Thank you for visiting our website https://tickets.ge (hereinafter referred to as the “Website”)!
1. PREAMBLE TO THE TERMS OF SERVICE
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 the use of the Website.
If you do not agree to the terms and conditions outlined in the Terms, you shall not use the Website and immediately leave it.
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, do not hesitate to contact the Customer Care Service:
Tel: +995322196530 (24 hours a day, according to operator tariffs)
Email:
[email protected]
2. DEFINITIONS
2.1. “Agency”, ”we” – TTN Eesti OÜ,
located at:
Jõe St. 3-302, Tallinn, Estonia, 10151, identification number: 14038986, taxpayer identification number: VAT EE102036927, IATA code 63320611, information on licenses and certificates is
available at the
following link
— a company which maintains the Website and enables Users to book
travel and other services by virtue of technical capabilities of the
Website. The Agency acts as an agent (intermediary) between you and the
Carrier/Service Provider.
2.2. “You”, “Customer”, ”User”, ”Purchaser”, ”Passenger”
is a natural person, who uses the Website and/or places the Booking in
accordance with the terms and conditions determined in these Terms, as
well as is a party to these Terms on Agency Ancillary Services and/or
the Service provision agreement concluded with the respective Service
Provider/Carrier. The User may also be a Purchaser and a Passenger, or a
Customer.
2.3. “Website” is open for free viewing by any person, a publicly available
website operated by the Agency located on the Internet at the following
address https://tickets.ge/en, with all pages, subdomains, as well as
subdomain website of the Website Services and software by
means of which the following are provided:
• Services/Ancillary Services information display;
• The technical possibility provision of the Booking / Order placement
through the Booking System available on this Website, pursuant to the
Terms.
Website also serves as a technological platform,
marketplace and/or advertising space for the third-party services,
offered independently by our external partners.
2.4. “Acceptance of the Terms” is a response of the Website User about the acceptance of these Terms by performing the following actions:
- continuous use of this Website (access or reaccess the Website), and/or
- registering/authorising on the Website, and/or
- placing the Booking or order of the Agency Ancillary Services.
Acceptance
of the Terms is full and unconditional acceptance by the User, of the
terms and conditions set forth in these Terms. The Acceptance of the
Terms creates legal consequences for the parties according to the terms
and conditions specified in these Terms.
2.5. “Order”, ”Booking”
is a request for the services properly created by the Customer on the
Website on their own that assigns the chosen Service to a particular
natural person (or persons), and which is confirmed and accepted by the
Agency. Any Order/Booking will be deemed to be accepted by the Agency
only after Service payment confirmation by the Customer and after the
Agency has received confirmation from the Service Provider/Carrier of a
possibility to fulfil the Order/Booking and sent the proper confirmation
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 Order/Booking shall be cancelled
after the expiration date, which has been designated for its payment.
The Booking status is determined and displayed in the “My Account”
section.
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 and confirmation. The Service volume 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
Providers/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 Ancillary Services herein may be used collectively or
separately as the
“Services”.
2.8. “Agency Ancillary Services” is a range of actions provided directly by the Agency, and include as follows:
- display
of information for the Users about travel services, leisure services
provided directly by the Carriers/Service Providers;
- 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 refund/cancellation of the Booking.
The
Customer shall always be notified of the scope and price of the Agency
Ancillary Services when placing or changing/voiding the Booking and
according to the terms and conditions of use of each separate Website
Service, and may be specified as a
“Service Fee” or as a separate
cost of the Agency Ancillary Service when making payment. The cost of
the Agency Ancillary Services may be included in the price of the
Services, which shall be paid by the Purchaser at the time when ordering
the Service, or may be specified separately when placing each Booking.
2.9. “Electronic ticket/itinerary receipt”, “flight ticket” is an electronic digital document/ticket form which:
- is stored in the system of the Service Provider/Carrier, the global distribution system (GDS), Webiste Booking System;
- contains a full set of data about the Service;
- depending
on the chosen service, can 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 in the
form of a copy of the electronic document, and, generally, is available
in the “My Account” section.
