SmartDelay Terms and Conditions

Please read these terms and conditions carefully before registering for the SmartDelay service (the “Service”).

Parties to Service

The Service is carried out on behalf of UAB SkyCop (“Client”) by Collinson Service Solutions Limited (“we/us/our”), Cutlers Exchange, 123 Houndsditch, London, EC3A 7BU. By entering into these terms and conditions, you agree that you are legally capable of entering into a binding contract and you are at least 18 years old. You also agree with our privacy policy found here.

Eligibility

This Service is available to all customers with Skycop Care subscription and other clients chosen by Skycop. Following purchase of your Skycop Care program you will be automatically registered for the Service. You acknowledge that not all flights are eligible for registration

How to use the Service

You will become eligible for the Service if you register your flight 2 hours before the scheduled departure. We reserve the right not to provide the Service if you fail to accurately register your details. The departure of your flight will be monitored by our flight tracking system. Subject to a successful prior registration, we will provide you with an lounge access voucher via email if our flight tracking system identifies that your flight is delayed by more 120 minutes (the “Delay Threshold”). You will also receive an SMS to notify you of such emails. Access to the email account you provide at registration and the ability to display your lounge access voucher is a condition of use of the Service.

A delay which meets or exceeds the Delay Threshold can be announced as one single period of delay, or as a result of a consequence of multiple incremental shorter delays totalling the Delay Threshold.

We will rely solely on our flight tracking system to determine if you have become eligible for lounge access. You accept that we do not warrant the accuracy of the flight tracking system and you will not rely on it to track your flight departure time.

In the event of a qualifying travel delay, a lounge access voucher will be provided to your email address for you and up to 1 travel companions on the same day of your flight travel. It cannot be used on any other day of your travel.

Only the named individuals in the email confirmation will be eligible to receive the Service.

The Service is provided to you on a non-transferable, non-refundable and non-changeable basis. No cash or credit alternatives will be offered.

You expressly accept all conditions of use that are applicable to the Service (“Conditions of Use”) provided by us. Our terms and conditions for lounge access can be found here: https://loungefinder.loungekey.com/pass/conditions-of-use.

Where applicable, by accessing the airport lounge, you agree to abide by the rules and policies of the lounge.

Price and Payment

This Service is free. Client reserves the right to amend the fee from time to time.

Liability

If we fail to comply with these terms and conditions, we shall only be liable for the issuance of a participating lounge access replacement voucher. Replacement vouchers are non-refundable and cannot be exchanged for cash. We shall not be liable to reimburse you for any out of pocket costs or expenses or lounge access costs incurred by you at the airport should you choose to access the lounge at your own cost.

We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

• loss of income or revenue;
• loss of business;
• loss of profits; or
• oss of anticipated savings.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an event outside our Control. An event outside our control means any act or event beyond our reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

Nothing in these terms and conditions exclude or limit our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

Where you use the Services of any participating airport lounge, any losses or liability arising out of, or in connection with using such lounge shall be the liability of the participating lounge. We will not participate in any dispute between you and any participating lounge. We do not give any warranty for any goods or services accessed through the participating lounges.

You agree that you will defend and indemnify us, and our companies, directors, officers, employees and agents (collectively ‘the indemnified parties’) against and hold each indemnified party harmless from all liabilities, damages, losses, claims, suits, judgments, costs and expenses (including reasonable legal fees) for injury to or death of any person or damage to or destruction of any property arising out of the use of the Service by you, except that such indemnification shall not extend to acts of gross negligence or willful misconduct by the indemnified parties.

Term and Cancellation

The term of these terms and conditions will end if the Service is revoked by the Client.

Notices

You accept that communication with us will mainly be electronic. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Right to Amend and Revoke These Terms and Conditions

We have the right to amend or terminate these terms and conditions with immediate effect at any time.

Customer Service

If you have a complaint about any aspect of the Service, please contact: customerservice@collinsongroup.smartdelay.com

Other Important Terms

We may transfer our rights and obligations under these terms and conditions to another organisation, and we will notify you in writing if this happens, but this will not affect your rights or our obligations under these terms and conditions.

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

If there is any conflict in meaning between the English language version of these terms and conditions and any version or translation of these terms and conditions, the English language version shall prevail.

These terms are governed by English law. You and we both agree to submit to the exclusive jurisdiction of the English courts.

Conditions of Use

In these Conditions of Use, the following words and expressions shall have the meanings set out against them below:

Customer	means any person who participates in the Program.
Lounge/s	means a third party provider of airport or travel lounges which are available to Customers participating in Program.
Means of Access	means an eligible QR code, LoungeKey Pass or any such other form of access as detailed by Priority Pass in writing from time to time at its sole discretion.
Merchant of Record	means the organisation responsible for processing Customers payments for Lounge access through Program, including but not limited to, Priority Pass’s affiliates: (i) Priority Pass Limited; (ii) Priority Pass, Inc.; (iii) Priority Pass (A.P.) Limited; (iv) Collinson (Shanghai) Co. Ltd; (v) Collinson Services India LLP; (vi) Collinson Peru S.A.C.; and (vii) Priority Pass (Asia) Pte. Ltd
Priority Pass	means Priority Pass Limited of Cutlers Exchange, 123 Houndsditch, London, EC3A 7BU, Company No. 02728518.
Program	means the LoungeKey Pass™ programme provided by Priority Pass designed to enable Customer access to Lounge using a Means of Access.

