Air carrier, choice of law and jurisdiction
When you book a flight with flypop you enter into a contract with flypop of 35 Endeavour House, Bassingbourne Road CM24 1SJ Stansted . These are the legal terms and conditions that apply to that contract.
We are the operating air carrier of your flight. Your flight number will begin with POP
If for any reason the air carrier for your flight changes, we will tell you about the change as soon as possible.
If any term in these terms be invalid or inconsistent with an relevant law then that law will apply, but all other terms will still be valid.
You are entitled to make claims in your local court but in respect to claims made under EU Regulation 261/2004 then UK courts shall have exclusive jurisdiction.
Certain words in these terms and conditions have specific meanings as described in Definitions.
Please see below our terms and their meanings.
We “We”, “our”, “ourselves” and “us”: This means flypop Ltd Company Registration No.09098179 of 35 Endeavour House , London Stansted Airport, Stansted, England.
You “You”, “your” and “yours”: This refers to any person (except a member of the crew) who is a passenger or passengers with whom we have entered into a contract to carry on one or more of our flights as per a booking confirmation emailed to you when you made your booking.
Accompanying adult: Any passenger over 18 years of age on day of travel and is on the same Booking as an infant or child and accompanies them on the flight.
Agent: Any third party who books a flypop flight on behalf of a passenger (e.g. Travel Agent, Tour Operator etc.).
Airport authority: The owner/operator of an airport that flypop flies to.
Baggage: This means your personal property that accompanies you on your flight and includes Cabin baggage (baggage you take with you on the plane) and checked-in luggage (which goes in the hold).
Booker: This refers to an adult of 18 years of age who has made a Booking for one or more passengers.
Booking: This is a purchase made by a Booker for one or more tickets to fly on our airline and can be for one or more passengers.
Booking confirmation: This the document headed ‘Booking Confirmation’ setting out a ‘Flight Reservation Number’ and showing ‘Status: Confirmed’ as sent to the email address used in your booking. The booking confirmation or itinerary sets out the passengers’ names, flights, dates, timings and routes of the flights you have booked with us.
Baggage receipt: A document we give you to identify each piece of your Check-In Baggage.
Cabin baggage: Any item (e.g. handbags, laptops, backpacks, briefcases etc.) which you take on board the aircraft and which conforms to our guidelines.
Check-in baggage: Is baggage that has been ‘checked-in’ which we have taken into our care which is stowed in the hold of the aircraft and for which we issue a baggage receipt. This also includes any of your baggage we check into the hold at ‘check-in’ or the gate.
Companion: Is a passenger of at least 16 years old who accompanies a passenger who requires special assistance and is physically capable of assisting them in the case of an emergency.
Convention: This refers to pertinent instruments and include: The Montreal Convention 1999, the Warsaw Convention 1929; the Warsaw Convention as amended at The Hague on 28 September 1955; the Warsaw Convention as amended at The Hague and by Additional Protocol No.4 of Montreal (1975); and as supplemented by the Guadalajara Convention (1961) where applicable.
Crew: This means flight and/or cabin crew who operate our flights.
EC 261: This is the EC regulation No. 261/2004 of 11th February 2004 which gives rules on compensation and assistance in the event of flight delays, flight cancellation and denied boarding.
Ground crew: A member of our ground crew and/or airport staff or our agents acting on our behalf.
Passenger: Is any person with a valid ticket who is to be carried, is carried on an aircraft, excepting members of the crew.
Regulations: These refer to our Regulations attached to these General terms and conditions of carriage.
SDR or “Special Drawing Right”: Is an international currency created by the International Monetary Fund. The value of the SDR is derived from a basket of currencies and is worth approximately £1.00. SDR exchange rates are quoted in the financial pages of major newspapers and daily on the IMF website.
SSR: Is a request for special service or assistance at the airport or from the airline.
Booking Tickets with flypop
3.1 Tickets to fly with flypop can be booked online through our website or through our app.
3.2 Flights can also be booked through an agent. However, before booking with an agent you must confirm that the agent complies with our Distribution Charter, as we may refuse to take bookings from agents who do not.
3.3 Only the passengers named in the relevant booking confirmation or itinerary will be allowed on the flight and proof of your identity will be required.
3.4 After you have completed a booking it is treated as an offer to contract with flypop. We will generate a booking reference. If for any reason a booking reference is not generated this will not be considered to be a valid booking.
3.5 On completion of your booking; your booking reference will be listed on the booking confirmation email which is sent to the booker. Please check all the details of your booking confirmation are correct. You can only change any incorrect information on your booking within 24 hours of receiving your booking confirmation. See Making changes to booking.
3.6 You should receive your booking confirmation immediately on completing your booking.
3.8 Changes to any booking can only be made within 24 hours of receipt of the booking confirmation. Any changes to a booking after this period may involve a fee as specified in our Fees and Charges.
