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Before using this Website, we ask you to carefully read the terms and conditions set forth in the Terms of Service (hereinafter referred to as the “Terms”). These Terms contain important information in respect of the Website use, as well as significant information and warnings about service provision you may receive using this Website. You are required to acquaint yourself with these Terms prior to proceeding with use of the Website.
Each time you visit the Website, a unique user ID will be assigned to you (made for your convenience in the lower part of the Website), which you may use when communicating with the Customer Care Service.
If you have further questions about the use of this Website or our services, do not hesitate to contact the Customer Care Service:
Tel: +23414408390 in English: 24/7, in German: Mon–Fri, from 8.00 a.m. to midnight
, a legal entity with its registered office at: Jõe Street 3-302, Tallinn, Estonia, 10151, registry code: 14038986, taxpayer
identification number: EE102036927, information on licenses and certificates is available at the following
, operating the Website in order to allow Customers Booking travel services as an agent/retailer (Vermittler), while we do not provide travel services ourselves.
2.2. “You”, “Customer”, ”User”, ”Purchaser”, ”Passenger” is a natural person, who uses the Website and/or creates the Booking in accordance with the terms and conditions defined in these Terms, as well as is a party to these Terms and / or Service provision agreement concluded with the respective Service Provider / Carrier. The User may also be a Purchaser and a Passenger/Customer.
2.3. “Website” is a publicly available website operated by the Agency located on the Internet at the following address:
https://kissandfly.ng/, with all pages, subdomains, as well as subdomain websites of the Website Services: https://kissandfly.ng/, and software by means of which the following are provided: (i) display of information for Users about travel and leisure Services and other Agency Services; (ii) provision of technical possibility to create the Booking through the Booking System available on this Website, pursuant to the Terms.
2.4. “Acceptance of the Terms” is a response of a Website User about the acceptance of these Terms by performing the following:
- as to the Terms of Use of the Website and Service provisions by continue using this Website (access or reaccess the Website), and/or
- as to a registration on the Website or Booking by registration on the Website though the User's click on a separate checkbox, and/or
- creation of the Booking or order of the Agency Services though the User's click on a separate checkbox.
In case of a registration on the Website or Booking, Acceptance of the Terms is a full and unconditional acceptance by the User, of the terms and conditions defined in these Terms. The Acceptance of the Terms creates legal consequences for the parties according to the terms and conditions defined in these Terms. In case of continued use, request to Customer Care Service, feedback on the Website or message to the Agency as set out above, the Acceptance of the Terms relates to those terms and conditions governing these aspects, only.
2.5. “Order”, ”Booking” is a request for the services made by the Customer on the Website on their own, that assigns the chosen Service to a particular natural person, and which is confirmed and accepted by the Agency. Any Order / Booking will be deemed accepted by the Agency only after the confirmation of payment by the Customer for the Service, and confirmation from the Service Provider / Carrier has been received by the Agency and the proper confirmation has been sent by the Agency to the Customer. The Booking may provide for an advance payment or full payment at the moment of its placement, or payment within the designated term after its confirmation. The unpaid Booking means that it is reserved for a definite period of time and within this period may be sold only to the Customer who has created it based on the terms and conditions of these Terms. The unpaid Booking is cancelled after the expiration date, which has been designated for its payment. The status of the Booking is determined and displayed in the “My Account” section on the Website.
2.6. “Website Services” are the Services available on the Website for ordering.
2.7. “Service” is a range of actions provided for the Customer by the Service Provider / Carrier upon payment. The volume of the Service and the beginning of its provision are chosen by the Customer on their own when creating the Booking of the options offered on the Website. Pursuant to the terms and conditions of these Terms, the Service Provider / Carriers are not obliged to provide the Customers with any other services except for those that have been specified in the Booking. The Services and Agency Services may be used collectively or separately as the “services” in these Terms.
2.8. “Agency Services” is a range of actions covering the main services provided directly by the Agency to Customers, Users, Purchasers and/or Passengers and includes but is not limited to as follows:
- display of information for Users about travel, leisure and other services;
- provision of technical capability to create the Booking through the Booking System available on this Website, pursuant to the terms and conditions of these Terms;
- provision of other additional options when purchasing the Services or at the stage of void/change/refund of the Booking (post-sale support);
- rendering additional consulting support to You regarding managing and processing Your requests.
The Customer is informed about the scope and price of the Agency Services before placing the Booking or its void/change/refund. However, the fees for the Agency Services may also be included in the price of the Services.
2.9. “Electronic ticket/itinerary receipt”, ”electronic voucher”, “insurance policy”, “ticket”, “flight ticket” is an electronic digital document/ticket form which:
- is stored in the booking system of the Service Provider / Carrier or in the global distribution system;
- contains a full set of data about the Service;
- depending on the chosen service, may display identification data of the seller, Agency, Service Provider / Carrier, Purchaser, and Passengers;
- confirms the purchase of the Service or its Booking;
- confirms the right of the persons specified in the document to use the Service;
- obliges the Service Provider / Carrier to provide the Service.
Such electronic digital document is formed by the Agency or directly by the Service Provider / Carrier, and is sent to the Customer’s email address in the form of an electronic document/ticket form, and, generally, it is available in the “My Account” section on the Website.
2.10. “Booking System” is an information system containing data on the full list of the Services available for Booking and purchasing on the Website (including the following: flight schedule, carriage rules, categories and characteristics of vehicles (for carriage services), data on types of vehicles, availability of seats, fares of the Carriers / Service Providers, rules of their application).
Information in the Booking System is located on the Website in the manner as it is presented in global distribution system (GDS), booking systems of the direct Service Providers / Carriers or by their authorised representatives. Information in the Booking System may be at any time amended or supplemented, hence the Customer is advised to use the Booking System on an “as is and as available” basis.
2.11. “My Account” section” is a closed area of the Website, which is accessible only to the Users who have got registered / logged in, and includes the following subsections:
- “My Reservations” contains information on all created Orders on the Website;
- “Purchaser Information” is a mechanism intended to store and edit the data of the Purchaser;
- “Passenger Information” is a mechanism intended to store and edit the data of the Passengers / Customers;
- “My Bonuses” includes information on the current balance and the history of accrued bonuses if the rules of the Bonus Program are activated and available on the Website;
- “Account Settings” is a mechanism intended to change the User’s personal data, including the password for logging into the “My Account” section.
2.12. “Carrier” is a company (legal entity or the private entrepreneur) that is a direct seller of the Service or directly provides the Service for carriage of passengers, chosen and/or paid by means of the Booking System on the Website, which operates according to the terms and conditions of partnership / agency / subagency and other agreements concluded with the Agency.
2.13. “Service Provider” is a company (legal entity or the private entrepreneur) that is a direct seller of the Service or directly provides travel, leisure and other Services available on the Website, or which operates as an intermediary in respect of the provision of the Services pursuant to the terms and conditions of partnership / agency / subagency and other agreements concluded with the Agency.
2.14. ”Low-Cost Carrier”, ”low-cost airline”. The Service Provision Rules / Fare Rules and ticket sales are governed by special conditions of such Low-Cost Carriers. As a rule, the low price of flight tickets of such Low-Cost Carriers is caused by the lack of additional services offered to passengers by the full service airlines. These additional services are usually offered to the passengers for an additional fee. As a rule, the flight tickets purchased from Low-Cost Carriers, are usually non-refundable.
2.15. “Service Provision Rules” or “Fare Rules” are the terms and conditions of the Service Providers / Carriers according to which booking, purchase, use, cancellation, void, change or refund for the relevant Service are made, and which shall be required to be read, agreed upon and fulfiled by the Users. The Service Provision Rules / Fare Rules are established by the Service Providers / Carriers in accordance with their commercial terms and conditions, the applicable legislation and international rules which may be applied to such type of the Services.
2.16. “Payment System” is a payment organization, payment system participants and a set of relations arising between them when transferring funds from the Purchasers to the account of the Agency / Service Providers / Carriers, for the services available for purchase on the Website.
“Payment Infrastructure Services Operator” is a clearing processing institution and other entities authorised to provide specific types of services in the payment system or perform operational, informational and other technological functions in respect of the transfer of funds of the Purchaser to the account of the Agency / Service Providers / Carriers for the services purchased on the Website, which own the necessary licenses and permits for transferring funds and operate pursuant to the agreement concluded with the Agency / Service Providers / Carriers.
2.17. “Agency Office Hours” are office hours of the Agency: 9.00 am - 6.00 pm, except for Saturday and Sunday, as well as public holidays in Austria.
3. GENERAL TERMS AND CONDITIONS OF THE TERMS OF SERVICE
3.1. Subject matter of the Terms. The subject of these Terms is the provision of services for booking, formalization and sale of Services by the Agency and the provision of the Agency Services with technical capabilities of the
Website based on the terms and conditions defined hereunder.
3.2. These Terms and other regulations. On the Website and in the Booking process, you are provided with these Terms, the
IATA Agreement, the Agency's Privacy Policy as well as the Service Provision Rules/Fare Rules (depending on the respective Service). In the Booking process, you are asked to accept these Terms as well as the mentioned regulations provided to you by clicking the respective checkboxes that include a link to the full text of these Terms and the respective regulations before you place your Booking.
Section FAQ (frequently asked questions) contains general information, shall be used as a general guidance for the website use and best practices regarding purchasing flight tickets, etc. Please double check the information in the FAQ section with the Customer Care Service or the Carrier / Service Provider.
