Travel Liability & Platform Infrastructure
This document sets out the operational and legal relationship between UPCLAY Ltd, the Platform, independent Suppliers and purchasers using the Platform.
Operational and Legal Relationship
This website, the underlying travel marketplace software, and all embedded payment utilities (collectively, the "Platform") are owned, operated, and maintained by UPCLAY Ltd, a private limited company registered in England and Wales under Company Number [Company Number] (hereinafter referred to as the "Platform Provider").
The Platform Provider functions strictly as a technology infrastructure provider and a Payment-as-a-Service (PaaS) intermediary.
The Platform Provider does not own, manage, lease, operate, or control any aircraft, charter flight networks, ground transportation vehicles, tour packages, or any associated travel inventory displayed on or booked through the Platform.
Independent Carrier and Supplier Responsibilities
All flight blocks, private or regional charters, scheduled routes, and custom travel accommodations available for purchase through the Platform are supplied, controlled, and executed entirely by independent third-party operators, airlines, consolidators, and charter carriers (each a "Supplier").
By completing a transaction on this Platform, the purchaser enters into a direct contractual relationship solely with the respective Supplier.
The Supplier retains 100% exclusive operational travel fulfillment, physical safety, carrier regulatory compliance, and service performance liability.
The Supplier is entirely responsible for:
- Operating all flights and travel services in accordance with applicable domestic and international aviation authorities, including the UK Civil Aviation Authority (CAA), the Federal Aviation Administration (FAA), the European Union Aviation Safety Agency (EASA), or equivalent sovereign regulators.
- The issuance of valid Passenger Name Records (PNR), digital or physical boarding passes, and flight manifest logs.
- Adhering to safety protocols, scheduling timelines, baggage parameters, and operational protocols.
Exclusion of Platform Liability
To the maximum extent permitted by applicable law, the Platform Provider, its directors, officers, employees, and software development partners shall not be held liable for any injury, loss, claim, damage, or any extraordinary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, arising out of or in any way connected with:
- Any operational failure, delay, flight cancellation, schedule alteration, missed connection, or structural delay initiated by a Supplier.
- The physical condition, safety compliance, or mechanical operation of any aircraft or transit vehicle deployed by a Supplier.
- Any force majeure events, weather disruptions, labor strikes, geopolitical conflicts, or airspace closures affecting flight paths.
- Any inaccuracy, typographical error, or out-of-date pricing parameter published natively to the Platform interface by a Supplier utilizing the self-service extranet tools.
Merchant of Record and Regulatory Statements
The Platform Provider acts as the primary technology collector and payment coordinator for transactions executed across its payment rails.
However, the Platform Provider operates as a financial and software infrastructure gateway and does not qualify as a traditional tour operator, travel package organizer, or physical ticket issuer.
Transactions initiated through this platform are programmatically restricted from specific regional jurisdictions (including UK domestic markets) to maintain strict compliance configurations.
The Platform Provider explicitly states that its business model operates entirely outside the regulatory scope of the UK CAA Air Travel Organisers’ Licensing (ATOL) framework and the Package Travel and Linked Travel Arrangements Regulations (PTR).
Fulfillment and consumer protection insurance sit explicitly with the underlying licensed carrier performing the travel asset execution.
Refund, Dispute, and Cancellation Enclosures
All inquiries regarding flight updates, specific baggage allowances, operational cancellations, and service performance failures must be routed directly to the designated Supplier via their sandboxed communication portals.
Financial dispute resolutions, multi-currency processing chargebacks, or manual partial cash advance settlements are governed under the separate Platform Refund & Dispute Framework and are structurally isolated from flight execution responsibilities.
This page contains platform and liability information provided for the operation of the UPCLAY platform. The definitive contractual terms applicable to a particular transaction may depend on the relevant Supplier agreement and applicable laws and regulations.