These user terms and conditions (“User Terms”) apply to the use of the fly-MaaS (Mobility as a service) services, service platform and the Lygg application, including related websites, content and services (“Services”) provided by FlyMaas Oy, a company registered in Finland with Business ID: 3167078-7 (“Lygg” or “We”). These User Terms govern the relationship and together with any specific rules, or policies or code of conduct referred to below in these User Terms constitute the agreement between you (“You” or “Authorized User”) and Lygg regarding the use of the Services. By accessing or using any part of the Services, You agree to these User Terms and accept to be bound by them.
You are an authorized user of Services as ordered by Lygg’s corporate customer or a purchaser of Pay Go services for corporate customer (“Customer”). Customer has separately entered into a written agreement with Lygg (“Agreement”) that permitted Lygg and Customer to create and configure certain pre-selected package of Services so that You and others could join and have access to the Services (each invitee granted access to the Services, including you, being an Authorised User) or You are otherwise authorized to purchase Pay Go services for the Customer.
When You submit content or information to the Services, such as travel information or any other information (“Customer Data”), You acknowledge and agree that such Customer Data will be shared with Customer, and that the Agreement provides Customer with control over that Customer Data between Lygg and Customer. You agree that it is solely Customer’s responsibility to (a) inform You and any Authorized Users of any relevant Customer policies and practices and any settings that may impact the processing of Customer Data and to obtain any rights, permissions or consents from You and any Authorized Users that are necessary for the lawful use of Customer data and the operation of the Services.
Please read these User Terms carefully before accessing or using the Services. If You do not agree to these User Terms, You may not use the Services. You acknowledge that Lygg is solely a platform provider (mobility-as-a- service, MaaS service provider under the Act on Transportation Services integrating different transportation modes into a travel chain (Fi: yhdistämispalvelun tarjoaja, Liikennepalvelulaki 2017/320) as amended), and not an airline or other Transport Service Provider (as defined below).
We may make changes to these User Terms at any time in accordance with Section 15 below, and Your continued use of the Services shall confirm Your acceptance of the updated User Terms. In addition to these User Terms, You agree to abide by any supplemental policies of the Services as well as all other related operating rules, policies or code of conduct made available to You by Lygg or by Customer from time to time.
1. Use of the Services
The Services constitute a platform that enables You and Authorized Users to pre-book and schedule a door-to-door travel chain including transportation services with independent third-party providers of such services with whom Lygg is in a contractual relationship (“Transport Service Providers”). Unless otherwise agreed by Lygg in a separate written agreement with You, the Services are made available solely for Your personal, non-commercial use.
YOU ACKNOWLEDGE THAT LYGG DOES NOT PROVIDE TRANSPORTATION SERVICES, SELL AIRLINE OR OTHER TRAVEL TICKETS OR FUNCTION AS A TRANSPORTATION PROVIDER. ALL TRANSPORTATION SERVICES ARE PROVIDED TO YOU UNDER A CONTRACT BETWEEN YOU AND THE TRANSPORT SERVICE PROVIDER THAT IS IDENTIFIED TO YOU IN THE BOOKING CONFIRMATION. THE TRANSPORT SERVICE PROVIDERS ARE NOT EMPLOYED BY LYGG AND LYGG IS NOT A PARTY TO THE CONTRACT BETWEEN YOU AND THE TRANSPORT SERVICE PROVIDER.
YOU FURTHER ACKNOWLEDGE THAT THE TRANSPORT SERVICE PROVIDERS OR LYGG ARE NOT OFFERING ANY SERVICES (OR FLIGHTS THEREIN) TO THE PUBLIC, AND ANY TRAVELLING WILL BE ON REDUCED RATES. IN ADDITION, THE FLIGHTS ARE TYPICALLY PART OF MULTIMODAL TRAVEL CHAINS AND PART OF BROADER MOBILITY AS A SERVICE CONCEPT.