3.9 Bookings can be made for other passengers provided that the booker takes responsibility for the booking. In particular the booker:
3.9.1 Must ensure all passengers are aware of and accept these terms.
3.9.2 Must accept that other passengers on the booking may make changes to the Booking.
3.9.3 Must have the consent of all other passengers on the booking to receive any refunds.
3.9.4 Should the booker not be a passenger then the contact details (email and telephone number) of the principal passenger must be provided so we can contact them when necessary.
3.9.5 Must accept that any passenger on the booking can make changes to the booking.
Fares, Taxes, Currency
4.1 Fares are for the flight listed on the booking confirmation only. The fare applies only for carriage from airport to airport and does not include ground transport outside airports.
4.2 When you book a flight with flypop you also have to pay any government taxes and this is included in the total price you pay to us.
4.3 If government taxes increase after you have made your booking but before the time of your flight you will have to pay the excess amount. In the unlikely event of there being a decrease in Government Tax, or even it being abolished, you are entitled to a refund from us.
4.4 The fare at the time of booking includes all other third party costs, such as airport charges, maintenance fees, fuel costs etc. We do not pass these third party costs on to you.
4.5 The fare is payable in the currency of the country you will depart from, unless we specify otherwise. Any change you make online will be charged in the same currency as that of your original booking. Any change made at the airport will be charged in the local currency.
Refunds and Cancellations
5.1 Except where stated in these terms our fares and fees are non-refundable; even if you cancel or miss your flight.
5.2 You have the right to cancel your booking within 24 hours, and you may be entitled to a refund.
Death or serious illness of a passenger or close family member
5.3 If a passenger on a booking or a close family member is taken ill and is unable to travel or if they should die within 28 days of the date of departure. Flypop will refund the fare you paid for the flight (or flights) you cannot take. For the purpose of this clause a close family member is considered to be, a husband, wife or partner, a parent or step-parent, a child or step-child, a brother, sister, step brother or step-sister, a grandparent or grandchild, a mother-in-law, father-in-law, brother-in-law or sister-in-law.
5.4 You must make the claim before the date of your flight.
5.5 On receipt of your claim flypop will review your case and you may be asked to provide further proof.
5.6 You may alternatively claim a fee waiver or flight voucher towards the value of a subsequent flight with a expiry 6 months from the original date of the flight you could not take.
5.7 If you cancel or miss a flight, you can claim a full refund of government tax.
5.8 To submit a claim for a refund please use our Government tax refund form.
Making Changes to your Booking
6.1 You can make changes to your booking by logging into your account on our website. Depending on when you make any changes to your booking you may be subject to a fee.
6.2 If you make any changes within 24 hours of receiving your booking confirmation then no fees will apply. This is why it is very important to check all the details on your booking confirmation, as soon as possible.
6.3 No changes can be made after 24 hours.
6.4 If you are changing the date of your flight you may also have to pay any fare difference for the new flight. If the new fare is lower than your original fare we will not refund you the difference.
6.5 The name on your booking confirmation and boarding pass must match the name on your travel documents. You must correct this as soon as possible. For small changes of under 3 characters there is no charge.
Change of passenger
6.6 You can not change the name of a passenger listed on a booking to someone else.
Where and how to make changes
6.7 All changes must be made at least two hours before the scheduled departure of your flight.
6.8 The most efficient and cheapest way to make any changes is online through our website or via our app.
6.9 Changes can also be made by speaking to our Customer Services team or in person at the Customer Services desk at the airport. If you chose to make changes at the airport please ensure that you allow yourself sufficient time.
Travelling with Children, Infants and Babies
7.1 We do not carry babies under the age of 14 days old at the time of flying.
7.2 An infant is classified as being more than 14 days old and under 2 years of age at the time of flying.
7.3 A Child is classified as being over the age of 2 and under the age of 16 at the time of flying.
7.4 Children and infants must be accompanied by an adult. A maximum of 2 infants per accompanying adult is permitted. A maximum of 6 children per adult is permitted.
7.5 An infant may travel on your lap subject to paying the infant fee . If you are travelling with more than one infant then the second infant may not sit on your lap and you will be required to book a seat at the full adult fare. They must be seated next to you and in an approved forward facing car seat or if over 12 months a suitable child restraint.
7.6 Children and infants must be on the same booking as the accompanying adult and under no circumstances can an adult who does not feature on the booking confirmation, take responsibility for an infant or child, during or after the flight.
7.7 It is the responsibility of the accompanying adult to ensure that all passengers on the booking have the correct documentations required.
Special Service Request (SSR)
8.1 The European Parliament Regulation (EC) 1107/2006 identifies the rights of disabled persons or persons with reduced mobility when travelling by air.
8.2 Any requests for Special Services, regarding a disability or medical condition should be made at the time of your booking. You may add an SSR to your booking at a later date. You must let us know at least 48 hours before your scheduled time of departure so that we can make the necessary arrangements with the airport authorities.