2. Conditions of Use: By participating in the Program, Customer agrees to and accepts these Conditions of Use. These Conditions of Use will prevail over any other terms and conditions provided to Customer in relation to purchase, or use of, Program. Priority Pass reserves the right at all times to make any changes to these Conditions of Use. Customer agrees that Priority Pass may provide notification by posting the Conditions of Use on the Program website, and that Customer use of Program constitutes agreement to the current Conditions of Use. Customers are advised to review these Conditions of Use prior to use of Program. Conditions of Use are effective as of the 1 March 2023 and will apply to use of Program from that point forward.
3. Terms: These Conditions of Use set out the terms relating to Program and use of Lounge. Each Lounge will have its own specific terms which will be outlined in the Lounge description on Program website. By using the Lounge Customer is accepting the Lounge terms. Customer should read the Lounge terms carefully before using the Lounge.
4. Merchant of Record: The principal entity supplying Lounge access for Program is as follows:(i) Priority Pass Limited for services within Europe, Middle East and Africa;(ii) Priority Pass, Inc. for services within North America, South America (excluding Peru) and Latin America;(iii) Priority Pass (A.P.) Limited for services within Asia Pacific (excluding People’s Republic of China, India and Taiwan);(iv) Collinson (Shanghai) Co. Ltd for services within People’s Republic of China;(v) Collinson Services India LLP for services within India;

   (vi) Collinson Peru S.A.C. for services within Peru; and

   (vii) Priority Pass (Asia) Pte. Ltd. for services within Taiwan.