3.3. Acceptance of the Terms. If you (i) register on the Website, and/or (ii) place the Booking or order the Agency Services, you are invited to click a respective checkbox indicating a direct link to these Terms in order to have:
3.3.1. accepted the terms and conditions defined in these Terms entirely, unconditionally, and without any changes, namely made Acceptance of the Terms; and
3.3.2. confirmed that you have got acquainted with the terms and conditions of these Terms and have agreed to act strictly on the basis of these Terms when using the Website and placing Bookings, and in case of violations of these Terms, agreed that the Agency has the right to take all necessary measures to eliminate violations and protect its infringed rights in accordance with these Terms and the provisions of the applicable law; and
3.3.3. agreed on collection and processing of your personal data according to the terms and conditions of personal data protection (privacy policy), which are available at the following
link; and
3.3.4. given your consent to the Agency to act in your name and on your behalf as your representative in order to process the Booking in the extent that is necessary for the performance of the Agency services.
3.3.5. accepted that the Service Provider / Carrier or Agency (its partners or affiliates) may debit the agreed amounts for the Booking from your account according to the payment method agreed with you in the Booking process.
3.4. Amendment to these Terms. The Agency may, at in its sole discretion, from time to time make amendments to these Terms with effect for your future Bookings. The Agency will publish amendments on this Website having specified the date of the recent edition of these Terms. The Agency is not obliged to notify you of the amendments to the Terms, but only publish the amended Terms on this Website. The amendments shall take effect as of the date of their publication. You shall check for the updates of the Terms and their latest version of the Terms by yourself on a regular basis. If you do not accept the modified terms of the Terms, you shall stop using the Website.
3.5. Language of the Terms and Language of the Website. The main language of the Website and the Terms is the English language, which shall prevail over the other editions available on the Website. Information on the Website and these Terms is translated into English for information purposes and for your convenience and information only.
The Service Provision Rules / Fare Rules, which are available on the Website at the stage of Booking placement, can be provided in English, available with automatic translation into another language chosen by you. When placing the Booking, you agree to such terms and conditions in respect of presentation of information on the Service Provision Rules / Fare Rules and shall get acquainted with them on your own and receive advice on their terms and conditions and correctness of the translation into the language chosen by you before placing the Booking. If you have any questions regarding the terms and conditions laid down in the Service Provision Rules / Fare Rules, please contact the Customer Care Service. Within the Booking process, you accept the presented Service Provision Rules / Fare Rules by clicking the respective checkbox.
Agency is not a travel operator and shall not be responsible for the cross-compatibility of different Services chosen by the Customer in one Booking.
If you have any questions about the information provided on the Website and in the Terms, please contact our Customer Care Service.
3.6. Preconditions of the Provision of the Services and Agency Services. The Agency as mere travel agent/retailer provides Booking of the Services on the Website pursuant to the terms and conditions of partnership, agency, subagency and other agreements concluded with the Service Providers / Carriers. When placing the Booking on the Website, you thus enter into direct contractual relationships with the Service Providers / Carriers. Hence, the Agency shall act only as an intermediary between you and the respective Service Providers / Carriers. The Agency shall transmit only the details of your Booking and shall not be a provider, organizer or joint provider/organizer of the ordered Services. The Agency cannot influence the terms and conditions in respect of the provision of the Services by their direct suppliers and shall not be liable if they violate the terms and conditions of the provision of the Services. The Service Providers / Carriers that provide travel, leisure and other Services, which are available on the Website, are independent contractors and are not dependent agents or employees of the Agency. The direct Carrier / Service Provider shall be fully responsible for the provision of the Services for the Passenger/Customers.
The Agency Services shall be provided pursuant to the terms and conditions of the Agency as defined in the Terms and create legal relations directly between you and the Agency.
4. RULES AND TERMS OF USE OF THE WEBSITE AND SERVICE PROVISION
4.1. Rules and Precautions in Respect of the Website Use. If you continue using this Website you agree to the following mandatory rules and precautions in respect of the Website use:
4.1.1. You are a natural person who is at least 18 (eighteen) years old, have full legal capacity and capability to enter into a contractual relationship with the Agency / Service Providers / Carriers and third parties under these Terms.
4.1.2. You shall use the Website only in accordance with the Terms and the effective and applicable laws.
4.1.3. You shall place the Booking and use the Services under the Service Provision Rules / Fare Rules of the Service Providers / Carriers you have selected and accepted. Further, you shall order and use the Agency Services based on these Terms.
4.1.4. You agree and acknowledge that any information on the Website, Website Services and Booking System is provided to you on an "as is and as available" basis and shall not be treated as encouragement to act or explicit recommendation or preference for one of the Service Providers / Carriers. You shall use this information and the technical capabilities of the Website at your own risk and without any guarantees from the Agency. You are deemed to have agreed that you make choices of the services self-consciously and are responsible for all your actions and omissions based on the information on this Website, Booking System and/or provided by the Agency.
4.1.5. Your Data. You agree that all information provided by you on this Website, including the information specified when registering, is true, accurate, actual and complete. You shall update your contact and personal information listed in the "My Account" section timely, check for their accuracy and relevance. You acknowledge that all information about the Passengers you have specified when creating the Booking is reliable, accurate, current and complete. You shall check whether the changed data, if it differs from the data in the “My Account" section, is saved (update the browser page of the Website) before placing the Booking and its payment. You are fully and solely responsible for the information transmitted by you in the Booking System to create and pay for the Booking. The information that you provide for the order of Services / Agency Services, including personal and other data of the Purchaser/Customer are entered by yourself, and therefore you agree that the Agency is not liable for any data incorrectly specified in the Booking by you (for example, an error in the passport data in electronic digital document / ticket form).
4.1.6. Feedbacks. By providing your feedback to the Agency, leaving comments/feedbacks on the Website or sending comments/feedbacks to the Agency, you entitle the Agency to make such comments/feedbacks (including your user name and potential personal data within such comments) publicly available on the Website to inform others about your opinion on the Service used. You shall be fully and solely responsible for posting comments/feedback and shall not specify there: your personal data or personal data of third parties; profanity or information that violates public order or the rights of third parties; information obtained in violation of intellectual property rights or illegally obtained; advertising and marketing materials of third parties, calls for participation in loyalty programs and other incentives. Posting (publishing) of comments/feedbacks is performed at the Agency’s in its sole discretion. Further, the Agency may delete your comments/feedbacks in justified cases where the Agency assumes a violation of third party's rights, defamatory or inappropriate content or a breach of these Terms.
4.1.7. Electronic Means of Communication. Email will be the main source of communication between you and the Agency as well as between you and the Service Provider. Further, the Agency or the respective Service Provider might contact you via phone at the telephone number indicated by you in case this is required for rendering the agreed Services / Agency Services. In addition, you will be contacted by the Agency via sms message at the telephone number indicated by you in case you ordered the Agency's sms notification service.
To properly create the Booking and receive the Services or Agency Services, you need to enter a valid (correct) email address and a valid (correct) phone number and you shall be entirely and solely liable for entering such data. The Agency does not and is not able to check the accuracy and correctness of the email address and mobile phone number provided by you or configuration of your email service (e.g. spam filters). Thus, the Agency shall not be responsible for your save receipt of the sent emails, sms notifications and calls (e.g. due to misspelled contact details or spam filters).However, this clause does not limit the Agency's liability for gross negligence and wilful misconduct.
Changes and corrections of your email address or mobile phone number can be done by yourself in the "My Account" section on the Website or via email to the Customer Care Service.
4.1.8. You may send your questions, comments, suggestions, feedback, and complaints to the Agency through all available means of information support of the Website. The Agency makes every effort to answer you as soon as possible, but in any event, no later than 30 (thirty) calendar days of the receipt of the request.
4.1.9. Actions on Behalf of Third Parties. You shall use this Website and the services available through the Website only for yourself or other persons on whose behalf you have the legal right to act and assume the respective rights and obligations. You hereby acknowledge that such other persons have authorised you and you have the legal right on their behalf to select and buy the Services / Agency Services, as well as consent to collect and process their personal data necessary for Booking and use of services.
You shall promptly and entirely inform such persons of the terms and conditions of these Terms and precautions specified therein, including all the Service Provision Rules / Fare Rules and restrictions that may be applicable to them in respect of ordering, purchase and use of the selected services before Booking placement. Responsibility for the consequences of a failure to notify, as well as for the actions of such natural persons, caused by such failure to notify, rests solely with the Purchaser.
Before placing the Booking in the name and on behalf of such natural persons, you shall inform them that they are not a party to the agreement between you and the Agency according to these Terms and shall not be entitled to submit to the Agency any financial, legal and other claims regarding ordered services via this Website.
Such persons shall be informed by the Purchaser and give their entire and unconditional consent to the following: all communication regarding the ordered services will take place through your "My Account" section and your email / mobile phone number. You shall promptly and entirely notify persons on whose behalf you act, of any changes to/ cancellations of the ordered services and any information about the ordered services you have received via email or sms message or in any other agreed means of communication. Responsibility for the consequences of a failure to notify, as well as for the actions of such natural persons, caused by such failure to notify, rests solely with the Purchaser.
4.1.10. Security of the "My Account" Section. If you have registered on the Website and have received access to the "My Account" section, you shall protect information on your registration data, including login details and password (received via email or sms messages), control it, take all measures necessary to prevent unauthorised access by third parties and be fully liable for any use of the "My Account" section by you and/or by any other person. If you have suspicions about possible unauthorised access by third parties to your section "My Account", you shall immediately inform the Customer Care Service of the Website
4.1.11. Agreement Concluded with the Service Provider / Carrier. You agree that all agreements for services provided by the Service Provider / Carrier are concluded directly between you and the respective Service Providers / Carriers. You agree and are fully aware that under no circumstances the Agency is deemed a party to such an agreement concluded between you and the Service Provider / Carrier. If you do not agree to the Service Provision Rules / Fare Rules and terms and conditions of such agreements with the Service Providers / Carriers as presented to you in the Booking process, you shall not place a Booking. Accepting the mentioned terms and conditions, you shall be entirely and solely liable for compliance with the Service Provision Rules / Fare Rules of the chosen Service Provider / Carrier and shall undertake, including, but not limited to, the following: to fulfil (i) the provisions and terms of purchase of the Services, (ii) payment of the necessary fees in full and within the defined terms and according to the established fares, taxes, charges, rules and restrictions of the Service Provider / Carrier, (iii) the terms and conditions of void / change / refund of the ordered services. By placing your Booking, you confirm that you have read and unconditionally agreed to the terms of the Service Provider / Carrier as presented to you on the Website. The Acceptance of these Terms does not replace the acceptance of the terms of service of the Service Provider / Carrier.