8.3 Please note that assistance provided on arrival at the airport, through the airport, airport departure procedures, boarding the aircraft as well as disembarking the aircraft and arrivals procedures at the destination airport are the responsibility of the airport concerned. We recommend that you familiarise yourself with the airports concerned through their website. Should you have any concerns of the service provided then these should be directed to the relevant airport authority.
8.3 Any passenger who is not ‘self-reliant’ is required to travel with a companion, i.e. an able-bodied adult over the age of 16. For the safety of the aircraft and other passengers, any passenger who is not capable of doing all or any of the following is not considered self reliant and is required to travel with a companion:
8.3.1 Fasten and unfasten your seat belt
8.3.2 Understand the safety briefing and crew instructions in the case of an emergency.
8.3.3 Fit the lifejacket unaided when instructed to do so by the crew.
8.3.4 Move from your seat to an emergency exit unaided.
8.3.5 Use the toilet on your own.
8.3.6 Put on the oxygen mask.
8.3.7 Feed yourself.
8.3.8 Take medication or perform medical procedures. You must be capable of administering your own medicine or medical procedure.
8.4 Companion fares are charged at the normal rate.
8.5 We will allocate your seat and given sufficient time will try to allocate your companion a seat next to you.
8.6 A companion can only accompany one adult with a disability or reduced mobility.
Wheelchairs and Electric Mobility Scooters
9.1 If you are travelling with an electric wheelchair or mobility scooter you must select the wheelchair option under SSR when making your booking.
9.2 You must provide us with the make, model and weight of the wheelchair or scooter.
9.3 You must bring the operating instructions of the wheelchair or scooter with you to the airport.
9.4 You should ensure that you arrive at the airport with sufficient time to go through airport security procedures and to get to your boarding gate. We recommend that you allow at least 2 hours before the scheduled time of departure of your flight.
9.5 On arrival at the airport you should advise a member of our ground crew or go to the pick-up point provided by the airport authority.
9.6 We will do our utmost to board you in advance of other passengers and a maximum of one companion and any siblings under the age of 16.
Pregnant Women and New Mothers
flypop wishes to ensure the safety of expectant and new mothers at this important time. These terms have been included to safeguard your health and welfare:
10.1 You cannot travel with flypop after the 36th week of your pregnancy or the 32nd week if you are pregnant with multiple babies.
10.2 If you are in your 28th week (or more) of pregnancy on the date of travel you must have a Fit to Fly - MEDIF form certificate completed by either your midwife or doctor and it should be dated no less than 2 weeks before your departure date.
10.3 flypop reserves the right to refuse you travel if you do not present a correctly dated Fit to Fly letter at either the check-in desk or the boarding gate.
10.4 New mothers should not fly within 48 hours of giving birth where there were no complications or surgery.
10.5 In the event that your birth required surgery or was a caesarian section then you will not be able to fly for at least 10 days after giving birth and will be required to submit a Fit to Fly letter for the first 30 days after giving birth.
Check-in and Extra Passenger Information
11.1 flypop is an online check-in only airline.
11.2 Our online check-in opens 30 days before flight departure. You must check-in either online or through our app and either print your boarding card or download a mobile boarding pass to your device. (Please note that some airports do not accept mobile boarding).
11.3 For travel to some countries you will also be required to provide extra passenger information such as passport and visa details. Please make sure that the information you submit is accurate as you must travel using the same document details.
11.4 You are responsible for checking and complying with all laws applicable and documentary requirements to the country you are visiting whether they be entry and exit visas, health, medical and any other documents.
11.5 You are responsible for your passports validity period required in the country you are visiting which may be 3 or 6 months after your intended visit.
11.6 If you have submitted incorrect details or if for some reason your details have changed after you have checked-in you must update any changes and check-in online again and reprint or re-download a new boarding pass.
11.7 If you arrive at baggage drop less than two hours before your flight without a boarding pass you will no longer be able to check-in online and you will need to check-in at the Customer Services desk. Please note that airport check-in is subject to a fee.
11.8 flypop reserves the right to refuse carriage to you if you have not complied with or your documents do not comply with the applicable laws of the country of your destination, and/or these terms, and/or if instructed by government authorities to do so.
12.1 You may purchase extra leg room seating at the time of your booking or at any time online, up to two hours before departure.
12.2 Extra leg room seating may also be purchased at the airport but an additional administrative fee may apply.
12.3 You may reserve a preferred seating position at the time of your booking and up to 2 hours prior to departure or at the airport for an additional fee.
12.4 If you do not wish to reserve a seat you will be allocated a seat at random, free of charge.
12.5 In accordance with regulations (EC 8/2008) flypop reserves the right to change your allocated seat, at any time, if we need to do this for safety or operational reasons. In such a case you will be entitled to a refund.