5. Documentation: Admittance to a Lounge is strictly conditional upon Customers possessing (i) a valid Means of Access, (ii) a valid boarding pass and (iii) any additional identification that the Lounge may require from Customer and their guests, which may include passport, national identity card or driving license. Photograph of Means of Access will not be accepted as substitutes. Some Lounges in Europe are located within designated Schengen areas of airport which means that access is only provided to these locations if Customer is travelling between Schengen countries (https://ec.europa.eu/home-affairs/policies/schengen-borders-and-visa/schengen-area_en).
6. Use of Lounge: When presenting the Means of Access on entering a Lounge, Customers are required to inform staff that they wish to enter Lounge using the Program by referencing “LoungeKey Pass”. Staff will verify eligibility to enter the Lounge by checking the Means of Access visually and then electronically recording the Means of Access through a card/code reader, or otherwise entering the details into a secure system. Staff will also enter the number of guests, if any, accompanying Customer. If requested, Customer must sign the card reader screen. The electronic record of Customer’s Means of Access will be considered valid evidence of Customer accessing Lounge.
7. Means of Access on Device: Means of Access on Customer’s smartphone, tablet or other device may require inspection by staff, including the need for the member of staff to handle the device. Priority Pass accepts no liability for any damage caused to the device by Lounge staff.
8. Use and expiry: Means of Access is non-transferable and Customer may only use Lounge up to and including the expiry date shown on the Means of Access. Means of Access may not be used by any person other than the named Customer.
9. Children: Applicability of Lounge access for children varies according to each specific Lounge’s policies. Customer is advised to check the Lounge description provided within the Lounge Finder link in the Program email for specific child-related provisions prior to using the Lounge. Inclusion of children with regard to eligibility for the Lounge is at the discretion of the Lounge.
10. Behavioural Standards: Use of Lounge is subject to Customer, guest and children behaving and dressing in accordance with the Lounge terms and conditions, and any person not complying with such terms and conditions may be asked to vacate the Lounge. Priority Pass is not liable for any loss suffered by Customer where a Lounge has refused admission or Lounge use because Customer or any guest has not complied with the terms of this Program or Lounge terms and conditions.
11. Consumption Charges: The provision of alcoholic drinks, where local law permits, is at the discretion of each Lounge location and in some cases may be limited or unavailable. In such cases Customer is responsible for paying any charges for additional consumption or for premium alcoholic drinks directly to Lounge. See individual Lounge descriptions for details.
12. Telephone and Wi-Fi: Telephone and Wi-Fi availability vary in each Lounge and are provided at the Lounge’s discretion. Free usage of telephone facilities is normally limited to local calls only. Charges for any other services are at the discretion of each Lounge, and Customer is responsible for paying these directly to the Lounge.
13. Flight Announcements: Lounges have no obligation to announce flight information and Customer accepts that Priority Pass will not be held liable for any direct or indirect loss resulting out of any Customer or guest failing to board their flight. It is Customer’s responsibility to check the relevant entry requirements for any country being visited and to have the correct travel documentation for the journey.
14. Changes to Program: Priority Pass may amend the Program at any time upon providing 30 days’ notice in advance of such change. Where Customer receives Program through a payment card provider or other organisation, any changes will be notified to the payment card provider, who is responsible for advising Customer. In the event that Customer does not accept a change, Customer will have the right to terminate their Program by providing 30 days’ notice in writing directly to the payment card provider or other organisation who will be responsible for informing Priority Pass and liable for any costs Customer incurs as a result of its failure to inform Priority Pass of such termination.
15. Third Party Organisations: Lounges are owned and operated by third party organisations. Customer and guests must abide by the rules and policies of each participating Lounge location, and Customer accepts that provision of a Means of Access for a Lounge does not guarantee access or continued access and us subject to capacity restrictions. Customer accepts that Priority Pass has no control over the Lounge’s decision of whether to admit any Customer, the number of people allowed in at any time, facilities offered, the opening/closing times, the length of time which Customers may spend in Lounge, any charges payable above and beyond those included, or the personnel employed. Priority Pass will use reasonable endeavours to ensure benefits and facilities are available as advertised, but Customer accepts that Priority Pass does not warrant nor guarantee in any way that any or all of the benefits and facilities will be available at the time of Customer’s visit.
16. Third Party Links and Websites: Program website may contain links to websites, offers or programmes that are operated or owned by third parties that are not part of, or controlled by, Priority Pass. Priority Pass accepts no responsibility for the content of any such third party websites, or in relation to use of any Lounge or the redemption of any offers by third parties. Priority Pass will not be liable for any loss or damage that may arise from Customer’s use of any third party websites, offers or programmes.
17. Loss: Customer accepts that Priority Pass is not liable for any direct or indirect loss to Customer, or any guest, arising from the provision or non-provision, whether in whole or in part, of any of the advertised benefits and facilities. Customer accepts that Priority Pass is not liable for any loss or personal injury suffered inside a Lounge by any person who has entered under the Program.
18. Personal Belongings: To the fullest extent allowed by law, Priority Pass accepts no responsibility for the actions of Customer or any guest when using any Lounge or participating in Program, and will not be responsible for any personal belongings brought into a Lounge by Customer or their guest.
19. Lost or Stolen Means of Access: Priority Pass shall not be responsible for replacing any lost, stolen, damaged, or otherwise non-functional Means of Access, and shall not be liable for any inability of a Customer to access the Lounge during any period that any Means of Access is being replaced or updated.
20. Disputes: Priority Pass is not responsible for any disputes or claims that may occur between Customer and Lounges, nor for any losses, costs, damages, or expenses incurred. Any claims or issues arising out of or in connection with the Program regarding Lounge access should be dealt with by Priority Pass. Customers with complaints relating to any Lounge access should, within six months of the relevant Lounge access make a complaint via one of the channels listed. Contact Priority Pass: – https://contactus.loungekey.com/pass
21. Indemnity: Customer agrees that s/he will defend and indemnify Priority Pass and its directors, officers, employees and agents (collectively ‘the indemnified parties’) against and hold each indemnified party harmless from all liabilities, damages, losses, claims, suits, judgments, costs and expenses (including reasonable legal fees) for injury to or death of any person or damage to or destruction of any property arising out of the use of any Lounge access by Customer or any other person accompanying Customer, except that such indemnification shall not extend to acts of gross negligence or willful misconduct by the indemnified parties.
22. Tax Liability: Priority Pass makes no representations as to any income, use, excise or other tax liability of Customers as a result of their Lounge access. Customers are advised to check with their accountant or tax adviser for further information. Customer is solely responsible for any tax liability as a result of purchasing or using a Lounge or Program.
23. Personal Data: By participating in the Program, Customer consents to any personal data being used in accordance with the privacy policy, available on written request to Priority Pass Limited at Cutlers Exchange, 123 Houndsditch, London, EC3A 7BU, UK.
24. Sanctions: Customer represents and warrants that (i) Customer is not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) Customer is not listed on any U.S. government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
25. Monitoring: Priority Pass is constantly trying to improve the services it provides to Customers therefore may occasionally monitor telephone calls from Customers to maintain and enhance our services. Where calls are recorded, Customer may access their own telephone recordings and call charges by submitting their request in writing to the Priority Pass.
26. Jurisdiction: To the extent permissible by local law or regulation, these Conditions of Use shall be governed by and construed in accordance with English law, and Priority Pass and Customer shall submit to the exclusive jurisdiction of English courts to resolve any disputes that arise out of them.
27. Enforceability: Any provision of these Conditions of Use declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect the other provisions of these Conditions of Use.
28. Conflict: If there is any conflict in meaning between the English language version of these Conditions of Use and any version or translation, the English language version shall prevail.