4.1.12. Agency Services and Offers. By placing your Booking, you agree and authorise the Agency to process the provided information about the placed Bookings on the Website as well as your contact information indicated on the Website (name, e-mail address, phone number]) in order to send you messages about special offers, promotions and ancillary services available on the Website; offer you paid or free of charge Agency Services, such as the notification of flight delay or cancellation in the form of an sms; service of search of railway tickets after their appearance on sale; recommendation service in respect of the choice of hotel when searching for flight tickets; insurance and other services. Depending on the stage of the Booking placement, where the Agency Service is offered, its price is either included in the total price of the Booking, or is proposed to be paid separately. By ordering the Agency Service, you shall be fully and solely liable for compliance with the terms and conditions in respect of the provision of the Agency Services and undertake, including, but not limited to, the following: to fulfil (i) the agreed terms and conditions of the Agency Services purchase, (ii) payment of all necessary fees in due time and in accordance with the established fares, rules and restrictions set by the Agency.
4.1.13. Correction of Errors. The Agency reserves the right to correct any obvious errors (including those in financial information) on the Website and in the placed Bookings (paid or unpaid). If in your Booking the price of the Services has been indicated with an obvious error, you will be offered (if possible): (i) to change the Booking by correcting the wrong price, or (ii) cancel the Booking without imposition of any fees or penalties.
4.1.14. Illegal and Fraudulent Activities. You shall not use any software intended to damage the infrastructure of the Website, disrupt its timely and correct functioning; violate restrictions in respect of any HTTP-header, attempt to intercept any data and personal information processed by the Website; decompile, disassemble the data on the Website; perform actions that cause excessive load on the infrastructure of the Website, monitoring, automated extraction of information or making a copy of any data and information from this Website, create "frame", "mirror" or otherwise interfere with the operation of the Website by any means and for any purpose whatsoever.
You acknowledge and agree that the terms of use of the Website prohibit creating multiple accounts at a time, misrepresenting personal information, imitating any person, creating fictitious Bookings, etc. Any fraud (fraud attempts) regarding the use of the Website, as well as the payment by the bankcards on the Website are investigated and the person in fault are brought to justice according to the local and international legislation. Fraud (or its attempts) in Booking placement or purchasing the services on the Website may lead to problems in obtaining visas and with the flight check-in or other use of the Services.
4.1.15. Maintenance works and restricted Access to the Website. The Agency may conduct maintenance works on this Website and may carry out scheduled and unscheduled technical and preventive operations. This might result in a temporary unavailability of the Website. The Agency will inform the User upfront via the Website about any upcoming unavailability and its expected duration if possible in the specific case. Further, the Agency may block the User's access to the Website in case of a breach of these Terms by the User.
4.2. Rules and Precautions in respect of the Services Booking
4.2.1. Compliance with these Terms and the agreed Fare Rules/Service Provision Rules. Any material breach of the agreed terms and conditions (especially these Terms and the Service Provision Rules / Fare Rules) caused by your negligent or intentional misconduct may result in cancellation of the Booking or denial of access to the acquired Services / Agency Services in accordance with these Terms and the agreed Service Provision Rules / Fare Rules.
Through ticking the check box (opt-in) on the Website before Booking placement, you confirm that you got acquainted and agree with these Terms.
4.2.2. Choosing the Services. All stages of Booking placement may be summarized as follows: the choice of the volume and type of the services, choice of routes and dates, choice of flights, accommodations, entry of Passenger data (Passengers data on whose behalf the Booking is placed) and Purchaser data, choice of payment methods in the sole discretion of the Purchaser. The information specified by the Purchaser when placing the Booking is automatically recorded in the Booking System, global distribution system /GDS) and/or internal booking system of the Service Provider / Carrier for further confirmation of the Booking and provision of services.
4.2.3. Changing the Service Provision Terms and Conditions. The Agency will inform the Users about a change of the Service Provider's / Carrier's Service Provision Rules / Fare Rules, volume and range of the agreed services or the inability of the Service Provider / Carrier to perform the service paid fully or partially by sending you an email or sms at a mobile phone number, only if the Agency has obtained such information from the Service Providers / Carriers. This is a mere information service by the Agency.
4.2.4. Beginning of Using the Services. The Passengers / Customers shall come to the place of provision of Services defined by the Service Provider / Carrier in time. The Passengers / Customers shall be solely responsible for no-show or arriving late in the place of provision of the Services or the inability to use the Service due to non-compliance with these Terms or the Service Provision Rules / Fare Rules. This provision does not limit the consumer's statutory warranty rights.
4.2.5. Adherence to Customs and Border Formalities and Duly Completed Documents for the Services Use. The Purchaser and Passengers are responsible for the following: preparation, availability and correct issuance of visas, as well as documents required for crossing the border of countries of departure, transit (even if the Passengers do not leave the airport or plane) and the country of arrival; timely providing the Agency with their passport data, visa information and data on the place of stay of the Passengers in the country of arrival needed for entering in the Booking, if it is required by the Carrier / Service Provider. The Agency will provide the Purchaser with general information on passport and visa requirements and the expectable periods for obtaining them as well as information on required health formalities before the Booking is placed.
Passengers shall be solely liable for the validity of passports, exit permits for minors and other documents required for crossing the border and for the accuracy of the information contained in these documents. The Passenger is obliged to obtain the necessary information about the deportation at the consulate of the respective country and be informed that the deportation of the Passenger owning invalid entry or exit travel documents is carried out at the expense of the Passenger with or without penalties.
4.2.6. Means of Technical Support of the Website and Information Support of the Services.
Tel: +43 7208 80 378 in English: 24/7, in German: Mon–Fri, from 8.00 a.m. to midnight (according to operators’ tariffs)
Email:
[email protected]
If you contact the Agency in any other way than the one specified in this article of the Terms, your request may not be accepted. The Customer Care Service will especially not handle letters sent by you to the following email address:
[email protected], including letters sent in response to a letter sent by the Agency from the mentioned address.
Contacting the Customer Care Service for information on the Booking and/or issues relating to access to the "My Account" section may require authorisation / Customer identification. The list of questions and information required for the authorisation of the Customer Service shall be defined and changed solely by the Agency and at any time. Passengers on whose name the Booking was placed shall be notified by the Purchaser that, for their authorisation the Customer Care Service may require information available only to persons who placed the Booking through the "My Account" section. The Agency is not responsible and does not compensate for any expenses caused for failure to comply with the authorisation process by the Customer Care Service. This provision does not limit the consumer's statutory warranty rights.
5. REGISTRATION ON THE WEBSITE
5.1. In order to use all services of the Website, you have to register on the Website and obtain access to the "My Account" section. When registering you shall especially provide the following data:
- Email address (which will be used as a login after the registration);
- first and last name;
- contact mobile phone number;
- access password.
5.2. Access Password. A password is automatically generated and sent to you via email after registration. You can change the password in the "My Account" section. If necessary, you may use "reset password" on the Website. You shall use a strong password to access in the "My Account" section and shall not share it with third parties.
5.3. Methods of Registration. There are three options to register on the Website and obtain access to the "My Account" section:
- Full registration through the registration form on the Website.
- Express registration on the Website using social media profile, while further provision of necessary data for ordering the services is required.
- Automatic registration on the Website and getting access to the "My Account" section after the first Booking. In this case, data of the first Passenger will be used to create the “My Account” section.
5.4. You have the right to freely and at any time use access to your Bookings and personal information defined on the Website in the "My Account" section using your email address (login) and password received via email after registration. You can also log into the "My Account" section by logging in via sms message that will be sent at your mobile phone number.
5.5. When registering on the Website, you will be further asked to agree to the terms and conditions of these Terms. If you do not agree to these terms, please do not use the Website and leave it immediately.
6. GENERAL RULES: BOOKING, PURCHASE. PAYMENT ORDER
6.1. General Rules. Booking
6.1.1. For placement of the Bookings on the Website, the Purchaser shall provide their personal data and the personal data of Passengers/Customers if needed for Booking the selected Service, especially:
- last name, first name, paternal name (if specified in the ID card and if required for the receipt of the selected Service);
- details of the ID cards (e.g., the number and series of the passport);
- birthdate;
- information on gender;
- information on citizenship;
- other data necessary for ordering and use of the Services.
6.1.2. In case the personal data specified in the Booking does not correspond with the data specified in the Passenger's / Customer's ID card or is defined in the wrong order (i.e. the name and the last name disorder), the Passenger/Customer might not be entitled to receive the Services. This provision does not limit the consumer's statutory warranty rights.
6.1.3. When placing the Booking, you shall fill in all the fields that are marked in the Booking System as "required" to be filled in. The Bookings placed by you (the completion of all stages of the Booking process on the Website) is automatically processed by the Booking System on the Website. All the Bookings are available for viewing in the "My Account" section.
6.1.4. When you place the Booking, the Booking System may offer you additional services of the Carriers / Service Providers and / or Agency Additional Services (for example, insurance of baggage for flight time, or sms notification, etc.).
