution, weather, volcanic activity, air traffic control, schedule disruption, crew unavailability or the actions of third parties make it impossible to deliver any aspect(s) of the VIP service package, FlyPop cannot be held liable for any form of compensation.
13. This is a rewards-based crowdfunding campaign and FlyPop is raising the funds to support the launch of a new airline service by pre-selling PGPs in advance. Even if the Minimum Amount is raised through the PGPS and the first POP flight departs on schedule, there is a risk that FlyPop will be unable to deliver some or all of the PGP services to PGP holders if, for example, FlyPop’s intended business does not become viable or ceases to trade. This is not a purchase of services from an operating airline but a contribution to a crowdfunding campaign in which you are promised rewards and benefits in advance of the airline operating and which will not be provided if the project is not completed successfully.
14. The Crowdfunding Offer Period will be open until 31st July 2016. The Directors of FlyPop may extend the offer period up to 31st October 2016 at their discretion.
Terms of Website Use (“Terms”) - PLEASE READ THESE TERMS CAREFULLY
This website flypop.co.uk (the “Website”) is owned and operated by FLYPOP Ltd, registered in England and Wales, Company Number 9098179; Registered office: Crossways House, Bartlow, Cambridge CB21 4PW.
By accessing this Website or by otherwise accessing any content found on this Website or by using any digital application published by FLYPOP Ltd (“FlyPop”, “POP”, ”we”, “our” or “us”), you are entering into an agreement with FlyPop and agree to the Terms that follow. If you do not agree to these Terms, please refrain from using this Website.
We may revise these Terms at any time by amending this page. We may also update the Website from time to time, and may change the content at any time.
Accessing the Website
The Website is made available free of charge.
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted, or free from errors or omissions. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Website.
You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
TRILLION - Crowdfunding Administrator
FlyPop has appointed Trillion Fund Ltd (“Trillion”), a company registered in England and Wales under company number 07613567, whose registered office is at Knyvett House, The Causeway, Staines, Middx TW18 3BA to act as its crowdfunding administrator. This appointment means that Trillion will carry out a number of administrative functions in relation to the PGPS on behalf of FlyPop.
By accepting these Terms, you acknowledge and accept Trillion as our crowdfunding administrator.
Please note that Trillion does not validate any claims made by us and you acknowledge that Trillion cannot be held liable if FlyPop cannot deliver the PGP services for any reason. If you choose to purchase a PGP, you will enter into a contract with FlyPop, not Trillion. FlyPop remains responsible to you for all of the administrative functions that FlyPop delegates to Trillion.
Your personal details and PGPS application process
You will be required to provide personal details, an email address and a password in order to create an online account and make your application to purchase a PGP and, in so doing, join the PGPS.
We may accept applications to purchase PGPs at our absolute discretion. If your application is accepted, your participation in the PGPS will be made on the terms detailed in the Crowdfunding Offer.
As part of the PGPS application process, you must also provide us with the account details of the bank account from which you intend to make (and in certain circumstances receive, payment) (your "Nominated Account"). Your Nominated Account must be in the same name as the person who is registered with us and must be held with a bank within the European Economic Area or such other jurisdiction as is acceptable to us.
If we accept your application, we will provide you with email confirmation. We will also provide you with the details of the relevant client account into which you will be required to transfer the money to purchase your PGP if you pay by bank transfer, or by cheque. You can also make payment online via by debit or credit card. Note that any payment made by credit card will be subject to a 2% surcharge.
You warrant to FlyPop that all information you provide in the course of your application is accurate and you accept responsibility to update this information should it change.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No reliance on information
The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Website.
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
Limitation of our liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, the Website; or use of or reliance on any content displayed on the Website.
Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We will not be held responsible for circumstances beyond our reasonable control. We will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the content that may result directly or indirectly from any cause or circumstance beyond our reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
We do not guarantee that the Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Linking to the Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website in any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
We reserve the right to withdraw linking permission without notice.
These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
To contact us, please email email@example.com or call +44 (0)3304 004 441.
Thank you for visiting the Website.
18 July 2016
This policy (together with our Terms of Website Use [insert hyperlink to relevant section]) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting flypop.co.uk (the “Website”) you are accepting and consenting to the practices described in this policy.
For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is FlyPOP Ltd of Crossways House, Bartlow, Cambridge, CB21 4PW, registered with the ICO ZA185011.
Information we may collect from you
We may collect and process the following data about you: (i) Information you give us or our crowdfunding administrator, Trillion Fund Ltd (“Trillion”). You may give us information about you by filling in forms on the Website or by corresponding with us or Trillion by phone, e-mail or otherwise; (ii) Information we collect about you. With regard to each of your visits to the Website, we may automatically collect technical information and other information about your visit.
Uses made of the information
Information you give to us. We will use this information:
• to provide you with our service;
• to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you; and
• to notify you about changes to our service.
Information we collect about you. We will use this information:
• to administer the Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; and
• to improve the Website to ensure that content is presented in the most effective manner for you and for your computer and as part of our efforts to keep the Website safe and secure.
Disclosure of your information
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of our service and any contract we enter into with you (including sharing your information with Trillion for the purposes of them acting as our crowdfunding administrator in relation to the PGPS).
- Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
- Analytics and search engine providers that assist us in the improvement and optimisation of the Website.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If FlyPOP Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Website Use [insert hyperlink to relevant section] and other agreements; or to protect the rights, property, or safety of FlyPOP Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Where we store your personal data
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at FlyPOP Ltd, Crossways House, Bartlow, Cambridge, CB21 4PW.
The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers, affiliates and other third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
18 July 2016