Terms & Conditions
1 – These terms and what they cover
1.1 – These are the terms and conditions (Terms) on which we supply our Products and Services listed on our website www.fit2flytest.com (our Website) to you. Our Products and Services are comprised of Fit2Fly COVID Home Test Kits (Home Test Kits), Results, Fit2Fly Certificates (where there is a negative indicator of the presence of COVID-19) (each a Product) and our testing services (Services)(Products and Services). Our Products and Services come as a package and you cannot order a Product without our Services.
1.2 – Please read these terms carefully and ensure you understand them before you submit your details to us and request Products and Services. These Terms tell you:
1.2.1 – who we are;
1.2.2 – how we will provide Products and Services to you;
1.2.3 – how you and we may change or end the Contract;
1.2.4 – what to do if there is a problem; and
1.2.5 – other important information.
If you think that there is a mistake in these Terms or they require any changes, please contact us to discuss.
1.3 – You must be aged 18 or over to order Products and Services from our Website.
1.5 – By ordering Products and Services from our Website you agree:
1.5.1 – that you are 18 years of age or over;
1.5.2 – that you have the right and authority to share personal data with us about those individuals (Patients) in respect of whom you upload contact information when completing the required fields to order Home Test Kits as part of our checkout process (the Patient Information);
1.5.3 – to carefully follow and ensure any other person carrying out a test follows all instructions provided with Home Test Kits on how to conduct the home test, including, collecting and safely packaging samples for testing;
1.5.4 – the test will be conducted on the individual who is named as the Patient on the Home Test Kit exterior label, being the person who you provided the Patient Information about when placing your Order, and that the test will not be performed on any other individual;
1.5.5 – to be bound by these Terms; and
1.5.6 – that these Terms form the basis of the contract between you and us for the supply of Products and Services.
1.6 – We draw your particular attention to our Privacy Notice, and the following clauses of these Terms:
1.6.1 – Clause 6 (Price and Payment);
1.6.2 – Clause 7 (Delivery of Home Test Kits)
1.6.3 – Clause 8 (Your Testing Responsibilities);
1.6.4 – Clause 10 (Your rights to change your mind and end the Contract);
1.6.5 – Clause 11 (Our rights to end the Contract);
1.6.6 – Clause 14 (Our responsibility for loss or damage suffered by you).
1.7 – You should print out a copy of these Terms for future reference.
1.8 – In these Terms:
1.8.1 – we, us, or our means Fit2Fly Test Ltd, a company registered in England and Wales. Our company registration number is 13050373 and our registered office is at 23g Alderley Park, Macclesfield, Cheshire SK10 4TG;
1.8.2 – you or your means the person whose details are provided and set out in the order to be submitted to our Website.
2 – How to contact us
2.1 – You can contact us by emailing us at email@example.com or writing to us at Fit2Fly Test Ltd 23g Alderley Park, Macclesfield, Cheshire SK10 4TG.
2.2 – If we have to contact you, we will do so by telephone or by writing to you at the email address provided to register your Account.
3 – Our Contract with you
3.1 – Please review and check all the details of your order, including all Patient Information and items in your basket carefully to ensure they are correct and free from any errors before completing the checkout process. By completing the checkout process, you are placing an order with us for Products and Services (your Order).
3.2 – When you place your Order, we will send an acknowledgement to the email address you provided when registering your Account. This acknowledgement does not, however, mean that your Order has been accepted and that we are obliged to supply Products and Services, it is a request for the supply of Products and Services.
3.3 – If we are unable to accept your Order, we will:
3.3.1 – contact you to say that we are unable to accept your Order: and
3.3.2 – not charge you for:
(a) the Products and Services we are unable to accept your Order for (where we are unable to accept part of your Order); or
(b) any of the Products and Services in your Order (where we are unable to accept your entire Order);
3.3.3 – and where a charge has been taken, we will refund the relevant amount taken from your payment method in respect of the Products and Services we are unable to accept your Order for.