6.1.5. Changing Data in Booking. Please note that the change of personal data of you or any of the Passengers in the ticketed Booking (including error correction), change of the itinerary or travel dates may be the ground for a ticket change and issuance of new ticket under the accepted Fare Rules and new Booking cost according to the agreed Service Provider's / Carrier's terms. When the Purchaser himself requests changes to the already placed Booking, the Purchaser shall bear the specific costs (Agency Service Fee and/or the Service Provider's/Carrier's fees) for changing the Booking (e.g. ticket cancellation / change / refund) as agreed in the booking process and the Fare Rules. Thus, please be attentive when filling in all data in the Booking. The Agency makes every effort to verify the information you enter in the Booking but is not and shall not be responsible for your incorrect, incomplete or inaccurate completion of personal and other data of the Passengers / Customers and the associated losses.
6.1.6. Cancellation of Unpaid/Paid Bookings. The deadlines of the Booking payment are defined by the Service Providers / Carrier and the Agency cannot influence on the change of the deadline for payment for the Services and shall not be responsible for the cancellation of such Bookings.
Your Booking that has not been accepted yet will be automatically cancelled in the Booking System without paying a penalty in the following cases: (i) if until you have passed all the steps of the Booking, services have been cancelled (sold out) by the Carrier / Service Provider (for example, all tickets were sold out to third persons using the third-party services, or directly by the Carrier); (ii) if until you entered the unique code for confirmation of payment, services were cancelled (sold out) by the Carrier / Service Provider; (iii) if within the specified period, you did not pay / confirm payment for the Booking.
6.1.7. Order Confirmation. All Bookings and their status are available for review in the "My Account" section. We recommend updating the browser page to get the latest information on the status of your Booking after each chosen and completed action on the Website.
After the processing of your Booking by the Booking System, a receipt notification including an indication of its status will be sent via email and/or mobile phone number from the Agency / Service Provider / Carrier.
The services by the Agency are provided properly and in full (i) after displaying information about the paid Booking or confirmed Booking in the "My Account" section on the Website, and provision of the opportunity to download the electronic digital document / ticket form of the paid Booking or confirmed Booking (e.g., e-ticket/itinerary receipt, electronic voucher, insurance policy, ticket form), and (ii) sending the appropriate confirmation and/or electronic digital document / ticket form of the paid Booking or confirmed Booking (e.g., e-ticket/itinerary receipt, electronic voucher, insurance policy, ticket form) to the email or at the mobile phone number of the Customer. The confirmation of time when the electronic digital document is sent shall be deemed the time when the Agency can not cancel its sending.
6.1.8. Electronic digital document / ticket form for the selected type of the Services is sent to the Purchaser's email address specified when placing the Booking, or provided in another defined way. Electronic digital document for the selected type of the Services (e.g., electronic document/itinerary receipt, electronic voucher, insurance policy, ticket, ticket form), confirms the purchase of the Service or its Booking, as well as confirms the right of the person specified in the document to use the Service from the chosen Service Provider / Carrier (e.g., make a trip). The Agency has no obligations to send any electronic digital documents before the receipt of full payment from the Purchaser.
Please note that some of the digital electronic documents/ ticket forms shall be exchanged for the tickets directly at the box office of the Service Provider / Carrier before using the Services. The Bookings not paid on the Website may provide for payment in cash at the box office of the Service Provider / Carrier before the beginning of provision of the Services. In case of failure of the Customer to exchange digital electronic documents / ticket form to the actual ticket (if applicable), Customer may not be entitled to use the service from the Carrier / Service Provider, while the Agency shall not be liable therefore.
The Passenger shall check his/her email account and other means of communication specified during the process of Booking, regarding receipt of information on the placed Booking and / or the electronic digital document for the paid Booking. The Passenger shall check the information specified in the electronic digital document and print its hard copy on their own. The Carrier / Service Provider may request the Passenger’s / Customer’s ID card or the paper ticket before using the Service. The Carrier / Service Provider may deny providing you with the Services if the Passenger does not have the valid ticket, documents that identify them and other documents necessary for the use of the Service.
6.1.9. Notification from Service Providers / Carriers. If it is necessary by the agreed Service, you may also receive electronic notifications from the Service Providers / Carriers in respect of your Booking (especially via email). The Agency shall not control and shall not be responsible for any exchange of messages between you and the Service Providers / Carriers that take place without the use of the Website.
6.1.10. Discounts and Special Offers. If the Service involves obtaining discounts for natural person, referred by the Service Providers / Carrier to the certain age group (“child” and/or “infant”), the age of the child of infant shall meet age categories ("child", "infant") as established by the respective Service Provider / Carrier on the date of completion of a travel or completion of the use of the Service, unless otherwise indicated on the Website. The age of the Customer / Passengers shall be confirmed by the relevant documents (passport / birth certificate of the child / other ID document). Requirements to the form and data of such ID document are determined by the rules of the Carrier / Service Provider.
6.2. General Rules. Payment.
6.2.1. Choosing Payment Method and Billing Details. The Purchaser shall choose a convenient method of payment for the Order by themselves among the possible methods for this Service as available on the Website at the time of Booking placement.
When selecting a payment card method, the Purchaser shall specify information related to payment cards, namely: payment card number, expiration date, CVC / CVV-code and the name of the cardholder, and agree to the processing of their personal and payment data by the Agency / Service Provider / Carrier / Payment System for the payment transfer for the placed Booking.
The Agency may provide you with one and several options of payment methods for the Booking payment, depending on the specific services that are provided based on the agreement concluded between the Agency and the relevant Carrier / Service Provider. The Agency shall have the right at any time and at its own discretion, to change / delete any methods of payment on the Website without the obligation of any updates and changes to these Terms.
6.2.2. Authorization for the Processing of Payment Transaction. After selecting and confirming the method of payment for the Booking, the Purchaser shall authorise either the Agency or the Service Provider/Carrier /Payment System to debit the payment card/bank account with the full price of the Booking specified on the Website, including Service Fees, commissions, fares, taxes, corresponding surcharges for money transfer, the amount of possible currency exchange rates to be applied to the payment for the said Booking, via chosen payment method, as well as authorise these entities to use your payment and necessary personal data for (i) the purchase and payment of your ordered Services, (ii) processing of refunds, if applicable. In case the Purchaser chooses direct payment to the Agency, the Purchaser shall bear the costs for processing the payment transaction in the agreed amount as indicated in the Booking process before the Booking placement.
By selecting any of the Booking payment methods, you acknowledge that the Agency, after receiving the funds for the placed Booking, transfers relevant funds to the Carrier/Service Provider.
6.2.3. Payment Deduction and Sufficiency of Funds to Pay. In case the Purchaser chooses direct payment to the Agency, the Agency will charge the Purchaser's payment card / bank account (as agreed in the Booking). In case the Booking covers two or more Services / Agency Services, the Agency may charge the Purchaser's payment card / bank account (as agreed in the Booking) separately and step by step for each Service / Agency Service. Any failure to deduct the agreed amounts from the Purchaser's payment card / bank account since Purchaser's payment card / bank account does not have sufficient funds as required for the full payment shall be subject to the agreed return fees and handling fees payable by the Purchaser to the Agency. Further, the Agency shall not be responsible for Booking cancellation and the costs incurred by the Purchaser due to the lack of funds on the payment card / bank account of the Purchaser.
6.2.4. Payment Transactions. When the Booking is processed, the funds on the payment card/bank account may be temporarily blocked with their further debiting in the amount of the agreed Booking price. Payment card debit may be performed by the Agency/Carrier/Service Provider/Payment System in one payment or multiple payments (for example, for each ticket separately, when booking multiple tickets/hotel rooms simultaneously or when ordering multiple services simultaneously). Charging of the funds may occur both at the time of Booking placement or within approximately 30 (thirty) business days or longer after the Booking placement under the agreed rules of the Service Provider/Carrier. The Purchaser shall take all measures to enable the Agency/Service Provider/Carrier/Payment System to debit the payment card at any time (i.e., all payment restrictions and limits of the issuing bank must be lifted by the Purchaser until the funds are actually charged).
6.2.5. Verification of Payment Transactions. All Bookings placed on the Website shall be verified by the Agency that uses all reasonable means to verify the eligibility of payment transactions, including, but not limited to, according to the rules and payment protection standards and anti-fraud payment verification, the details of which are available at the following
link.
The Agency reserves the right to deny you the provision of the services or additionally request the cardholder’s documents if there are sufficient reasons to believe that the payment card transaction may be questionable / fraudulent. In order to verify the identity of the cardholder and their eligibility in respect of using the payment card to pay for the Services on the Website, the Agency may require the Purchaser to provide the following:
- a copy of the certain pages of the passport / other ID document;
- a copy of both sides of the payment card (the first six and last four digits must be clearly visible in the number of the card, CVC / CVV-code shall be covered).
You shall send the aforementioned copies via email in the size and format according to the requirements of the Agency at the request and within the term set by the Agency. In case of failure to provide the requested documents on time or in case of doubts about their authenticity, the Agency reserves the right to cancel the Booking without explanation. The paid funds for the Booking shall be refunded to the Purchaser and the funds that were blocked on the Purchaser’s payment card shall be unblocked.
Note that the verification of payment transactions is carried out by the Agency only during its office hours. In this regard, any payment transaction for the Services ordered at other times may be processed the next business day. The Agency shall not be liable for any costs incurred to the Purchaser as a result of such reviews.
6.2.6. Currency. Settlements between the Agency and the Purchaser are made in naira (NGN). Settlements between the Purchaser and Service Providers / Carriers shall be made in the currency and processed according to the settlement rules agreed between them and provided to and accepted by the Purchaser in the Booking process before the Booking placement.
