TERMS OF USE REGARDING THE MOBILE TELEPHONE SERVICE ”TRAVEL STATUS”
This version applies as from 16 March 2009 until further notice.
IMPORTANT NOTICE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING, ORDERING AND/OR USING THE MOBILE TELEPHONE SERVICE ”TRAVEL STATUS”.
1. Travel Status
1.1 Swedavia, Stockholm Arlanda Airport, reg.no. 202100-0795, with its registered address at SE-190 45 Stockholm-Arlanda (”SAA”) owns, manages and administrates the mobile telephone service ”Travel Status”, as further described at www.arlanda.se (the ”Service”). The Service is provided by SAA on the following terms and conditions (the ”Terms of Use”).
1.2 The Service includes the main service and thereto related additional services.
1.3 The main service gives users the opportunity to receive certain flight information via text message in respect of the flight, incoming or outgoing from Stockholm Arlanda Airport, which the user has stated when ordering the Service. The information received is for example based on whether the flight stated is an incoming or outgoing flight and whether the user is a traveller or a person waiting for a flight to arrive. The information provided may contain information on expected departure, changes in respect of the flight, such as delays, and information on check-in desk and relevant terminal etc.
1.4 The additional services, inter alia, include a service which gives the user the option to receive the flight information via e-mail and a service which enables the user to connect several mobile phones and thereby receive the information to several mobile phones.
1.5 The Service, including the main service and the additional services available from time to time, and their respective function together with a user manual are available at the website www.arlanda.se.
2. Service orders
2.1 You order the Service and accept it, and are thereby bound to comply with these Terms of Use by (i) ordering the Service and register as a user at www.arlanda.se and by ticking the box marked “I accept the Terms of Use, (ii) ordering the Service via Your mobile phone by following the instructions indicated at www.arlanda.se and by sending a text message from the mobile You would like the Service to comprise to the number indicated on the website and by answering the text message activating the Service which You will receive thereafter or (iii) contacting the Travel Status Helpdesk: 08-797 97 97 and by answering the text message activating the Service which You will receive thereafter.
2.2 Upon Your order of the Service You will be asked to furnish information on Your mobile number and the flight number that You wish the Service to comprise and any other information that may be requested in connection with Your order of any additional services. If You are not aware of the actual flight number You can find it by using the search function available at www.arlanda.se. Each order only comprises one (1) mobile number and one (1) flight number. Should You wish to receive the information to several mobile phones You may order this additional service against an additional fee as further described in the user manual and as otherwise described at www.arlanda.se.
2.3 You may not order and/or use the Service (i) if You have not turned 18 years old, or (ii) if You are restricted from receiving or using the Service under the law of the country in which You are domiciled or from where You are using the Service.
2.4 You hereby confirm that the information You furnish to SAA is correct and current. You are responsible for updating this information when needed.
3. Activation of the Service
3.1 The Service is activated by You answering the text message activating the Service that You will receive from SAA after having ordered the Service.
3.2 Upon activation of the Service You will receive all text messages concerning the flight You have stated in Your order.
4. Service fee
4.1 The fee indicated for the Service is the price per flight irrespective of how many text messages You receive. Depending on which operator You are using, traffic fees may be payable in addition thereto.
4.2 The fee will be charged Your mobile bill for the mobile phone stated by You in Your order.
5. Handing of information and personal data
5.1 SAA safeguards Your personal integrity and maintains high security standards in order to prevent infringement by unauthorised persons. When registering and using the Service, You may be asked to provide certain data to SAA about Yourself, such as Your name, e-mail address, mobile number, postal address etc. Such information is private and confidential and SAA will not disclose this information to any unauthorised person. Information may, however, be disclosed to authorities upon suspicion of an offence being committed or as otherwise required by law.
5.2 SAA will process the personal data provided by You and any information in respect of Your use of the Service. Such processing will be carried out in accordance with the Swedish Personal Data Act. Personal data will be processed for the following purposes:
a) provision, administration and support of the Service;
b) quality control work, analysis and development of the Service;
c) for marketing purposes via advertisements directed to You or for offers made to You related to the Service or any other of SAA’s products or services;
d) publishing statistics in respect of the Service; and
e) for fulfilment of any obligations under law or any regulations.
5.3 SAA is the legal entity which is the personal data controller in respect of the Services under the Swedish Personal Data Act. You are entitled, upon written request to SAA, to annually receive information as to which personal data concerning You that are being processed by SAA. You are also entitled to request that incorrect data are corrected, blocked or erased. Furthermore, You may notify SAA, in writing, at any time, that You do not wish to receive direct marketing in the form of advertisements. In order to make requests in accordance with the above, please contact SAA on 08-797 9797 and ask to speak with the personal data representative.
6. Liability in respect of the Service
6.1 Any information sent to You via text message in connection with the Service is collected from the SAA database SAFIR. The information contained therein is continuously provided from different parties and SAA does not control or takes part of any of the content therein. Accordingly, SAA does not control and does not assume any liability in respect of the information sent to You in connection with Your use of the Service.
6.2 You are aware that any and all information sent to You via the Service is provided “AS IS” and that Your use of the Service is at Your sole risk. SAA disclaims all liability for the information provided via the Service, including but not limited to, the correctness, relevance, and/or the adequacy of the information. Furthermore, SAA is not liable for and does not grant any warranties as to defects, disturbances or infringements and/or wrongful or missing distribution in respect of the Service. SAA is also not liable for and does not warrant that the information will be provided to You in due time or that the information is complete.