3.4 – We may be unable to accept your Order for the following reasons:
3.4.1 – Home Test Kits are out of stock or we do not have the required number to fulfil your Order;
3.4.2 – we do not have sufficient capacity in our Lab to fulfil your Order; or
3.4.3 – we have identified an error in the price or description of the Products and Services.
3.5 – Our acceptance of your Order will take place when we email you to confirm:
3.5.1 – that we accept your Order; and
3.5.2 – what Products and Services we are supplying;
(our Order Confirmation), at which point a contract will come into existence between you and us for the supply of the Products and Services set out in our Order Confirmation only (Contract) and the supply of the Services shall commence. If you think any information in our Order Confirmation is wrong, please contact us immediately by emailing firstname.lastname@example.org to let us know.
3.6 – Your Order number. We will assign an order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the order number whenever you contact us about your Order.
3.7 – Our Website is solely for the promotion of our Products and Services in the UK. Unfortunately, we do not accept orders and cannot dispatch Products or provide Services from addresses outside the UK.
4 – Our Products
4.1 – Products may vary from the pictures on our Website – The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of colours accurately reflects the colour of the Products. Home Test Kits and Fit2Fly Certificates may vary slightly from those images.
4.2 – The packaging of Products may vary from that shown in images on our Website.
5 – Changes to your Order
5.1 – You do not have the right to make changes to your Order – Unfortunately due to the nature of our Products and Services, once you have submitted your Order, you will be unable to make changes to the same, unless it is to correct errors in personal data you provide at the time of placing your Order. This is because as part of our order process you are required to provide all Patient Information for each Patient you are ordering our Products and Services for. Home Test Kits are be produced for each individual Patient and each Patient will be assigned a unique barcode identifier (Patient Identifier) and the Patient Identifier will be used on all patient records created for that Patient as part of our Products and Services.
5.2 – Our rights to make changes – We may change the Product and/or Services:
5.2.1 – to reflect changes in relevant laws, regulatory requirements, testing methods and/or sample collection methods; and/or
5.2.2 – to implement minor technical adjustments and improvements. These changes will not affect your use of our Products and Services.
6 – Price and payment
6.1 – Where to find the price for our Products and Services – The price of our Products and Services (including a hard paper copy of a Fit2Fly Certificate (where this has been selected by you as part of your Order)) will be the price indicated on the order pages when you placed your Order. All prices include VAT and the cost of delivery. We take all reasonable care to ensure that the price of the Product advised to you is correct. However, please see Clause 6.2 for what happens if we discover an error in the price of the Product or Services in your order.
6.2 – Incorrect pricing – It is always possible that, despite our best efforts, some of the Products and Services we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where a Product and/or Services correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid.
6.3 – We accept payment by all major credit and debit cards using our payment gateway provider (payment method).
6.4 – All Products and Services must be paid for upon placing your Order.
7 – Delivery of Home Test Kits
7.1 – The costs of delivery of Home Test Kits to Patients is included in the price of our Products and Services.
7.2 – Where we receive your Order:
7.2.1 – before 3pm, the Home Test Kits within our Order Confirmation will be dispatched for delivery by our designated courier the next day;
7.2.2 – after 3pm, the Home Test Kits within our Order Confirmation will be dispatched for delivery by our designated courier within 48 hours of you placing your Order with us;
provided that we have not notified you that we are unable to accept your Order (see Clause 3.3).
7.3 – You must ensure that someone is at the designated delivery address for the Home Test Kits and is able to take delivery of the same. If no one is available at the delivery address to take delivery of the Home Test Kits, then they may be left with a neighbour or on your doorstep where it is not possible to post these through a letterbox at the delivery address. If none of these options are available, our courier may make one further attempt to re-deliver the Home Test Kit on their next delivery round following which the Home Test Kit will be destroyed and the Contract will come to an end and Clause 11.2 will apply.
7.4 – We will take all reasonable steps to reach the delivery date as set out above or in the Order Confirmation, however, as we use third party providers for the delivery of the Home Test Kits occasionally delivery may be delayed due to factors beyond our control and we cannot be held responsible for this. Please allow extra time for delivery to Ireland and the Scottish Highlands.