6.2.7. Additional Costs for the Payment Transactions Processing. The Purchaser shall be entirely and solely responsible for the amount of possible currency exchange rates, as well as other specified expenses that may be added to the price of the Booking by the payment card-issuing bank / Payment System / the Operator of payment infrastructure services, including the expenses for processing different types of payment cards, e.g. debit card, credit card, corporate credit card, etc. The Purchaser shall on their own get acquainted with the rules, tariffs and commissions of the bank, currency exchange rates, which may be applied to the payment for the Booking on the Website. The Agency shall not compensate the Purchasers for expenses incurred in cases of additional conversions and exchange rate differences or other additional expenses since it shall provide the Purchaser only with information on pricing policy of the Carrier, but is not involved in the creation of interaction policy among participants that serve payment transactions since their formation and until debiting the Purchaser’s account, as well as during the refund of payments. The Agency is not associated with these (additional) costs for the payment transactions processing.
Further, the Purchaser shall be responsible and shall reimburse the Agency for any fines and costs resulting from Purchaser's negligent or wilful prevention of debiting the agreed amounts from the Purchaser's payment card / bank account (e.g. fines by card-issuing bank or Service Providers / Carriers due to chargebacks for no reason/unjustified reason).
6.2.8. Currency exchange rates, which are available on the Website, are based on various sources available to the public and shall be used for informational purposes only. Currency exchange rates may not be updated on a daily basis and actual prices may differ from the current exchange rates for your payment transactions.
6.2.9. Currency Conversion and Bank Fees Charged for Payment:
- According to the rules of some Service Providers / Carriers, a request for debiting the Purchaser’s payment card in the amount of the Booking may be sent from the banks located outside the country in which the Booking is made.
- Currency exchange rate and the amount of fees for an international transaction shall be determined solely by the payment card-issuing bank on the day when it processes the transaction. Please note that the date of processing of your payment transaction may be different from the date of Booking on the Website.
- If the Booking is made outside the country in which the payment card is issued or the currency of the payment differs from the currency of the payment card, the bank may convert the amount of the payment in local currency, charge a commission for currency exchange and charge a fee for the international transaction. In this regard, the amount indicated in the statement of confirmation of the payment transaction may be in local currency, and this amount may be different from the amount indicated on the summary page of payment for the Booking on the Website.
- The Agency will debit and refund the agreed amounts in euro (EUR) in case payment to / by the Agency is agreed with the Purchaser. In addition to the agreed amounts, currency conversion and bank fees may be charged at the stage of payment and at the stage of a refund by Purchaser's card issuer / bank in order to process the payment transaction (including potential fees for processing different types of payment cards). The Agency is not associated with these (additional) fees, which are subject to the agreement between the Purchaser and his bank / card issuer.
6.3. General Rules. Refund
6.3.1. The Purchaser shall be refunded their money paid for the Booking according to these Terms and the Service Provision Rules / Fare Rules (which are both agreed with and accepted by the Purchaser in the Booking process).
6.3.2. The procedure of processing of a refund and technical procedure of refunding the Purchaser their money shall be regulated by the Service Provision Rules / Fare Rules for each separate Service.
6.3.3. The Agency will carry out the refund using the same means of payment as the Purchaser used for the initial transaction, unless the Purchaser has expressly agreed otherwise and provided that the Purchaser does not incur any fees as a result of such refund. The Agency is entitled to require the Purchaser, who initiates a refund of their funds, to provide the copies of supporting documents: ID documents (e.g., passport), applications, certificates and other documents confirming the reasons for the refund, as well as to provide a bank statement when resolving disputable financial issues. By submitting a refund request, the Purchaser shall inform the Agency about the reasons for the refund in clear and precise manner. The Purchaser is entirely and solely responsible for the failure to submit the necessary documents, as well as for failure to inform the Agency about the reasons for the refund in a clear and precise manner.
6.4. General Rules. Right of Withdrawal
6.4.1. In case the Purchaser is a consumer according to Sec 1 Austrian Consumer Protection Act, you have the right to withdraw from the Booking contract within 14 days without giving any reason.
6.4.2. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
6.4.3. To exercise the right of withdrawal, you must inform us (TTN GmbH, 7A, Tuchlauben, Vienna, 1010,, Austria,
[email protected]) of your decision to withdraw from the Booking contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form below, but it is not obligatory.
6.4.4. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
6.4.5. Effects of the Withdrawal: If you withdraw from the Booking contract, we shall reimburse to you all payments received from you without undue delay and in any event, not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
6.4.6. Exemptions from the Right of Withdrawal: You shall have no right of withdrawal in the cases listed in Section 18 Austrian Distance Selling Act ("Fern- und Auswärtsgeschäfte-Gesetz", "FAGG"). In particular, you hall have no right of withdraw as regards the following:
- service contracts after the service has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the contract has been fully performed by the Agency;
- contracts regarding the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance.
6.4.7. Model Withdrawal Form: You can use the following form and send it to us if you wish to withdraw from the Booking contract:
To TTN GmbH, 7A, Tuchlauben, Vienna, 1010, Austria, [email protected]
I/we (*) hereby withdraw from the contract concluded by me/us (*) regarding the provision of the following service (*):
Ordered on (*) / received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for notification on paper)
Date
(*) Please delete as appropriate.
7. ADDITIONAL CONDITIONS OF WEBSITE SERVICES USE
7.1. Flight Tickets Service. General Terms and Conditions
7.1.1. The requirements of the Flight Tickets Service shall apply subject to the aforementioned general rules of booking of, purchase of and payment for the Services, as well as additional rules of operation of the Flight Tickets Service which are available at following
link.
7.1.2. You are hereby notified that the Carrier does not always provide the Agency / publish in the GDS the information on cancellation / delay of flights, or other changes in respect of the ticket, and therefore you are required to monitor flight information, which is included in the ticket on your own.
7.2. Flight Tickets Service. Booking
7.2.1. As a general rule, it is possible to buy a flight ticket on the Website from 364 days before the date of the flight and no later than 4 (four) hours before the departure time of the chosen flight. In case of any doubts, you can consult regarding flight tickets purchase with the help of the Customer Care Service.
7.2.2. Under the rules of some Carriers, if the Passengers’ passport contains the "paternal name" field, the Purchaser shall specify it in the box when creating the Booking.
7.2.3. The Rules of baggage carriage are defined in the Fare Rules and are available during the Booking placement. Depending on the fare of a flight ticket, the Passenger may carry with them a certain volume of baggage free of charge. The Purchaser shall get acquainted with the rules of baggage carriage on their own and agrees that the rules of baggage carriage may differ for each particular Carrier, vary in different tickets in one Booking (when purchasing tickets with few segment) and differ in each Passenger’s Booking (when purchasing a multiple fare booking).
Also, the Passenger shall on their own get acquainted with the list of items prohibited for carriage and carriage requirements of certain categories of baggage, as well as the baggage allowances and rules on.
7.2.4. The Purchaser may clarify with the Customer Care Service or directly with the respective Carrier the availability and order ancillary services if those are provided by the Carriers, namely: special menu, choice of seats onboard, animal transportation formalities, nonstandard or additional baggage, apply for assistance in boarding of / disembarking of persons with disabilities, services to accompany children and others. Some of the ancillary services are available during the Booking placement of flights for certain Carriers.
7.2.5. The Purchaser shall get acquainted with and comply with the rules of the Carrier regarding the purchase of flight tickets, travelling with children or travelling of unaccompanied minors.
7.2.6. The Passenger shall clarify with the Customer Care Service and/or Carrier the requirements in respect of transportation of electronic equipment and devices, as well as conditions of their use while travelling.
7.3. Flight Tickets Service. Price. Payment Order and Issuance
7.3.1. The price of flight tickets consists of fares, taxes and charges imposed by the Carriers and airports. Further, the price of a flight ticket includes a Service Fee of the Agency Services and surcharges for the transfer of funds. The total price of the flight ticket is available in the Booking System at the moment of purchase/ ticket issuance.
7.3.2. Flight ticket fare is defined by the Carriers and is available in the Booking System at the time of Booking placement / ticket issuance on an "as is and as available" basis. There might be a change of the flight tickets price from the time of the Booking placement and payment until acceptance of the Booking though the actual issuance of traffic documents as the Agency does not influence on the fare policy of the Carriers. In case of such change of the flight tickets price beyond the Agency's control and before acceptance of the Booking, the Agency shall inform the Purchaser via email about the price change before accepting the Booking through the actual issuance of the traffic documents and shall ask the Purchaser for his confirmation of the new price within an appropriate time period defined in such email notification to the Purchaser. In case the Purchaser agrees with the new price of the flight ticket within the declared time period, the Agency may accept the Booking through actual issuance of the traffic documents. In case the Purchaser does not agree with the new price of the flight ticket within the declared time period, the Booking is to be qualified as cancelled without any costs for the Purchaser.
7.3.3. The Agency shall not be responsible for any cancellation of the Booking by the Carriers and does not guarantee the preservation of fares when making a re-Booking of the same flight tickets.
7.3.4.Travel document (e-ticket) issuance is carried
out by the Agency after its authorisation by the Carrier in Booking
System. Purchaser will be duly informed about the confirmation of the
Booking after the booking payment,
if other terms are not set by the Service Carrier/Provider.
7.3.5. The proof of purchase of a flight ticket is an electronic
ticket/itinerary receipt that is sent to the Purchaser's email address
indicated when placing the Booking or provided to the Purchaser in
another agreed way,
upon confirmation of the Booking during 48 hours.
7.3.6. If the issuance of the paid flight ticket was postponed at the request of the Purchaser, then after the established term for the issuance of paid tickets expires, the price of the flight ticket or fare may be changed by the Carrier, and the booked seats may be forwarded for sale.