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 it is presented in the
global distribution system (GDS), booking systems of the Service
Providers/Carriers or their authorized 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 Purchaser’s data;
- “Passenger Information” is a mechanism intended to store and edit the Passengers’/Customers’ data;
- “My
Bonuses” includes information on the current balance and the history of
accrued bonuses if the rules of the Bonus Program are available on the
Website;
- “Account Settings” is a mechanism
intended to change the User’s personal data, including the password for
logging in to the “My Account” section.
2.12. “Carrier”
is a company (legal entity or private entrepreneur) acting as a direct
seller of the Service or provides Passenger carriage Service, 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 private entrepreneur) acting as a direct seller of the
Services or provides travel and other Services available on the Website,
or which operates as an intermediary in respect of Service provision
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 and flight 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 lack
of traditional services offered to passengers by full-service airlines.
These additional services are usually offered to passengers for a fee.
As a general rule, flight tickets purchased from Low-Cost Carriers are
non-refundable.
2.15. «Service Provision Rules» or
«Fare Rules»
are the terms and conditions of the Service Providers/Carriers
according to which booking of, purchase of, use of, void of, change of
and/or refund for the relevant Service are made, and which shall be
read, agreed upon and fulfilled by the Users before placing the Booking.
The Service Provision Rules are established by the Service
Providers/Carriers in accordance with their commercial terms and
conditions, and relevant requirements of the applicable legislation and
international rules which may be applied to such type of the Services.
2.16. “Payment System”
is a payment organisation, 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 the Purchaser’s
funds 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 Provider or Carrier.
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 during which the employees of the
Agency, except for the employees of the Customer Care Service, work.
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 by the Agency, acting as an intermediary, of services for
booking, ticketing and sale of the Services and provision of the Agency
Ancillary Services with technical capabilities of the Website.
3.2. Integrity of these Terms. These Terms of Service,
IATA Agreement,
Service Provision Rules/Fare Rules, as well as any policy and
notifications/messages of the Agency, which are related to or may arise
under these Terms, may be available on the Website or sent in emails or
SMS messages during the process of Booking placement or at any other
time, which constitute an integral agreement concluded between you and
the Agency in respect of Website use, placement of the Bookings/Orders
and Agency Ancillary Services.
3.3. Acceptance of the Terms.
If you (i) continue using this Website, and/or (ii) place the Booking
or order the Agency Ancillary Services, you will be offered to acquaint
yourself with the conditions of these Terms (active link to the content
of these Terms) and accept the conditions of these Terms (“active opt-in
in the approval field”), whereupon you are deemed to:
3.3.1
fully, unconditionally, and without any changes have accepted the terms
and conditions defined in these Terms, namely made Acceptance of the
Terms and understand the consequences of use of this Website; and
3.3.2
have 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 and conditions when using the Website and placing the
Bookings, and in case of violations of the aforementioned terms and
conditions, agreed that the Agency has the right to take all necessary
measures to eliminate irregularities and protect its infringed rights in
accordance with the terms and conditions of these Terms and provisions
of the applicable law; and
3.3.3 have 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
have given your consent to the Agency (its partners or affiliates) to
act in the name and on your behalf as your representative in the process
of Booking placement and payment for the ordered services to the
Service Providers/Carriers, which is limited to what is required from
the Agency acting as an agent (intermediary). If it is required due to
the service purchased by you, you are deemed to have given your consent
to, agreed to and understood that the Service Provider/Carrier or the
Agency (its partners or affiliates) may debit your account for the
services.
3.4. Amendment to these Terms.
The Agency may, at its sole discretion, from time to time make
amendments to the terms and conditions of these Terms of Service which
will apply to your subsequent Booking. The Agency will publish
amendments on this Website having specified the date of a recent edition
of these Terms. The Agency is not obliged to notify you of the
amendments to the Terms, but to publish the amended Terms on this
Website. The amendments shall take effect as of the date of publication
of the Terms with the amendments hereto on the Website. You shall check
for the updates of the Terms and their latest version of the Terms on a
regular basis. You understand and agree that your explicit acceptance of
these Terms and/or use of this Website after the date of publication of
the amendments will constitute your full and unconditional acceptance
of the modified terms and conditions of the Terms. 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 Russian for information purposes and for your convenience and information only.