THEREFORE, YOU ARE NOT ENTITLED TO CLAIM ANY COMPENSATIONS IN THE EVENT OF DENIED BOARDING AND OF CANCELLATION OR LONG DELAY OF FLIGHTS IN ACCORDANCE WITH THE REGULATION (EC) No 261/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, OR UNDER ANY SIMILAR RULE OR REGULATION.
Subject to Your compliance with these User Terms and payment of the applicable payments and fees either by Yourself or by Customer, Lygg grants to You a limited, non-exclusive, non-sublicensable, non-transferable and revocable right to (i) access and use the LYGG application on Your personal device solely in connection with Your use of the Services, and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for Your personal, non-commercial use. You may not use such any part of the Services for any purpose other than the permitted use of the Services.
You shall not sell, rent or give away Your right to use the Services, create Services account by using a false identity or information, or on behalf of someone other than yourself. You shall not use the Services if You have previously been removed from using any part of the Services by Lygg.
You may not (i) use any technological or other means (such as bugs or glitches in the Services, or by using third party tools or software) to use the Services in a way that interferes with or disrupts the Services, (ii) use the Services for fraudulent or abusive purposes, (iii) attempt to decompile, reverse engineer, disassemble or hack any of the Services, or (iv) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
You agree to comply with all applicable laws when using the Services, and You may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in Your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Transport Service Provider or any other party. In certain situations, You may be asked to provide proof of identity to access or use the Services, and You agree that You may be denied access to or use of the Services if You refuse to provide proof of identity.
2. User Accounts
In order to use the Services, You must register for and maintain an active personal user account. You must give Lygg correct personal and other information necessary for using the Services as well as at least one valid payment method if such information is required. You agree to maintain accurate, complete, and up-to-date information in Your user account. You may not create more than one user account.
In order to use the Services, You must be a natural person over the age of 18 and have full legal capacity of natural person and not under guardianship. Otherwise You may register to and use the Services only with and in accordance with the prior consent of Your parent or legal guardian. The parents or legal guardian can give or cancel their consent to use the Services by contacting LYGG under firstname.lastname@example.org for assistance.
You are solely responsible for all Your use of the Services. You may not reveal, share or otherwise allow others to use Your password, or use passwords of others. You agree that You are personally responsible for the use of Your user account, and for all of the communication and activity in connection with the Services.
By creating a user account, You agree that the Services may send You text messages or call You as part of the normal business operation of Your use of the Services.
3. Intellectual Property Rights
All rights, title and interest in and to the Services (including the related software and media), the design of the Services and associated content including text, computer code, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (“Lygg Material”) are owned by or licensed to Lygg, subject to copyright and other intellectual property rights under Finnish and foreign laws and international conventions. Except as expressly provided in the User Terms, Lygg does not grant any express or implied rights to use the Lygg Material. You acknowledge and agree that You shall have no ownership or other property interest in the Services. You agree not to move or amend any proprietary notices or other ownership information from the Services.
4. Third-Party Services and Material
The Services may contain links to websites operated by third parties or feature content which is made available by third-party services (such as travel tickets, timetables and other information) and enable You to access and use certain third-party services. Use of any websites operated by third parties, third-party services and/or content in third-party services shall be, in addition to these User Terms, subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. Lygg assumes no responsibility for such third-party services and/or content in third-party services.
These User Terms shall be in addition to (and take precedence over where not prohibited) any terms and conditions, applicable to the distribution platform (such as an application store) through which You are acquiring the Services, agreed to between You and the relevant third-party entity.
5. Fees and Payment
The use of the Services is subject to payment of applicable prices and fees for the services You receive from Transport Service Providers (“Fees”) either by Yourself or by Customer. Lygg will facilitate your payment of the applicable Fees on behalf of the Transport Service Providers by providing different types of plans through the Service that for instance may include separately agreed number of flights, ground transportation trips or seats reserved under an Agreement of Customer for Your and other Authorized User’s use. Payment of the Fees in such manner either by Yourself or by Customer shall be considered the same as payment made directly by You to the Transport Service Provider.