7.3.7. When creating the Booking or upon issuance of the flight ticket, the Purchaser may be given the opportunity to order ancillary services provided directly by the Carriers (e.g., choice of seats on the plane or payment of excess baggage charges). The conditions, volume and cost (additional fees) of such services shall be determined by the Carriers and depend on each flight separately. The Purchaser shall be charged an Agency Service Fee for the Agency Services provided in this regard (especially processing of requests in respect of the ancillary services provided directly by the Carriers). The Agency Service Fee for such ancillary services provided directly by the Carriers is indicated in the Booking process and agreed with the Purchaser.
7.3.8. The ancillary services provided directly by the Carriers and ordered by the Purchaser are agreed by accepting the Booking. The Agency shall forward the Booking of the ancillary services to the respective Carrier after receipt of the payment from the Purchaser. The confirmation of purchase of the ancillary services of the Carriers is made by an electronic receipt that is sent to the Purchaser’s email address.
7.3.9. Please note that the ancillary services and flight tickets are to be qualified as separate services.
7.3.10. The Agency shall not be liable for and shall not compensate for any expenses associated with moving between terminals or airports since this is subject to the direct agreement between the Purchaser and the Carrier.
7.4. Flight Tickets Service. Cancelling, Refunding and Making Changes to Flight Tickets
7.4.1. In case of involuntary and/ or voluntary ticket exchange/refund, the decision about fines and charges shall be made solely by the Carrier and depends solely on the agreed Service Provision Rules / Fare Rules in respect of a particular flight ticket and internal rules of the Carrier. In addition to the fines, additional charges of the Carrier for the provision of its services may be applied in case of ticket exchange/refund.
7.4.2. The Agency may provide additional consulting support and/or post-sale support to the Purchaser (e.g. voluntary flight ticket cancellation/change/refund) and shall therefore be entitled to a service fee as agreed with the Purchaser when booking such additional consulting support and/or post-sale support.
Some Carriers may allow the Purchaser to directly receive such post-sale support for the flight tickets directly from the respective Carrier. Thus, the Purchaser is not obliged to make use of the Agency's post-sale support.
7.4.3. The Agency does not charge the Purchaser with an additional service fee in case of involuntary flight ticket cancellation or void/exchange/refund and/or in case the respective request cannot be processed by the Agency. However, the initially agreed Agency Service Fee for the Booking shall not be refunded in case the involuntary flight ticket cancellation or void/exchange/refund does not result from the Agency's sphere.
7.4.4. In case of flight delay/cancellation, the Agency shall contact the Purchaser/Passenger using the contact details entered in the Booking and provide necessary information in accordance with the terms and conditions of the Carrier and respective laws on compensation for flight delays and cancellations.
7.4.5. A request for making changes to flight tickets or their refund shall be carried out by the Purchaser on the Website in the "My Account" section. If you submit a request for ticket exchange/refund via the Customer Care Service (by phone/e-mail, etc.) the Customer Care Service will recommend making a request for ticket exchange/refund through the "My Account" section since the Customer Care Service has no information on the Fare Rules, does not make calculations on the amount due for ticket exchange/refund, or any additionally payable fees - these calculations are performed by other departments of the Agency that do not directly contact the Purchaser/Passenger.
7.4.6. The request for making changes in the flight tickets shall be accepted by the Agency and transferred to the Carrier for confirmation and/or clarification of the processing procedure within 72 hours upon receipt of the payment confirmation by the Purchaser. Generally, any requests for making changes to flight tickets are considered by Carriers within 3-10 business days. The Carriers independently determine the terms for considering requests. The Agency shall only send the Carrier the relevant requests and shall not influence them or be liable to the Purchaser in case of delay in request consideration by the Carrier. Upon receiving the response from the Carrier, all necessary information will be transferred by the Agency to the Purchaser within 24 hours from the moment of receipt of the response from the Carrier.
Some Purchaser’s requests for making changes in the flight tickets (post-sale support) might be time-limited due to restrictions of the Carriers and are possible within a limited period of time before the flight date/time, only. Detailed information about the time limits to make changes in the flight tickets are displayed on the Website during placement of such request.
If you checked-in for the flight and/or received the flight coupons, processing of the post-sale support may be prohibited by the Carrier and the Agency, as an intermediary, will not be able to address your requests.
The Agency also will not assist you in relation to the processing of your request for making changes in the flight tickets if you submit such request less than 48 hours prior to the departure of your first flight in your ticket/itinerary, or any time thereafter, as the Agency will not be able to arrange the processing of your request within this time period. In such case the Purchaser may directly receive such post-sale support for the flight tickets directly from the respective Carrier.
7.4.7. The agreed refundable amounts due to cancellation (void) of a flight ticket are displayed in the "My Account" section on the Website for information purposes.
Please note that some flight tickets are non-refundable and cancellation (void) procedure is no applicable due to the terms of Fare Rules and internal policies of the Carriers.
7.4.8. Cancellation (void) of a flight ticket within the day of its ticketing, shall be calculated by the Agency taking into account the Carrier’s service fees and application of the Agency Service Fee and for processing the request. Generally, the Carrier’s penalties in this case shall no apply. The Agency Service Fee will be communicated to the Purchaser during the confirmation of the refundable amount. Upon your confirmation of the calculated refundable amount, the Agency shall forward the cancellation request for approval to the Carrier. The Carrier shall finally determine the refundable amount and its penalties, if any. Please note that the Carrier is entitled to refuse making a refund of the flight ticket without application of its penalties. In this case, you can apply for cancellation of the flight ticket in accordance with the Fare Rules. The Carriers independently determine the final refundable amount and the time period for processing cancellation requests. The Agency only submits the relevant inquiries to the Carrier and cannot influence them or be liable to the Purchaser in case of delay in request consideration by the Carrier or the calculation and actual refundable amount (including lesser amount) which was calculated by the Agency and confirmed by the Purchaser.
Additional conditions of ticket cancellation may be reported to the Customer in the “My Account” section directly during creating a request for a refund/exchange/change of a ticket.
7.4.9. Refund of money for the flight tickets, which has been paid directly to the Carrier (including blocking or unblocking of funds on the Purchaser’s payment card), shall be carried out under the terms and conditions of the direct agreement between the Purchaser and the Carrier. In this case, the Agency shall not be liable to the Purchaser for any errors or delays, since it is not a participant of these payment transactions and has no effect on them whatsoever.
7.4.10. Refund of the money paid for the unused flight ticket shall be carried out in the same way as the payment for the Booking and within the terms and pursuant to these Terms.
7.4.11. In case of payment for flight tickets directly to the Agency, a refund will be carried out after receiving the refund from the Carrier by the Agency. The Agency has no influence on the timely refund by the Carrier. In case the payment was made directly to the Carrier, a refund is usually carried out within 10-60 business days, while the Agency has no influence on the timely refund by the Carrier.
7.4.12. If the Passenger has not arrived at the airport and failed to inform the Carrier in advance of changes to their trip, the Carrier might have the right to cancel the booking not only in respect of the first flight segment, but in respect of the following segments of the route and in respect of the return flight without notifying the Passenger. To avoid cancellation of tickets, please contact the Customer Care Service or directly the Carrier.
7.4.13. Any refund for the ordered ancillary services provided directly by the Carriers (for example excess baggage) are subject to the direct agreement between the Purchaser and the respective Carrier. The Agency may assist the Purchaser with a request for refund for the ordered ancillary services provided directly by the Carrier subject to the agreed post-sales support fees.
7.5. Flight Tickets Service. Features of the Flight Tickets Issued per Each Segment and Multiple Fares.
7.5.1. The Purchaser shall be notified by the Agency of the method of flight ticket issuance and payment (issuance for each segment or multiple fare) according to the Carrier's Fare Rules before the Booking placement. The Purchaser shall get acquainted with the specified conditions.
7.5.2. Multiple Fare Booking. When buying flight tickets for two or more Passengers (a minimum of two adults shall be present), the Purchaser may be suggested to purchase flight tickets in different fare classes. The application of different fares when issuing flight tickets in some cases allows reducing the total costs of the flight. However, different classes of ticket fares in one Booking will not affect the service class (business, economy) of the Passenger. When booking multiple fare flight tickets, the Carrier's Fare Rules may be different for different Passengers in one Booking.
7.5.3. Tickets issuance per each segment. The issuance of a flight ticket shall be carried out per each flight segment separately and the Passenger shall have the opportunity to create separate Bookings for each flight segment or select other conditions of the trip. When issuing flight tickets per each segment, the Fare Rules may be different for different flight segments in one Booking.
7.5.4. The Carrier's Service Provision Rules / Fare Rules shall be applied to each flight ticket separately when the ticket issuance is carried out for each segment or for each Passenger when creating a multiple fare Booking. Thus, the following conditions may vary for each flight ticket:
- cancellation / exchange / refund of flight tickets;
- the rules for carriage of baggage, animals, and the terms and conditions of provision of the Carriers’ ancillary services;
- the conditions of refund or provision of flight alternatives when the flight is cancelled / rescheduled due to the Carrier’s fault. In this case, the alternative solution or tickets refund will be offered to the Passenger only for flights, issued in one ticket and for each Passenger separately;
- peculiarity of involuntary changes and flight tickets refund at the Passenger’s request. In this case, a request for making changes to / refund of flight tickets due to: (i) disease / death of the Passenger or their close relative, (ii) the refusal to issue a visa, documents that provide grounds for the request shall be considered for each ticket separately or for each Passenger separately.