12.6 Seats located in rows next to the emergency exits are restricted for safety reasons. You can only sit in emergency row seat if:
12.6.1 You are not in need of special assistance.
12.6.2 You are aged over 16.
12.6.3 You are not travelling with a child or infant.
12.6.4 You are willing and able to help in an emergency.
12.6.5 You have not booked an extra seat for an item.
12.6.6 You have not booked an extra seat because of a size constraint.
12.6.7 You are not a child or infant.
12.7 Seat fees are non-refundable if you change your flight.
12.8 If for any reason your flight is cancelled, you are entitled to either transfer your seat to the next available flight or a full refund if the seat is not available.
At the Airport
3.1 You must make sure that you arrive at the airport with sufficient time to complete all the formalities and procedures. These include check-in of any baggage, airport security checks and customs clearance.
13.2 You must ensure that you have all the required travel documents with you, boarding pass, passports, visas and if necessary health certificates and medical Fit to Fly forms. flypop reserve the right to deny boarding to any passenger we have reasonable reason to believe is not in possession of the correct documentation.
13.3 Baggage may be checked-in 3 hours before the scheduled departure time of your flight.
13.4 You must ensure that you arrive at the boarding gate no later than 30 minutes before the departure time of your flight. The designated closing time for boarding is 30 minutes before flight departure. If you arrive late to the boarding gate you will be refused boarding.
Right to Refuse Service
14.1 We may refuse to carry you and/or your luggage, or remove you from a flight you have already boarded if we have reasonable grounds to believe that:
14.1.1 You do not have, or appear not to have, the correct travel documents.
14.1.2 You have not paid any necessary fare, tax, fee or charge.
14.1.3 You have refused to go through a security check of yourself or your baggage.
14.1.4 You have refused to give your travel documents to the crew when asked to do so.
14.1.5 You cannot prove that you are the person named on the boarding pass.
14.1.6 You do not comply with any part of our Biosecurity Policy.
14.1.7 You present any documentation that has been unlawfully acquired, has been purchased from an unauthorised agent, is counterfeit, is the subject of payment fraud, has been altered or has been mutilated. In any such case we reserve the right to retain such documentation.
14.1.8 You cannot prove that you are the passenger named on the booking.
14.1.9 You or your baggage may affect the health, comfort or safety of crew members or other passengers.
14.1.10 You have not followed instructions relating to safety or security.
14.1.11 You have harmed, injured, used threatening, abusive, insulting, discriminatory, lewd or obscene language or behaviour towards a member of our staff, ground crew or any other passenger.
14.1.12 You show signs of being under the influence of alcohol or drugs in the airport or on board the aircraft.
14.1.13 You are in possession of unlawful drugs.
14.1.14 You smoke or attempt to smoke in the airport or on board an aircraft.
14.1.15 You fail to present a valid certificate from your doctor confirming you are ‘fit to fly’ and have a medical condition that requires a certificate, or otherwise do not satisfy us that are ‘fit to fly’.
14.1.16 You have smoked or tried to smoke on a previous flight with us.
14.1.17 You have refused to allow us to copy your travel documents.
14.2 If for any of the circumstances listed in 14.1, we cancel your booking and any other flights contained in the Booking, no refund on the booking will be paid. We may also refuse to accept any existing booking and/or any future booking you make until such time as we deem appropriate.
Conduct on board an aircraft
14.3 The captain is the commander of the aircraft and every person on board is required by law to obey their lawful commands.
14.4 The captain may take any measures they deem necessary; including your restraint or removal from the aircraft or the airport, as well as termination of your continued travel on a flight if they have reason to believe that you or your behaviour has:
a. Compromised the safety of the aircraft, the crew, the ground crew, other passengers or any property on board the aircraft.
b. Failed to comply with any instructions of the crew or ground crew
c. Obstructed the crew or ground crew in the performance of their duties.
d. Used rude, threatening, abusive, discriminatory, sexist or insulting language, or behaved in such a way towards the crew or ground crew.
e. Behaved in a rude, aggressive, disorderly, unpredictable, discriminatory or otherwise unreasonable manner that any other passenger may reasonably object to.
14.5 You may be prosecuted for offences committed on board the aircraft or at the airport. You will be liable to us for all costs arising from your improper conduct on board the aircraft or at the airport. If a diversion has been necessitated by a Passenger’s behaviour, resolution of the issue may involve handing over those passengers to security or legal enforcement agents at the diversion point and you may be held liable for any or all costs to us for the diversion.
15.1 You are entitled to one small piece of cabin baggage per passenger with maximum dimensions of 45 x 36 x 20cms and maximum weight of 7kg.
15.2 Your cabin baggage will be checked by us before you board. If you bring any cabin baggage to the boarding gate that is larger than the maximum allowable dimensions or in excess of the permitted quantity, it will be placed in the hold and you will be charged a gate bag fee. We do not accept any responsibility for oversized or excess cabin baggage you leave behind if it is refused at the boarding gate.