The right to use the Services is in each case personal, and is granted only for the Authorized Users and purchasers of Pay Go services.
Subject to payment of the applicable Fees either by Yourself or by Customer, the right to use the Services shall be in force for the time period selected (“Subscription Term”) and as set out in the Agreement between Lygg and Customer or as required for the use of Pay Go services. All Fees are due immediately and payment will be facilitated using the payment method specified in the Services and in the Agreement, and after effected payments Lygg will send You or Customer, as the case may be, a receipt by e-mail.
Fees will be inclusive of applicable taxes where required by law. Fees paid by You are final and non-refundable, unless otherwise determined by Lygg. However, Lygg shall use its reasonable efforts to assist You in case of erroneous payments. Lygg will use its reasonable efforts to inform you of Fees that may apply, provided that you will be responsible for Fees incurred by You regardless of your awareness of such Fees or the amounts thereof.
Lygg reserves the right to establish, remove and/or modify Fees for any or all services or goods obtained through the use of the Services at any time at Lygg’s sole discretion.
We may create promotional codes that may be redeemed for user account credit, or other features or benefits related to the Services and/or to Transport Service Provider’s services, subject to any additional terms that Lygg provide. You agree that promo codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public; (iii) may be disabled by Lygg at any time for any reason without liability to Lygg; (iv) are not valid for cash; and (v) may expire prior to Your use. We reserve the right to withhold or deduct credits or other benefits obtained through the use of promo codes by You if we believe that the use or redemption of the promo code was in error, fraudulent, illegal, or in violation of the additional terms or these User Terms.
If Your payment card/bank account details change, new details must be updated via LYGG application before the next service fee is due.
The payment processors We use (currently Stripe) store the necessary payment card and other payment instrument data in a strongly encrypted form in their own databases.
You may cancel Your booking free of charge no later than 24 hours prior to your scheduled departure (departure meaning, in case of a travel chain, the first scheduled departure within Your itinerary under the Services regardless of means of transportation), in which case You can reschedule Your departure, and in case of a travel chain, other departures within the itinerary, subject to their availability.
In the event of cancellation later than 24 hours prior to your scheduled departure, or “no-show” (“no-show” meaning, for the sake of clarity, a situation when booking has not been cancelled in accordance with the User Terms), but the passenger fails to check-in or board the flight, as the case may be, no refund of payments will be made. In case of “no-show”, You accept that Lygg shall have the right to charge an additional “no-show” fee set out in LYGG’s valid price list either from Customer or from You, at the sole discretion of Lygg.
7. Other costs
You are solely responsible for any costs (including any additional payment processing fees which may be applicable) You incur to access the Services through any internet, mobile or other communication service, such as any fees for downloading, installing, messaging, and other data usage on an Internet provider’s or mobile network, as well as for acquiring any additional features.
You are responsible for the cost of repair for damage to, or necessary cleaning of, Transport Service Provider’s transportation vehicles and property resulting from use of the Services under Your user account in excess of normal “wear and tear” damages and necessary cleaning.
8. Service Availability and Support
We use our reasonable efforts to ensure that the Services are available 24 hours a day 7 days a week, but we cannot promise that access to the Service will be uninterrupted or error free. There may be occasions when access to the Service is interrupted due to e.g. regular Service maintenance.
Free support assisting in the use of Services is provided, at our sole discretion and without any warranties or service level guarantees for response times, by e-mail. Contact email@example.com for assistance.
We are not responsible for the conduct, whether online or offline, of any user of the Services. We do not procure insurance for, nor are we responsible for, personal belongings left in the vehicles by You. By using the Services, You agree to accept such risks and agree that Lygg is not responsible for the acts or omissions of users in the Services.
Location data provided by the Services is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed.
Except as provided in these User Terms and to the maximum extent permitted by applicable law, LYGG MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THEIR QUALITY, PERFORMANCE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. LYGG MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, RELIABLE, TIMELY, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR REGARDING THE AVAILABILITY OF ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES.