7.5 – If we are unable to deliver the Products within the timeframes set out in Clause 7.2, we will deliver the Products as soon as we are able to do so.
7.6 – Your responsibility for the Home Test Kits – Home Test Kits will be your responsibility from the time our designated courier delivers them to the delivery address you provided within your Order. You must ensure that you store Home Test Kits in a safe and secure manner and do not remove items from their packaging until you are ready to complete the sample collection process as set out in our instructions contained within the Home Test Kit (the Sample Collection Process). We are not responsible for any damage caused to Home Test Kits or inability to complete the Sample Collection Process where Home Test Kits have not been stored strictly in accordance with this Clause 7.6.
8 – Your Testing Responsibilities
8.1 – You are responsible for all Patients.
8.2 – You are responsible for and must ensure that:
8.2.1 – all Patients take a COVID test in sufficient time before their intended flight. Sufficient time means enough time to allow the Home Test Kits to be delivered to the Patient, the Sample Collection Process to be completed and the Sample to be collected and returned to us at the Lab, the Sample be tested and the Results provided ahead of the departure date of the flight and that the Results are within any current Government Guidelines in force from time to time as to how many hours prior to a flight the COVID test results must be provided within;
8.2.2 – all Home Test Kits are used strictly in accordance with the instructions contained within the Home Test Kit (Instructions);
8.2.3 – you do not use any Home Test Kit which is broken or has torn packaging;
8.2.4 – saliva or swabs (Samples) are collected in accordance with their Sample Collection Process and are taken from the Patient identified by the Patient Identifier on the forms to be completed in accordance with Clause 8.2.6;
8.2.5 – each Patient’s Sample is put in the designated tube and that tube is labelled using the label provided as part of the Home Test Kit for that Patient. You must therefore check and ensure that the Patient name and Patient Identifier on the label you stick on the tube relate to the individual whose Sample is being placed in the tube;
8.2.6 – you fill in the collection date and time that the Sample was taken on the Patient forms provided with the Home Test Kits and ensure that all information on the Patient forms is complete and accurate and contains the same Patient Identifier for the Patient named on both the form and the label to be affixed to the tube. Please check these carefully before returning the same to us and notify us immediately if there are any errors with the forms or labels and we will let you know what to do next;
8.2.7 – Samples are packed in accordance with the packing Instructions and all tubes are securely fastened. We are not responsible for any damage caused or failure to provide Services in respect of any Samples where they have been incorrectly packed including where tubes have not been securely fastened; and
8.2.8 – Samples are delivered to the Lab in accordance with the delivery Instructions.
8.3 – You agree that failure to:
8.3.1 – use Home Test Kits safely and in accordance with the Instructions may result in personal injury and harm and in the absence of any negligence or other breach of duty by us, the use of Home Test Kit is entirely at your own risk;
8.3.2 – strictly follow the Instructions may result in an incorrect Result due to the poor quality of the Sample provided and we will not be held liable for any such incorrect Result;
8.3.3 – conduct the Home Test Kit on the correct individual will produce misleading or incorrect Result which will be a threat to public health and a failure by you to follow public health and government COVID-19 guidelines in force from time to time.
8.4 – You are responsible for choosing the method to deliver the Samples to the Lab. Whilst we recommend you use our designated courier and drop your Sample off at your nearest drop-off point, you are free to use any other delivery method, however, please note that such methods may result in delay in the Samples reaching our Lab we cannot guarantee that the Samples will be tested in time.
9 – Testing Services and Results and Fit2Fly Certificates
9.1 – Provided a Sample has been packed in accordance with the packing instructions contained in the Home Test Kit, the tube containing the Sample is securely fastened and the Sample has not been damaged in transit, the Sample will be tested by a qualified lab technician at our designated testing facility at Alderley Park, Alderley Edge, Cheshire, SK10 4TG (the Lab).
9.2 – Subject to Clause 9.1:
9.2.1 – where you have chosen our 24-hour express testing Service, the relevant Sample will be tested and the Results provided within 24 hours from the time the Sample is received by the Lab;
9.2.2 – where you have chosen our standard testing Service, the relevant Sample will be tested and the Results provided within 72 hours from the time the Sample is received by the Lab;
however we do not guarantee that any Results will be provided within any Government Guidelines in force from time to time as to when Results must be obtained prior to being permitted to fly.