15.3 In addition to your cabin baggage you may also carry one bag of goods purchased after clearing the security check at the departure airport.
15.4 E-cigarettes are permitted in cabin baggage but please note that you not allowed to use them.
15.5 You can take up to 5 electronic devices and up to 10 lithium batteries onto the plane in your cabin baggage.
15.6 You are entitled to some additional items if you are travelling with an infant or a child. More details can be seen on our Flying with infants and children.
15.7 Certain medical equipment may also be carried as cabin baggage. Please refer to our Medical conditions for more information.
15.8 Guide dogs and assistance dogs are also allowed on our flights provided all the necessary requirements, documentation and vaccination certificates are up to date. Please see our Guide and assistance dogs page for more information.
15.9 Pets and other animals are not accepted on our flights.
15.10 Sealed bottles of alcohol may be carried in cabin baggage if subject to article 15.3 but you you are only allowed to consume alcohol purchased from our on Board Bluebox digital trolley.
15.11 You are not allowed to have any article listed in the prohibited items 15.24 in your cabin baggage.
15.12 You can purchase all check-in baggage, subject to a fee as listed in our Fees and charges. We strongly encourage passengers to do this on-line as fees at the airport are much higher.
15.13 You are permitted up to 6 items of check-in baggage per person on any of our flights with a maximum weight of 25kgs and a maximum size of L+W+H=160cm each. Each bag is subject to a fee as listed in our Fees and charges.
15.14 You can purchase extra Check-In baggage at the airport but this is subject to a higher fee to cover the extra administrative costs.
15.15 If you add Check-in baggage on our website or through the App or with our Customer Service Hotline it will apply only to a particular flight. You will need to add all or any subsequent flights on the booking individually.
15.16 Every item of Check-in baggage must have your name and other personal identification details attached to it.
15.17 When you check-in your baggage and we agree to accept it, we will issue you with a baggage receipt for each individual item. You must retain this baggage receipt as proof that we have taken into custody your baggage. You will need this receipt to reclaim your baggage on arrival.
15.18 At some airports we operate an auto bag drop, in which case it is your responsibility to correctly attach the baggage receipt tags to your check-in baggage and follow all the listed instructions.
15.19 Under normal circumstances your check-in baggage will be carried on the same aircraft as you. If for safety, security or operational reasons we need to place it on an alternative flight we will deliver it to you as soon as is reasonably practical, unless any local applicable law requires you to be present for customs clearance purposes.
15.20 The maximum acceptable weight for a single item of check-in baggage is 32 kg. If any check-in baggage exceeds 25kg you will have to pay an excess fee for each kilogram that you exceed as laid out in our Fees and charges.
15.21 The following fragile or perishable items should not be included in your check-in baggage:
a. Jewellery, precious metals, silverware, or any other valuables,
b. Computers, electronic devices,
c. Identification documents such as passports or ID cards,
d. Money, negotiable papers, securities, any other documents guaranteeing payment of specific amounts of money,
e. Keys, cameras, E-cigs, watches
f. Medicines, spectacles sunglasses or contact lenses,
g. Cigarettes, tobacco or tobacco products,
h. Business documents.
15.22 Bladed, pointed or sharp objects and any other objects that can cause injury can only be carried in checked-In baggage. This includes:
a. Scissors, knives, lockable knives and flick knives, ceremonial or religious knives, hunting knives with blades of 6cm and longer whether they be made of metal or any other material strong enough to be used as a weapon,
b. Large kitchen knives meat cleavers, machetes, sabres, swords
c. Axes and hatchets
d. Arrows and darts
e. Harpoons and spears
f. Ice skates, ice axes, ice picks, crampons, iron bars, plates with iron spikes and other mountain or ice equipment with spikes
g. Scalpels, craft knives, utility knives and scrapers
h. Tradesman’s tools with a blade longer than 6cm for example drills, drill bits, hammers, screwdrivers, saws, chisels, pliers and any other item that has the potential of being used as a weapon.
i. Ski poles and walking or hiking poles
j. Nunchakus, throwing stars, kubotans or any other martial art weapon
k. Non-safety razors or razor blades
15.23 Freight or cargo items cannot be accepted as check-In baggage. The transport of any cargo or freight items will need to be arranged with our cargo agents.
Musical instruments and sport equipment
15.24 Musical instruments and sport equipment can travel with you when you fly with us. Normally they will travel as check-in Baggage but may, under special conditions travel with you on the aeroplane. If the instrument or equipment does not fit inside your cabin baggage then you will need to purchase an extra seat for the instrument. Please refer to our Baggage policy for guidelines and instructions.
15.25 You are not allowed to travel with any goods which can compromise the safety or endanger the aircraft, or persons or property on board. Please refer to our Banned goods policy for a complete list and more information.