The Service Provision
Rules/Fare Rules, which are available when placing the Booking (stage of
Booking dialogue box), can be provided in English and with available
automatic translation into the other language chosen by you. When
placing the Booking, you are deemed to have agreed to such terms and
conditions in respect of presentation of information on the Service
Provision Rules/Fare Rules and shall get acquainted with them and
receive advice on their text, 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, you shall contact
the Customer Care Service. Booking placement confirms your full and
unconditional consent to the Service Provision Rules/Fare Rules, and you
shall be solely responsible for all risks associated with ordering the
Services under the agreed conditions. When Ordering the Services (one or
more), you shall check on your own for contradicitons between the
Service Provision Rules/Fare Rules for each Service.
You hereby
acknowledge that the terms and conditions of these Terms, the Service
Provision Rules/Fare Rules for each particular Service and any other
notifications and information on the Website are set out clearly,
comprehensively, unambiguously and in an easily accessible form. If you
have any questions about the information provided on the Website and in
the Terms, please contact the Customer Care Service.
3.6. Preconditions of Services and Agency Ancillary Services Provision.
The Agency enables placement of Service Booking 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 enter into direct contractual
relationships with the Service Providers/Carriers. Since the time you
placed your Booking, the Agency shall act only as an intermediary
between you and the Service Providers/Carriers. The Agency shall
transmit only the details of your Booking and shall not be a provider or
co-provider 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 Service provision. The Service Providers/Carriers
that provide travel and other Services, which are available on the
Website, are independent contractors and are not dependent agents or
employees of the Agency. The immediate Carrier/Service Provider shall be
fully responsible for the provision of the Services for
Passenger/Customers.
The Agency Ancillary 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.
3.7. In some cases, this Website may be used as a technological platform,
marketplace and/or advertising space for the third-party services. In
these cases, the Agency acts as a mere Website operator and by no means
and under no circumstances shall be considered as an agent of such
service provider and is not responsible for the actions or omissions of
its external Partners, whose services are available via Website. These
service providers operate in conformity with their separate service
agreement. Herein, the Agency may act as the Passenger’s/Customer’s
agent and facilitate the booking of the third-party services on behalf
and under the instructions of the Passenger/Customer, however the
contractual relationship will be created between the Passenger/Customer
and such third-party service provider and is governed exclusively by the
third-party service agreement. Any claims by the Passenger/Customer
relating to changes in terms and/or conditions of these services shall
be directed to the particular third-party service provider and are
processed by the third-party service provider in conformity with its
rules and procedures.
4. RULES AND TERMS OF USE OF THE WEBSITE AND SERVICE PROVISION
4.1.
Website Use Rules and Precautions. If you continue using this Website,
you are deemed to have agreed to the following mandatory rules and
precautions in respect of Website use:
4.1.1.
You are a natural person who is 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 the
terms of these Terms.
4.1.2. You shall
use the Website only for your personal needs not related to business
activities, and in accordance with the Terms and effective and
applicable laws.
4.1.3. You shall place
the Booking and use the Services under the Service Provision Rules/Fare
Rules of your chosen Service Providers/Carriers which provide a
particular Service, and you shall use the Agency Ancillary Services
based on these Terms and information provided under these Terms.
4.1.4. You
are deemed to have agreed and acknowledged 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 construed as
encouragement to act or explicit recommendation or preference for one of
the Service Providers/Carriers. You shall use this information and
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 placed on this
Website and provided by the Agency. Before making any decisions, you
agree to learn all available information about the services (including
the information, which is a reference to external sources of
information), and get advice from a qualified expert or receive
information available from other sources.