9.3 – You acknowledge that Samples potentially contain bio-hazardous substances, therefore where a Sample has not been packed in accordance with our packing instructions, including where the tube containing the Sample has not been securely fastened, it cannot and will not be tested by the Lab and will be disposed of accordingly, however, you will not be entitled to a refund of the price paid for the Products and Services.
9.4 – Results of Samples tested will be given either as a positive indicator of the presence of COVID-19 within the Sample or a negative indicator of the presence of COVID-19 within the Sample (Result) (please see further information below regarding results).
9.5 – A Result will be assigned to the Patient Record associated with the Patient Identifier set out on the label fixed to the tube containing the Sample, therefore it is essential that you put the correct label on the tube before returning your Sample to us as any failure by you to ensure all Samples are correctly labelled and relate to the correct Patient and Patient Identifier will lead to incorrect Results being attributed to Patients.
9.6 – We will only issue a Fit2Fly certificate where the Sample produced a negative indicator of the presence of COVID-19 (Fit2Fly Certificate).
9.7 – Results will be sent as a PDF to the email address provided within the Patient Information. Please check, and ensure that all Patients check, their emails regularly and any spam/junk folders as the Results may be sent to a spam/junk folder.
9.8 – Where you have ordered and paid for a hard paper copy of a Fit2Fly Certificate (provided the Result is a negative indicator of the presence of COVID-19 in the Sample) the Fit2Fly Certificate will be sent out in the post, in addition to the email PDF, to the postal address set out in the Patient Information. If the Result provides a positive indicator of the presence of COVID-19, you will not be sent a Fit2Fly Certificate and will not be entitled to a refund of the price paid for the hard copy Fit2Fly Certificate as we have to reserve delivery slots with our courier at the time you place your Order and we will have paid for such delivery irrespective of whether the delivery slot is used on not.
10 – Your rights to change your mind and end the Contract
10.1 – Your rights to end the Contract will depend on whether we have dispatched the Home Testing Kits.
10.2 – Your right to change your mind (Consumer Contracts Regulations 2013) – Due to the nature of our Products and Services, in particular by placing your Order, you are authorising and asking us to start providing the Services which involves making a Home Test Kit to your order, including for the Patients whose Patient Information is provided at the time you place your Order. Home Test Kits cannot be re-used or sent to another person as they are specific to that Patient, therefore, you do not have the right to change your mind.
10.3 – You can only end the Contract for one of the following reasons:
10.3.1 – there is a risk that supply of the Products may be significantly delayed because of events outside our control;
10.3.2 – we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons; or
10.3.3 – you have a legal right to end the Contract because of something we have done wrong.
10.4 – You may end the Contract for one of the reasons under Clause 10.3 by emailing us at email@example.com with your Order number and delivery address.
10.5 – How we will refund you – If you are ending the Contract for one of the reasons under Clause 10.3, we will refund you the price you paid for the Products and Services, by the method you used for payment. We will make any refunds due to you as soon as possible.
11 – Our rights to end the Contract
11.1 – We may end the Contract at any time by writing to you if:
11.1.1 – you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;
11.1.2 – you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products and Services; or
11.1.3 – you do not, within a reasonable time, allow us to deliver the Home Test Kits to you.
11.2 – If we end the Contract in the situations set out in Clause 11.1 we will refund any money you have paid in advance for Products and Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract, which includes an administration cost of £30 to cover bank charges, refunds and delivery costs.
11.3 – We reserve the right to refuse to process a Sample returned to us for testing if such Sample is not received within 6 months of the date of dispatch, as set out in the Order Confirmation.
12 – We may suspend Products and Services
12.1 – We may have to suspend the supply of Products and Services:
12.1.1 – to deal with technical problems or make minor technical changes;
12.1.2 – to update the Product and Services to reflect changes in relevant laws, regulatory requirements, testing methods and/or sample collection methods;
12.1.3 – in the event that you do not pay us for the Products and Services when you are supposed to and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice. We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments.