This includes, but is not limited to:
a. Items such as flammable liquids and solids, poisons, radioactive materials, corrosives, gas cylinders.
b. Items prohibited by and applicable law.
c. Live animals of any kind with the exception of assistance or guide dogs.
d. Items that have not been properly packed in Baggage or in a suitable alternative container.
e. Items unsuitable for carriage because of their weight, size or shape
f. Human or animal remains and hunting trophies
15.26 Notwithstanding clause 15.24 above we do accept, with prior permission on our part, the transportation of human ashes. If you wish to transport human ashes then they will need to be contained in a secure package and appropriately sealed and fit inside your cabin baggage. You will need to provide a copy of the death certificate and you will also need to provide a cremation certificate.
Right to search
15.27 If you are in doubt of any items you want to take as cabin baggage or as check-in baggage then you should contact Customer Support before arrival at the airport. You can also ask contact the Customer Services desk at the airport but this may not leave sufficient time before your flight.
15.28 We reserve the right to search baggage that we reasonably suspect contains prohibited items. We may need to search your baggage in your absence if you are not present and may break any locks if the situation requires, in which case we do not accept any liability for any damage caused.
15.29 We will refuse to accept baggage containing any prohibited items and the baggage fee will not be refundable.
15.30 If you refuse to comply with a request to search your baggage we may refuse to carry you and/or your Baggage and you will be entitled to a refund on the baggage fee.
15.31 You are required to attend any inspection made of you baggage by custom and any other government agency or official.
15.32 Airport authorities and governments may and do apply additional and sometimes stricter requirements applicable to passenger’s baggage. These changes can be made at short notice and may differ to the conditions as set out in our terms, policies and booking confirmation. If changes occur between the time of your booking and your flight we will try to let you know as soon as we are able.
15.33 Only the bearer of the baggage receipt issued at baggage check-in is entitled to receive the item of baggage.
15.34 If you used our auto bag drop service only the passenger named on the receipt is entitled to receive the item of baggage.
15.35 If you are unable to produce the correct baggage receipt, we will only deliver the baggage to you if you are able to establish to our reasonable satisfaction that you are the passenger who checked in the baggage and that it belongs to you.
15.36 You should collect your baggage as soon as it is available at your destination airport. If you do not collect your baggage within 28 days we may dispose of it and will accept no liability for the loss. If for any reason you do not collect your baggage you should contact us and we will assist in getting the baggage delivered to you. Any delivery fees will be your cost subject to previous agreement with you.
Liability for baggage
16.1 We will not be liable for damage to cabin baggage unless it was caused by our negligence.
16.2 We will not be liable for damage to check-in baggage, unless it was caused or contributed to by our negligence, wrongful act or omission. You must not carry any of the items listed in Article 15.24. If you do, we may consider you to be negligent and be wholly or partly excused from liability.
16.3 Where the Montreal Convention applies our liability for damage to your baggage is limited to the equivalent of 1,288 SDRs per Passenger, unless you can prove that the damage was caused by us or our agents in the course of a person’s employment/agency:
b. Recklessly and with knowledge that damage would probably result.
c. All claims must be supported by documented proof of purchase, including date and price. Depreciation will be deducted.
Increasing our liability for baggage
16.4 If you wish to increase the limit of our liability to your check-in baggage because it has a greater value than the value stated in 16.3 then you must make a special declaration at the check-in desk at the departure airport and pay a supplementary sum to us. Please see our Fees and charges.
16.5 If you have paid a supplementary sum under this article, our liability will be limited to the maximum of such higher declared value. Your declaration alone does not entitle you to recover the sum declared in the event of loss, damage or delay. You can only recover proven losses and Damage.
16.6 If the value of your baggage exceeds the amounts set out above, you should make sure your baggage is fully insured before travel.
16.7 We will not be liable for damage to baggage if the damage resulted from:
a. Something contained in the baggage.
b. An inherent defect, quality or vice of the baggage.
c. Wear and tear of baggage resulting from the normal rigours of air travel.
d. Baggage that was not in our care or control including, amongst other things, baggage undergoing security inspections.
Making a claim for physical damage to check-in baggage
16.8 If your Check-In baggage, or any item in it, is physically damaged, you must tell our baggage services agents at the airport and complete a damage report.
16.9 If you do not complete a damage report at the airport you must submit a claim to us in writing no later than seven days after receiving your check-in baggage. If you fail to do so, your right to submit a claim or bring a legal action in respect of such damage will expire.
16.10 If you do not submit a damage report, or contact us in writing within 7 days, we will assume that your check-in baggage was delivered in good condition.
16.11 If you are claiming for physical damage to baggage, we may ask to examine it so we can assess the damage, and reserve the right to do so.
Making a claim for loss of checked baggage
16.12 If your check-in baggage hasn’t arrived within twenty one (21) days from the date it should have been made available to you, then you can submit a claim to us.