LYGG DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF TRANSPORTATION SERVICE PROVIDERS OR OTHER THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Lygg shall only procure the Transport Service Providers to provide the transportation vehicles airworthy/roadworthy/railworthy/seaworthy in accordance with the laws and regulations of the state of registration of the transportation vehicle, and in case of aircraft, under an EASA approved AOC (Air Operator’s Certificate).
You agree to indemnify and hold harmless Lygg and its affiliates from all liabilities, claims and expenses, including reasonable attorneys' fees, arising from or related to breach of these User Terms, or any act or omission by You relating to the Services.
11. Limitation of Liability
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH TRANSPORT SERVICE PROVIDERS OR OTHER THIRD PARTY PROVIDERS, BUT YOU HEREBY ACKNOWLEDGE AND AGREE THAT LYGG HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY TRANSPORT SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE USER TERMS.
LYGG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF FLYMAAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS LYGG HAS CAUSED SUCH DAMAGE INTENTIONALLY OR THROUGH GROSS NEGLIGENCE. LYGG SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY TRANSPORT SERVICE PROVIDERS OR OTHER THIRD PARTY PROVIDER; OR (iii) FROM CAUSES BEYOND LYGG’S REASONABLE CONTROL. IN NO EVENT SHALL LYGG’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES AND LOSSES EXCEED 100 EUROS (€).
12. Force Majeure
Lygg shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Lygg or Transport Service Provider, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Lygg’s or Transport Service Provider's control such as explosions, revolutions, acts of terrorism, hijacking, insurrection, riot, civil commotion, war, national or local emergency, acts (or non-action) and interventions of government or any government agency or body, lock-out, strike, industrial dispute or action, labour disputes, fire, lightning, flooding, embargoes, pandemic, epidemic, quarantine, requisition of an aircraft or other transportation vehicle, lack of flight or traffic permit(s), terminal capacity constraints, accidents to or failure of the transportation vehicle or vehicle used in connection therewith, acts or omissions of third parties and extreme weather conditions.
13. Term and Termination
Your right to use the Services granted under these User Terms remains in effect for the Subscription Term or as required for the use of Pay Go services or until terminated by You or Us. You may terminate the Service at any time by uninstalling or no longer accessing the applications relevant to the Services.
Lygg may terminate these User Terms or any Services with respect to You, or generally cease offering or deny access to the Services or any part thereof, if You or Customer are in breach of these User Terms or Agreement, or fail to make any payments hereunder, or Lygg discontinues the provision of any part of the Services. Lygg will provide You with as much notice as it reasonably can of such termination, unless it is impractical to give such notice in the circumstances, or in Lygg’s opinion, any delay in such termination would expose Lygg or a third party to significant risk of harm or damage.
Lygg will not refund any pre-paid Fees or other payments to You or to Customer upon termination.
Upon termination in accordance with these User Terms for any reason, You must cease all use of the Services and promptly delete any applications associated with the Services. Your termination of the Services for any reason shall not release You from any liabilities or obligations set forth in these User Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.
Lygg may assign or delegate its rights and obligations under the User Terms, in whole or in part, to any person or entity at any time without Your consent. You may not assign or delegate rights or obligations under the User Terms without Lygg’s prior written consent.
You hereby authorize Lygg on your behalf to purchase ticket products and other products entitling You to use mobility services, including the use of discounts, reimbursements or application of special condition, and to use Your identification and user information contained in Your account within the Services for this purpose, in accordance with the §156 of Finnish Act on Transport Services (Fi: Laki liikenteen palveluista 2017/320, as amended).
16. Applicable Law and Disputes
These User Terms shall be governed by and shall be construed in with the substantive laws of Finland, excluding its choice of law provisions and principles.
Any dispute, controversy or claim arising out of or in connection with these User Terms, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one. The seat of arbitration shall be Helsinki, Finland.