12.2 – We may withdraw the Products and Services- We may write to you to let you know that we are going to stop providing the Products and Services. We will let you know at least 7 days in advance of our stopping the supply of the Products and Services and will refund any sums you have paid in advance for Products and Services which will not be provided.
13 – If there is a problem with the Home Test Kits
13.1 – We are under a legal duty to supply Products and Services that are in conformity with the Contract.
13.2 – If you have any questions or complaints about the Products and Services, please contact us by emailing firstname.lastname@example.org.
13.3 – If a Home Test Kit is delivered damaged please contact us immediately by emailing email@example.com and we will arrange for a replacement Home Test Kit to be provided to you. As the Lab operates in a sterile environment to minimise the risk of cross-contamination and/or spreading of COVID-19 (or other viruses or bacteria), we are unable to accept returns of any of our Products (other than Samples delivered to us in accordance with Clause 8), as this poses a biological hazard, therefore you are responsible for destroying the Home Test Kit in a safe and secure manner.
13.4 – If a Sample is delivered to the Lab and it has been damaged whilst in transit with our designated courier, we will contact you and arrange for a replacement Home Test Kit to be delivered to you. We will not be responsible for any damage to a Sample in transit where it has not been packed correctly by you or is otherwise damaged in transit where you have not used our designated courier.
14 – Our responsibility for loss or damage suffered by you
14.1 – If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 – We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
14.2.1 – death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
14.2.2 – fraud or fraudulent misrepresentation;
14.2.3 – breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and
14.2.4 – defective Products or Services under the Consumer Protection Act 1987.
14.3 – We only supply the Products and Services for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Any such commercial, business or re-sale usage is strictly prohibited.
14.4 – We cannot guarantee that the tests performed as part of our Services will be 100% accurate due to the nature of the test being performed or that Fit2Fly Certificates will be valid and you will be accepted to fly by a particular airline. Results are only an indicator of a snapshot in time and due to the nature of CVOID-19 being a highly infectious virus which can be contracted at any time when in the presence of other individuals carrying the virus, there will always be a risk that you may come into contact with the virus after the point at which the Sample is taken. We recommend that you, and your traveling party, isolate from the point of providing your Sample to minimise the risk of infection after the point of taking your Sample, but you acknowledge that this will not guarantee you won’t otherwise come into contact with the virus.
14.5 – We provide an at home COVID-19 test service not medical advice. Our Products and Services are not delivered by a medical professional, therefore you are responsible for following public health and government guidance should you receive a positive indicator of the presence of COVID-19 within the Sample or display symptoms following a negative indicator of the presence of COVID-19 in the Sample, including obtaining a COVID-19 test provided by the NHS, or other relevant medical body, and following isolation guidance in force from time to time and you should not proceed with your travel plans.
14.6 – We are not responsible for any losses or costs incurred by you or others which arise out of or in connection with:
14.6.1 – any failure by you to comply with your obligations under the Contract:
14.6.2 – any failure to use the Home Test Kits strictly in accordance with Clause 8 including where an incorrect Result is produced, or an incorrect Fit2Fly Certificate is issued as a result of such failure;
14.6.3 – rearranging or cancelling travel plans or any refusal by an airline to allow you to travel.
15 – How we may use personal information
16 – Other parties who may perform the Contract
16.1 – You agree that we may instruct other persons, companies or firms to carry out our obligations under the Contract on our behalf, including the testing services, which will be completed by our sister company EM Analytical Limited which is ISO and UKAS accredited (and under common ownership of Fit2Fly Test Ltd), and where we appoint persons, companies or firms to procure or arrange delivery of the Products to you. You may refer to their terms and conditions for further details and information as regards their services.
17 – Other important terms
17.1 – We may transfer our rights and obligations under these Terms to another organisation. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
17.2 – The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.3 – When we use the words writing or written in these Terms, this includes emails and notices posted on our Website.
17.4 – Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
17.5 – If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
18 – Which laws apply to this contact and where you may bring legal proceedings
18.1 – These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.