16.13 Claims submitted to us must be made in writing. Claims can be made here.
16.14 If one of your items is missing from your check-in baggage you must submit a claim in writing within seven (7) Days from the date you received the check-in baggage.
16.15 We are not liable for delay to check-in baggage if we or our agents took all reasonable measures to avoid the delay or it was impossible for us or our agents to take such measures.
16.16 Under the Montreal Convention our liability for delay to your check-in baggage is limited to the equivalent of 1,288 SDRs per passenger. Unless you can prove that the delay was caused by us or our agents in the course of a person’s employment either intentionally or recklessly and with knowledge that delay would probably result.
16.17 Where applicable law provides that different limits of liability are applicable to cabin baggage and/or check-in baggage, those limits will apply.
16.18 If your check-in baggage was delayed, you must submit a claim to us in writing within twenty one (21) Days from the date it was made available to you. If you fail to do so, your right to submit a claim or bring a legal action in respect of such delay will be extinguished.
Processing your baggage claim
16.19 If you wish to make a claim to us for compensation for damage or delay of baggage you claim must be accompanied by an itemised list identifying each item by description, manufacturer and age, together with proof of purchase or ownership for all such items. Depreciation may be deducted from claims.
16.20 All baggage will be considered to be your property; any piece of check-in baggage or cabin baggage will not be considered to be the property of more than one passenger. Cabin baggage including personal items, will be considered to be the property of the passenger in possession of the cabin baggage at the time of embarkation.
16.21 If you wish to claim the cost of replacement of an item which forms part of a claim for compensation for damage or delay to baggage, you must consult us before you incur such cost otherwise we may not include the cost in any compensation payable. Proof of purchase of all replacement items must accompany your claim.
16.22 For all claims for compensation concerning baggage, you must provide us with any information we ask for to enable us to assess the eligibility of your claim and the amount payable.
16.23 If requested by us, you must sign a statement of truth regarding the facts of your claim for damage to baggage before we pay any compensation to you.
16.24 If you don’t comply with the above requirements, it may affect the amount of any compensation you can recover.
16.25 Where you have submitted a claim to us in writing within any time periods specified in Article 19, you will have no right to damages if any legal action for damage or delay concerning baggage is not brought within two (2) years of the date of your flight.
Flight Delays, Disruption and Denied Boarding
17.1 Flight times and departures may change between the date of booking and your date of travel. We do not guarantee a departure and flight time and they do not form part of your contract with us.
17.2 When we accept your booking, we will tell you the scheduled departure time and it will be shown on your booking confirmation.
17.3 If for any reason, we change the scheduled departure time on your booking, we will notify the booker using the contact information provided at the time of the booking. You should check our website before you fly for the most up-to-date flight information.
17.4 If we cancel your flight we will give you the choice of a refund, or we will book you onto another the next available flights.
17.4 We take all reasonable measures to avoid disruption to our services (such as cancellations, delays and denied boarding). In order to minimise any disruption we might arrange for your flight to be operated on another type of aircraft or by another carrier.
17.5 Sometimes, even after taking these measures, your flight may be disrupted and you may be entitled to remedies under Regulation 261/2004.
17.6 If you bring a legal action against us for disruption, we may off-set any payment we have already made to you for that disruption under Regulation 261/2004.
17.7 If it has been more than six years since the scheduled arrival date of the flight you’re claiming for, you won’t be able to bring a claim.
17.8 You must make any claim under Regulation 261/2004 to us directly and allow us 28 Days to respond directly to you before you engage a third party to claim on your behalf. You can submit your claim to us using our claim form.
17.9 If you do not submit your claim to us directly first and allow us 28 Days to respond, we will not process any claim we receive from a third party.
17.10 You may submit a claim on behalf of other Passengers listed on your booking. If you do so, we may ask to see evidence that you have their consent to submit a claim on their behalf.
17.11 Article 17.9 does not stop you from consulting a third party adviser or obtaining legal advice before submitting your claim directly to us.
17.12 Where you have already submitted your claim to us directly first, and we then receive a claim from a third party acting on your behalf relating to the same event, we may require the third party to provide documentation evidencing they have authority to act on your behalf before we respond.
17.13 Our liability for damage caused by delay in carrying you is limited to 5,346 SDRs per Passenger, unless you can prove that the delay was caused by us or our agents in the course of a person’s employment, either intentionally or recklessly and with knowledge that a delay would probably result.
17.14 We will have no liability for damage caused by a delay, if we can prove that we, our employees or agents took all measures that could reasonably be required to avoid the delay or that it was impossible to take such measures.
17.15 You must prove any damage suffered as a result of a delay, and provide documentary evidence (for example, receipts) supporting any claim.
Making a claim
19.1 Our liability is determined by these terms and conditions of carriage and the applicable law.
19.2 Airline liability for air transportation of passengers and baggage is regulated by various laws and conventions which includes the Warsaw Convention, the Montreal Convention, EU Regulation 261/2004, EU Regulation 2027/97, and local law in individual countries.