7.6. Flight Tickets Service. Features of Flight Tickets of Low-Cost Carriers (Budget Airlines):
7.6.1. When purchasing flight tickets for the flights of Low-Cost Carriers (indicated within the Booking process), the following terms and conditions shall apply:
- When making the Booking, it is possible for the Purchaser to get acquainted with the Fare Rules of the relevant Carriers on the payment page.
- By creating the Booking, you agree with the presented Carrier's conditions of pricing of the flight ticket and terms of payment. You agree that the Agency cannot be held liable for the Carrier's pricing conditions since the Agency only provides the Purchaser with information about pricing policies provided by the Carrier to the Agency and the Agency is usually not involved in the payment transactions between Purchaser and Carrier.
- Payment shall be made by means of payment cards of the payment systems Visa and MasterCard, unless otherwise indicated on the Website.
- Currency, which is debited, may depend on the point of departure of the flight chosen by the Purchaser.
- The booking reference number confirmed by the Carrier shall be the proof of the right to take a flight, the number of an e-ticket is usually not assigned.
- Generally, the Fare Rules of the Low-Cost Carriers do not provide for changing a route, last name, first name or paternal name of the Passenger.
- The paid flight ticket is usually non-refundable.
7.7. Insurance. General Terms and Conditions
7.7.1. It is advisable to have an insurance policy while travelling. Please consider that some Service Providers / Carriers may require having an insurance policy for each Passenger/Client for the term of the ordered services.
7.7.2. If you are ordering an insurance policy via the Website, your insurance contract will be concluded directly with the insurance Provider. In this case, the Agency acts only as an intermediary and cannot be considered, for any reason whatsoever, as a provider or co-provider of the insurance services to you or any third party. All terms and conditions of the insurance contract between you and the insurance Provider (as well as means of payments, insurance premiums and coverage, termination or cancellation, etc.) are solely defined by the insurance Provider upon your unilateral and discretional choice and acceptance of the Insurance Provider's terms. The insurance contract and underlying terms shall be provided to you during the Booking process via respective link. You have the possibility to read and agree with the terms of the insurance contract before placement the Booking.
7.7.3. It is recommended that you review insurance options to ensure that any insurance policy purchased is suitable for your needs and has adequate coverage you require. If you have any questions regarding the insurance contract, it is recommended that you address them to the insurance Provider via contact details available during the Booking process. If you have any pre-existing medical/mental conditions or take any medications, you should consider and communicate them to the insurance Provider, while choosing the insurance coverage.
7.7.4. The Agency assumes not liability for your choice of the insurance coverage.
General payment terms and conditions for the ordered Services shall be applicable and binding while purchasing the insurance policy. Your payment card may be charged directly by the insurance Provider. The insurance policy will be sent to your email directly by the insurance Provider. All settlements and claims shall be provided directly to the insurance Provider.
7.8. Hotel Services. General Terms and Conditions
7.8.1. The Website allows you to place Bookings for hotel services, e.g. accommodation and accompanying services (together "Hotel Services"). The Hotel Service is provided according to the
general rules of booking, purchase and payment, and additional rules of the Hotel Service’s provision as present to and accepted by you within the Booking process.
7.8.2. Contractual relationship regarding the Hotel Services arises directly between you (the Customer) and the Service Provider. While placing the Booking you agreed to these Terms, Service Provision Rules of the Service Provider and potential intermediaries as present to and accepted by you within the Booking process. You agree that your personal data will be transferred to the Service Provider and potential intermediaries for rendering chosen services. The Customer shall resolve disputes regarding the Hotel Services by contacting the Customer Care Service using the contact details specified in the electronic Booking voucher.
7.8.3. We provide the Purchaser with the Booking (access to Booking) service of Hotel Services. The Booking service of Hotel Services shall be provided by the Agency properly and in full once the electronic voucher according to the Service Provider’s standard has been sent to the Purchaser’s email address specified when making the Booking.
7.8.4. Tariff type, cancellation conditions, changes to the Booking, a list of services included in the Booking, ancillary services offered by the Service Provider for extra fee, are determined by the Booking terms and conditions, the Service Provision Rules of the Service Provider and potential intermediaries, and are chosen by the Customer when making the Booking on the Website.
7.8.5. By placing the Booking, you (the Customer/Purchaser) agree to the Booking terms and conditions, cost and terms of the service provision, including, but not limited to, the terms and conditions of cancellation/changes/no-show, available payment method, and completely and without any changes agreed to the Service Provision Rules determined by the Service Provider and potential intermediaries.
7.8.6. Payment for the Hotel Services is determined by the Service Provider and potential intermediaries. You will be informed about the method of payment for the Hotel Services is each particular case when placing the Booking. Payment for the Hotel Services may be carried out by the following methods:
7.8.6.1. Prepayment. This method provides for debiting the Customer's payment card of the total price of the Hotel Services when placing the Booking on the Website. The funds are charged in the currency of the Service Provider.
7.8.6.2. Payment at the hotel (other place of accommodation). Payment for the services is made directly by the Customer at the hotel (other place of accommodation). The Customer's payment card may be preauthorised in order to guarantee the Booking. Subject to the Service Provision Rules of the Service Provider and potential intermediaries, the Booking price may be blocked when placing the Booking of the Hotel Services on the Website.
7.8.7. The actual tax and fee amount of the Hotel Services depends on the rules of the Service Provider and potential intermediaries, and their location. Taxes and fees are not always included in the cost of the Booking. The Information on taxes and fees is indicated during the Booking placement on the Website. The Information on taxes and fees as well as the electronic voucher are also sent to the Purchaser’s email indicated when placing the Booking on the Website.
7.8.8. Funds are charged in the currency of the Service Provider. In the event that the billing currency and the payment card currency do not coincide, conversion may apply.
7.8.9. To cancel the Booking, the Purchaser/Customer might to do the following:
- Log in to the “My Account” section on the Website and select the “My Orders” tab;
- Select the “Hotels” section and choose the Booking to be cancelled;
- Click on “Cancel Booking”;
- Confirm the cancellation.
7.8.10. In case of cancellation of the prepaid Booking, the conditions for refund in each case are established by the Service Provider and potential intermediaries.
7.8.11. Processing of a refund application, the refund itself, the possibility to change the Booking are made according to the Service Provision Rules established by the Service Provider and the intermediaries. The Agency is not responsible for the consequences caused by your late arrival and/or charging the funds for cancellation of the Booking or no-show. This provision does not limit the consumer's statutory warranty rights.
7.8.12. In case you are late to the agreed time of arrival or you are arriving the following day, please promptly notify the Customer Care Service and/or the respective Service Provider using the contacts defined in the electronic Booking voucher.
8. DISCLAIMER
8.1. The Agency shall make every effort to ensure that the information contained on the Website is accurate and reliable.
8.2. The Agency shall not be responsible for any and all acts or failures to act, errors, omissions, warnings, representations, warranties, violation or negligence of any of the Service Providers / Carriers as the direct contractual partners of the Purchaser; or for any personal injury, death, property damage or other damages or extra costs as a result of the Service Provider's / Carrier's behaviour. The Agency shall not be liable for and will not make any payments or compensation for damages and additional costs incurred in the event of any delay, cancellation, rerouting, loss of or damage to baggage or personal belongings, strikes, force majeure, changes in the cost of the Services and fares, the removal of fares on sale, cancellation of paid or unpaid Services or Agency Services or due to other reasons beyond it’s the Agency's direct control and influence. Nothing in this clause limits the Agency's liability for gross negligence and wilful misconduct. Further, nothing in this clause limits or excludes the Purchaser's statutory warranty claims.
8.3. The Agency shall not guarantee continuous, error-free, accurate, timely secure operation of the Website. The Agency shall not guarantee or provide or assume any responsibility for the continuous and error-free connection and connection to the Internet, shall not guarantee or ensure the quality of the various channels of public communication, telephone networks or services, computer systems, servers or providers, computer or phone equipment, software, email service or communication failures, through which the User accesses the Website, the "My Account" section, ordering of the Services or contacting the Customer Care Service, and if in the result of bad connection a failure occurred when choosing the services, issuing of the tickets / electronic digital documents, and/or paying for the Booking or providing other information. Nothing in this clause limits the Agency's liability for gross negligence and wilful misconduct. Further, nothing in this clause limits or excludes the Purchaser's statutory warranty claims.
8.4. The Agency shall make no representations and shall disclaim all warranties that the Website, its components, servers or any e-mail messages do not contain viruses, defects or other damaging elements and shall not guarantee the use of the software (including guarantees in respect of its quality, proper operation) which is available on this Website. You shall take all the necessary measures on your own when using this Website or other websites for which hyperlinks from this Website are provided to protect your equipment or software from possible destructive elements, such as viruses. Nothing in this clause limits the Agency's liability for gross negligence and wilful misconduct. Further, nothing in this clause limits or excludes the Purchaser's statutory warranty claims.
8.5. This Website may contain hyperlinks to the websites that are not owned and not operated by the Agency. Such hyperlinks are provided for your convenience and for reference only. You accept that the Agency has no control over such websites and outside resources and shall not be responsible for their operation, content, advertisements, products or other information provided by them and the consequences of their use. The placement of such hyperlinks shall not guarantee that the Agency approves materials on such websites, or is associated with their owners.