6.3 SAA will make its best efforts to ensure that the information will be provided to You in due time and that it is correct and will, as far as possible, make its best efforts to correct any defects in the Service. However, SAA has no obligations or liability and grants no warranties in this respect.
6.4 Upon wrongful delivery or receipt of wrongful information, please contact SAA on the following e-mail address: resestatus@swedavia.se.
7. Rules for use of the Service
7.1 You are responsible for Your and others’ use of the Service ordered by You and any access to this via Your mobile phone.
7.2 You, or any other user, may not:
a) sub-license or in any other way transfer or sell the Service or otherwise use the Service for other purposes than for the purposes described in these Terms of Use; or
b) disseminate information which may infringe on copyright or any other intellectual property rights or which may reasonably be assumed to cause SAA, SAA’s partners or any third party damage and/or harm.
8. Termination of the Service
8.1 You may, at any time, terminate the Service by sending a text message including the text: “STOP” to the number indicated at the website. Upon the sending of such text message, the Service will be terminated for all flights for which You have ordered the Service.
8.2 Should You wish to terminate the Service only for one or some of the flights for which You have ordered the Service, You may instead contact the Travel Status Helpdesk on 08-797 97 97 in order to terminate the Service for the specific flights chosen by You.
8.3 Any fees paid by You in respect of the Service will under no circumstances be repaid regardless of the fact that You have terminated the Service.
9. Breach of the Terms of Use
9.1 Upon Your breach of any of the Terms of Use, SAA is entitled to immediately terminate the Service.
10. Limitation of Liability
10.1 SAA’s aim is to provide the Service with as good and relevant and as high quality as possible, however, taking into account what is reasonable considering the pittance SAA charges for the Service. SAA does not grant any warranties in respect of the content of the Service or its quality.
10.2 Provided that SAA has not acted with intent, SAA is not liable for any (a) loss, damage or any other consequence that You may incur due to delayed, defect or corrupt data, interruptions, non-deliveries, wrongful deliveries or any other similar events within the scope of the Service or (b) any consequences that You may incur should any other user – intentionally or unintentionally – gain access to anyone’s data resources and disturb or obstruct the transfer and/or distribution of information.
10.3 SAA’s liability towards You under these Terms of Use is otherwise limited to direct damage caused by SAA’s intent or gross negligence.
10.4 Any claims towards SAA hereunder must, in order to be valid, be made in writing not later than two (2) months after the time You discovered or ought to have discovered the defect upon which Your claim is based. If You do not notify SAA in writing in accordance with the above You will loose Your right to enforce the claim and Your right to claim compensation.
11. Force Majeure
11.1 SAA is relieved from damages and any other remedies for its failure to fulfil any particular obligation under these Terms of Use, if the failure arises as a result of any circumstance, outside of SAA’s control and which prevents, obstructs or which makes the fulfilment thereof more expensive. The following circumstances will be regarded as grounds for relief: war, acts of war, measures undertaken by a public authority or failure therein, conflicts on the labour market, strikes of lightning, fire, defective or delayed communications (such as telecommunications and data communications) and any circumstances equivalent thereto.
12. Changes to the Service and the Terms of Use
12.1 SAA’s aim is to continuously develop the Service and SAA therefore reserves the right to make changes in and to the Service. You hereby confirm and accept that the form of and the character of the Service provided by SAA may change from time to time without You being notified hereof in advance.
12.2 Furthermore, SAA reserves the right to, at any time, change and amend these Terms o Use. Any changes or amendments to the Terms of Use will be announced and notified at www.arlanda.se. In addition thereto, the updated and changed version of the Terms of Use will be made available by SAA at www.arlanda.se. You understand and accept that You, by Your continued use of the Service after the changes and amendments have taken effect, will be considered to have accepted the new Terms of Use. Should You not approve of the changes to the Terms of Use, You are entitled and obliged to immediately stop using the Service. SAA shall however always be entitled to, without prior notification, make changes and amendments caused by law or any order or decision by any authorities.
13. Term of validity
13.1 The Service and these Terms of Use shall apply and are in force up and until You terminate the Service in accordance with Section 8 or until the last text message regarding the flight comprised by Your order has been sent to You. The Service and these Terms of Use will thereafter automatically cease to be in force between SAA and You.
14. Miscellaneous
14.1 These Terms of Use constitute the whole agreement between You and SAA regarding Your use of the Service.
14.2 You accept that SAA may provide You with messages via Your mobile phone in respect of the Service and that this includes messages regarding changes to the Terms of Use.
14.3 Nothing in these Terms of Use shall affect the statutory rights You will always enjoy as a consumer and which You cannot change or waive by agreement
14.4 SAA is entitled to wholly or partially assign its rights and obligations under these Terms of Use to another company. Should SAA decide to cease with its provision of the Service, SAA is always entitled to terminate the Service.
15. Applicable law and disputes
15.1 These Terms of Use shall be governed by and construed in accordance with Swedish law.
15.2 Should any disputes arise from these Terms of Use, You may bring proceedings against SAA in the courts in the country where You are domiciled. Should the disputed amount exceed an amount corresponding to half the price base amount pursuant to the National Insurance Act (1962:381), the Stockholm District Court shall have exclusive jurisdiction.