19.3 If any of the limits of liability set out in these conditions of carriage are inconsistent with the liability set out in these laws, the liability set out in such laws (or any other applicable law) will apply.
19.4 We will be liable only for damage or delay occurring during carriage on flights operated by us or in relation to which we have a legal liability to you.
19.5 We will only be liable for death, wounding or any other bodily injury suffered by a passenger if it was caused by an accident which took place on-board the aircraft, or during boarding or disembarking the aircraft, in accordance with The Convention.
19.6 Our liability will be governed by and subject to the limits as set out in The Convention.
19.7 In the event of death or bodily injury we will only be liable for recoverable compensatory damages for proven losses and costs in accordance with The Convention, as applicable.
19.8 We reserve all rights of recourse and subrogation against all third parties.
19.9 There are no financial limits to our liability for bodily injury or death.
19.10 For claims up to and including 128,821 SDRs, we will not contest our liability. However, if we can show that the damage was caused or contributed to by the negligence or other wrongful act or omission of the injured or deceased passenger or the person claiming compensation, we may be excused wholly or partly from our liability by applicable laws.
19.11 For claims that are more than 128,821 SDRs, we will not be liable for any damages over 128,821 SDRs if we can prove that: we were not negligent or otherwise at fault; or the damage was caused by the negligence or other fault of a third party.
19.12 If required under the regulation to do so we will, without delay and in any event not later than 15 Days after the identity of the personal entitled to compensation has been established, make any advance payment as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered. In the event of death of a passenger, an advance payment will be the equivalent of at least 16,000 SDRs per Passenger.
19.13 An advance payment, does not mean we accept liability for death or bodily injury.
19.14 We may offset any advance payment we make against any later sum we are due to pay based on our liability.
19.15 An advance payment might need to be repaid to us if we are excused from liability because the damage was caused or contributed to by the negligence or other wrongful act or omission of the injured or deceased passenger or the person claiming compensation, or we discover the person who received the advanced payment was not entitled to it.
19.16 These terms and conditions of carriage and any applicable conditions, together with any exclusions and limits of liability, applies to our agents, employees and representatives in the same way as they apply to us and so the total amount you can recover from them will not exceed the total amount you could recover from us.
19.16.1 Nothing in these conditions of carriage:
(i) Gives up any exclusion or limitation of our liability under Regulation 2027/97, the Warsaw Convention or the Montreal Convention or applicable laws unless we have stated otherwise.
(ii) Prevents us from excluding or limiting our liability under Regulation 2027/97, the Warsaw Convention or the Montreal Convention or any applicable laws or gives up any defence available to us, against any public social security body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a Passenger.
(iii) A summary of the main provisions of our liability is set out in your ticket, or may be provided by us or our authorised agents to you by other means but cannot be used as a basis for a claim for compensation.
19.17 You will have no right to damages if any legal action for damage or delay is not brought within 2 years of the date of arrival at your destination or the date on which the aircraft should have arrived, or the date on which the carriage stopped.
19.18 The method of calculating the time-limit for bringing a claim shall be determined by the law of the court where the case is heard.
19.19 If you are do not agree with the final decision or if we are unable to resolve your complaint you may seek Alternative Dispute Resolution (ADR) by contacting the Civil Aviation Authority.
19.20 The right to compensation, damages or refund against us can only be assigned to natural persons who are registered as Passengers on your booking or is a minor or otherwise not legally competent, to their legal guardian, or where assignment or subrogation is required by law.
Wet Lease Services
Some of our flights are operated under arrangements with other carriers who operate the aircraft on our behalf using our name, our livery and our Airline Designator Code (known as a “wet lease”). If your flight is planned to be operated in this way, we will let you know at the time of booking (if known).
flypop is a point-to-point carrier and we do not operate connecting or ‘through tickets’ for our flights or the flights of other carriers.
If you have booked an onward flight with another carrier, this represents a separate contract of carriage. We do not guarantee or accept liability for missed onward carriage on a subsequent flight. Where you choose to book such an onward flight, you are responsible for ensuring that you comply with all check-in, baggage and travel documentation requirements for that flight.
We require you to have the right to enter the country of arrival of your flight. We do not take into account any onward flight you may have, even if there is an airside transfer route at that arrival airport.
Unless otherwise provided by law; including, where applicable, the Conventions, APR 2019 and Regulation EU261. These terms and all services provided by us to you pursuant to these terms, including in respect of yourself and/or your baggage, shall be governed by the laws of England and Wales.
- You can bring proceedings in the English courts, which shall have non-exclusive jurisdiction in relation to any dispute (contractual or non-contractual) arising out of or in connection with this agreement including any question regarding its existence, validity or termination;
If you are a consumer resident in another member state of the European Union, you may also be able to bring proceedings in the courts of the member state in which you are resident.