8.6. Under no circumstances shall the Agency be responsible for, compensate for any damages and make compensation for in the following cases:
- ignorance or non-observance by the User of the terms and conditions of these Terms, failure to get acquainted with the agreed Service Provision Rules / Fare Rules of the selected Service Providers / Carriers, and peculiarities of provision of the Services or Agency Services;
- in case of negligent behaviour towards security and protection measures of the User's personal data. If third parties have obtained unauthorised access to the "My Account" section and personal and other data of the User, which caused damages to the User;
- failure to deliver messages by communication systems and failure to timely read emails or sms messages sent by the Agency / Service Provider / Carrier / Payment System and the related use of the Website and the Booking of the Services or Agency Services;
- in case of inability to fulfil the undertaken obligations due to unreliability, insufficiency and untimely provision of information and documents provided by the User, or the violation by the User of these Terms;
- if Customers / Passengers fail to have duly completed documents for any reasons, required for the receipt of the Services and specified in these Terms or in the agreed Service Provision Rules / Fare Rules;
- the actions of third parties, including, but not limited to the actions of customs and immigration authorities, as well as for limiting the Passenger to leave the country of departure or the other point of departure, or entry into the country of arrival by the competent authorities of the relevant country;
for actions by consulates, embassies or visa centres of foreign countries, including delay, denial or changes to the terms of issuing visas or visa issuance according to other terms than provided for the purposes of use of the Services.
Nothing in this clause limits the Agency's liability for gross negligence and wilful misconduct. Further, nothing in this clause limits or excludes the Purchaser's statutory warranty claims.
8.7. Under the terms and conditions of these Terms, the Agency shall not:
- be the supplier or co-supplier of the Services with the Service Providers / Carriers and shall neither be involved in the direct relationship between the Purchaser / Passenger and the Carrier / Service Provider or disputes between the Purchaser / Passenger and the Carrier / Service Provider;
- provide legal or other consulting services including those regarding the application of foreign laws, requirements to a set of documents (including, but not limited to visas) required for entry into the territory of a foreign state, to leave the territory of a foreign state, for the transit of a foreign state, etc.; requirements related to borders, customs, sanitary, veterinary, quarantine types of control established by the legislation of a foreign state;
- represent your interests and the interests of Passengers to the Carriers / Service Providers, as well as other persons involved in providing the Services;
- The Service Providers / Carriers shall be liable before the Customers / Passengers in respect of the Services according to the direct agreement with the Purchaser / Passenger and according to international rules and applicable local laws and the agreed Service Provision Rules / Fare Rules and their internal policies.
8.8. You agree that if the Agency cannot provide you with access to use the Website and its Services and Website Services due to force majeure (as defined in the Terms), the Agency will not breach any obligation to you under these Terms.
8.9. Under no circumstances shall the Agency, its affiliates or group companies, representatives, officers, agents or employees be responsible to the User or to any third party for any indirect, incidental, derivative or punitive damages or loss, loss of profit (loss of expected gain), loss of goodwill, damage caused to prestige or reputation, or non-pecuniary damage and additional costs incurred as a result of the User' inability to use or in result of the use of the Website, provided that the Agency did not act intentionally or with gross negligence.
8.10. The Agency shall be responsible only for intentional or gross negligent, direct actual damage, caused as a result of non-fulfilment of obligations that occurred due to the fault of the Agency as well as for personal injury and damage to body and health.
8.11. The liability of the Service Providers / Carriers for death, personal injury and others, as well as responsibility for loss of baggage might be, as a general rule, limited by national legislations, international agreements or the agreed rules and restrictions of the Carriers / Service Provider.
9. FORCE-MAJEURE
9.1. The Agency shall not be liable for the full or partial failure to perform its obligations under these Terms if it has been caused by force majeure. Nothing in this clause limits the Agency's liability for gross negligence and wilful misconduct. Further, nothing in this clause limits or excludes the Purchaser's statutory warranty claims. In addition, nothing in this clause limits, amends or excludes the mandatory legal consequences of default.
9.2. Force majeure circumstances are the circumstances that exclude or objectively hinder the fulfilment of the agreed services under these Terms, are extraordinary, inevitable and unpredictable in nature, and which the Parties could not foresee or prevent by reasonable measures; in particular: circumstances caused by exceptional weather conditions and natural disasters, disruptions in the networks, failure or disconnection of power supply, interruptions of the Internet and other communication networks, hacker attacks, local or national emergencies, unpredictable actions or omission of third parties who are not the party to the Terms and/or which occur independently of the will and desire of a party to the Terms, the threat of war, armed conflict or serious threat of the conflict, blockade, embargo, acts of foreign enemy, general military mobilization, war, acts of public enemy, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, rebellion, public demonstrations, strike, epidemics, fire, explosion, long breaks in transport operations, prohibition (restriction) of export/import.
9.3. In the event of force majeure, the Agency shall – if possible – notify the Users within 5 (five) calendar days of the nature of the abovementioned circumstances and the likely duration of their existence, by placing a relevant warning on the Website or sending an email (or in any other appropriate manner at the discretion of the Agency).
10. PERSONAL DATA PROTECTION (PRIVACY POLICY)
The terms and conditions of personal data protection are integral part of these Terms, and are set forth at the following link.
11. ANTI-FRAUD POLICY
The Anti-Fraud Policy is integral part of these Terms, and are set forth at the following
link.
12. PAYMENT SECURITY STANDADRS AND ANTI-FRAUD VERIFICATION
The Policy on
Payment Security Standards and
Anti-Fraud Verification is integral part of these Terms, and are set forth and available at the following link.
13. USE OF INTELLECTUAL PROPERTY RIGHTS
13.1. Copyright notice: © 2018 KISSANDFLY.NG. All rights reserved. KISSANDFLY.NG is a registered trademark and protected by copyright. The Agency, its partners and providers are the owners or licensees of intellectual property rights (all information and materials) published on the Website. Logos, company names and others signs which are mentioned on the Website may be trademark protected or protected by copyright. All information and content published on the Website is protected under local or international law on the protection of intellectual property.
13.2. You shall not use, reproduce, modify, adapt, translate, compile, decompile, create derivative products, attempt to discover the source code, copy, analyse data, create links to the Website, or make any other use of the contents of this Website in whole or in part, including the use of any objects of intellectual property rights that are available through this Website, without the prior written permission of the Agency.
13.3. Electronic ticket / itinerary receipt, ticket or other electronic voucher or another electronic digital document, which confirm your Booking and these Terms may be used only for the use of the Service / Agency Service and be printed out or copied only for this purpose.
13.4. You provide the Agency with aroyalty-free, transferrable and without limits of space right to use the posted feedback on the Website in its sole discretion completely or partially and transfer it to third parties. You may revoke this grant of rights to use the posted feedback at any time. You shall be liable that the content you post on the Website does not infringe any rights of third parties (especially intellectual property, personal and data protection rights). You shall indemnify the Agency from and against all claims and costs in case any third party raises claims against the Agency based on the content you posted on the Website provided that such claims and costs result from your negligence or wilful misconduct.
13.5. The software, which is available through this Website, including mobile applications, belongs to the Agency, its partners and providers, and is protected by copyright. The use of the software is governed by the license agreement between you and the Agency. By installing mobile applications, you accept the license agreement. Unless stated otherwise, you shall be given by the Agency a limited, personal, non-exclusive, non-transferrable, for the defined term license to use the software for viewing information and different kind of use of the Website only to obtain information about services and their ordering under the terms and conditions of the Terms and not for any other purpose. The guarantee in respect of software is available within the license agreement.
13.6. If you become aware of the infringement of copyright of the Agency, please send an email to the Customer Care Service. You may also send us a letter at the office mail address, which shall include: description of the materials in relation to which your copyright is probably infringed; evidence of the existence of your copyright in respect of the disputed material, your contact information and signature. The Agency advises you to consult a qualified expert before sending a notice or counter notice in respect of protection of the infringed copyright.
14. LOYALTY PROGRAM
You are entitled to use the benefits offered under the loyalty program ”Tickets-Bonuses" if such loyalty program is available on the Website.
15. CHOICE OF LAW AND DISPUTE SETTLEMENT PROCEDURE
15.1. Any legal dispute arising out of these Terms shall be governed exclusively by the substantive laws of the Republic of Austria, without giving effect to any principles of conflicts of law. In case the Purchaser is a consumer, this choice of law is effective to the extent that no more stringent consumer protection law at consumer's residence is applicable
15.2. All disputes and contradictions arising in connection with these Terms shall be settled through negotiations between the parties. The party that considers its rights to have been violated, shall send to the other party a pre-trial claim. The term of the pre-trial claim consideration is 30 (thirty) business days upon receipt. In the case of non-response to the pre-trial claim within 30 (thirty) business days, and if the answer was received, but did not satisfy the party, such party may apply to the court.
15.3. All disputes directly or indirectly relating to or in connection with these Terms, including the question of applicability of these Terms, and rendering the Agency Services shall be governed exclusively by the Austrian court having jurisdiction for 1010 Vienna, Austria. In case the Purchaser is a consumer, this provision only applies if the consumer neither has his/her domicile, usual place of residence nor is employed in Austria. All disputes regarding the agreement with the Service Providers/Carriers (e.g. confirmation of the ticket, voucher, etc.) shall be resolved between the Service Providers/Carriers and the Purchasers/Passengers directly in accordance with the agreed Terms of Services of Service Providers/Carriers.
16. TERMINATION OF RELATIONS WITH THE AGENCY
16.1. You may abandon the use of the Website at any time and request removal of your registration information. The request for removal must be sent from your email, entered when registering on the Website, to the email address of the Customer Care Service. After removing, all data from your registration and the "My Account" section (including the list of Bookings, accrued bonuses and personal data of the Purchaser/Passengers/Customers) will be deleted without the possibility to restore them.
16.2. The Agency reserves the right to deny your access to the Website and the receipt of the Services or suspend the provision of the Services available through this Website in case of material violations of these Terms.
16.3. As a consequence of the termination of your relationship with the Agency, (i) all licenses and rights to use the objects of intellectual property of the Agency will immediately be ceased to be valid; (ii) you shall immediately deny any use of this Website and receipt of the Services / Agency Services available on this Website.
17. CONTACT INFORMATION