4.1.5. Your Data.
You are deemed to have agreed that all information you have provided 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 in a timely
manner, check for their accuracy and relevance. You are deemed to have
acknowledged that all information about the Passengers you have
specified when placing the Order is reliable, accurate, actual and
complete. You shall check whether the changed data which differs from
the data in the “My Account" section, is saved (update the browser page
of the Website) before confirming the Booking and its payment. You are
fully and solely responsible for the information transmitted by you in
the Booking System to place and pay for the Booking. The information you
provide to receive the Services/Agency Anciliary Services, including
personal and other data of the Purchaser/Customer shall be entered by
you. Thus, you shall not make any claims against the Agency for
incorrect and other data entered in the Booking (for instance, claims
related to an error in passport data of the electronic digital
document/ticket form).
4.1.6. Feedbacks.
You are deemed to have acknowledged and agreed that comments/feedback
left by you on the Website or sent to the address of the Agency, or left
on any other web resource or social media, which are directly or
indirectly related to the Agency, may be publicly available and
published on the Website, any other web resource, social media on your
behalf to inform others about your opinion on the Service/Agency
Ancillary Service used. You shall be fully and solely responsible for
posting feedbacks and shall not specify there: your personal data or
personal data of third parties; profanity or information that violates
public order or third party rights; 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 and deleting of feedbacks shall
be performed at the Agency’s sole discretion.
4.1.7. Electronic Means of Communication.
You are deemed to have agreed to use electronic means of communication,
including, but not limited to: (i) email and (ii) SMS messages
(hereinafter include collectively or separately: SMS, push-messages, WhatsApp, Viber-messages, or messages of other type or mode of
transmission at the mobile phone number you have specified on the
Website) in the use of the Website, providing access to the "My Account"
section, Booking placement and obtaining of information about services,
as well as electronic delivery of messages (email, SMS messages)
associated with the use of the Website, Booking of the Services or
Agency Ancillary Services.
To properly place the Booking and
receive the Services or Agency Ancillary Services, you need to enter a
valid (correct) email address and a valid (correct) mobile phone number,
and you shall be deemed fully and solely liable for entering such data.
The Agency is not obliged to check and shall not be liable for any
incorrect or misspelled email address or incorrect mobile phone number
or configuration of your email service (spam filters, etc.) and,
respectively, for failure to obtain adequate notifications of the
created Booking or order of the Agency Ancillary Services, including but
not limited to the notifications of departure date/time change, arrival
date/time change, flight cancellation, etc. Changes and corrections of
errors in an email address or mobile phone number (if it is technically
available on the Website) shall be carried out by the User on their own
in the "My Account" section or, if it is possible, by the Customer
Care Service according to the User’s request and their personal
identification data.
In case the Agency sends
messages/notifications to your email/mobile phone number specified by
you when creating the Booking/registering on the Website, which appeared
to be incorrect or misspelled, you are entirely and solely liable for,
have a legal responsibility for, and bear risks associated with the
possible consequences of using incorrect email/mobile phone number, as
well as for third party actions. You shall not make any financial,
moral, legal and other claims against the Agency in case the wrong email
address and/or mobile phone number has been specified.
4.1.8.
You are deemed to have agreed that the Agency may monitor (control) and
record telephone calls coming into the Customer Care Service and implement
selective audit of emails to ensure proper service level and staff
qualification improvement, fulfillment of obligations or exercising of
rights stipulated by these Terms, as well as use of, exercising of and
protection of its rights and legitimate interests related to legal
relations arising out of these Terms.
4.1.9. 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) business days of
the receipt of the request.
4.1.10. The Legitimacy of Emails and Booking System Data.
You are deemed to have agreed and acknowledged that (i) all emails sent
to you by electronic means of communication through the Website or by
the Customer Care Service according to your request (or otherwise agreed by
the Parties) are equal to communications on hard copy; and (ii) all
electronic and system data stored in the Booking System of the Agency or
in GDS, collectively or separately, are deemed mandatory, appropriate
and sufficient evidence in solving possible claims/disputes, including
those of legal nature arising out of or in connection with these Terms.
4.1.11. Actions on Behalf of Third Parties.
You shall use this Website and the services available through the
Website only for yourself or other natural persons on whose behalf you
have the legal right to act and assume the respective rights and
obligations. You hereby acknowledge that such other natural persons have
authorised you and you have the legal right on their behalf to select
and buy the Services/Agency Ancillary Services, as well as to give your
consent to process their personal and payment data necessary for
ordering the Services.
You shall timely, entirely and before
placing the Booking inform such natural persons of the terms and
conditions of these Terms and reservations specified therein, including
all the Service Provision Rules/Fare Rules and restrictions that may be
applicable to them in respect of order of, purchase of and use of the
selected services. Responsibility for the consequences of a failure to
notify, as well as for the actions of such third persons, caused by such
failure to notify, rests solely with the Purchaser.
Prior to
Booking placement, you shall notify such other third parties that they
are not a party to these Terms and have no right to bring any claims,
file any lawsuits, petitions, etc., against the Agency, which are
related to the Services/Agency Ancillary Services you have ordered in
their favour (on their behalf).
Such natural persons shall be
informed 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, and the identification of such persons by the Customer Care Service will be carried out on the basis of the data available in the “My
Account” section or your email address/phone number. You shall promptly
and entirely notify natural persons on whose behalf you act, of any
changes, clarifications, cancellations, etc., related to the ordered
services and any information about the ordered services you have
received via email or SMS message or by any other 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 you.
4.1.12. Security of the "My Account" Section.
If you have registered on the Website and received access to the "My
Account" section, you shall protect information on your registration
data, including login and password (received via email or SMS message),
control it, take all measures necessary to prevent unauthorised access
by third parties and be fully liable for your and/or third party’s use
of the "My Account" section. If you have any suspicions about possible
unauthorised access by third parties to your "My Account" section, you
shall immediately inform the Customer Care Service. Any action
taken through the "My Account" section will be deemed to have done by
you.
4.1.13. Agreement with the Service Provider/Carrier. You
are deemed to have agreed that all agreements on Service provision by
Carriers/Service Providers, information about which is available in the
Website Services, are concluded between you and the Service
Providers/Carriers. You agree and are fully aware that under no
circumstances shall the Agency be deemed a party to such agreement
concluded between you and the Carriers/Service Providers. If you do not
agree to the Service Provision Rules/Fare Rules and terms and conditions
of such agreements with the Service Providers/Carriers, you shall not
place any Booking of the Services. By accepting the set terms and
conditions, you shall be entirely and solely liable for compliance with
the Service Provision Rules of the chosen Service Provider/Carrier and
shall undertake, including, but not limited to, the following: to
fulfill the provisions and terms of purchase of the Services, to make
payment in full and within the defined terms and according to the
established fares, taxes and charges, rules and restrictions of the
Service Provider/Carrier, Booking void/change/refund policy. You are
deemed to have confirmed that you have read and unconditionally agreed
to the terms of service of the Service Provider/Carrier if it is
available on the selected Website Service, where you place the Booking,
and which is a separate agreement. The Acceptance of these Terms shall
not supersede the acceptance of the terms of service of the Service
Provider.
4.1.14. Agency Ancillary Services and Offers.
By placing the Booking, you are deemed to have agreed and authorised
the Agency to collect information about your placed Bookings and contact
details on the Website in order to send messages about special offers,
promotions and ancillary services available on the Website; offer paid
or free of charge Agency Ancillary Services, such as a service of flight
delay or cancellation notification in the form of an SMS message;
search service 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 Booking dialog box, where the Agency Ancillary Service is offered,
its price is either included in the total price of the Booking or is
proposed to be paid separately. The terms and conditions of Agency
Ancillary Service provision are availabke on the Website prior to
Booking placement. By ordering the Agency Ancillary Service, you shall
be fully and solely liable for compliance with the terms and conditions
in respect of the provision of the Agency Ancillary Services and
undertake, including, but not limited to, the following: to fulfill the
terms and conditions of Agency Ancillary Services purchase, settlement
of all amounts payable in due time and in accordance with the
established fares, rules and restrictions set by the Agency.
4.1.15. Changing Information on the Website. The
Agency has the right, at its sole discretion, before accepting the
order, to do the following: enhance/delete the existing Services of the
Service Providers/Carriers, Agency Ancillary Services, Website Services
and functions; change the design; loyalty program rules; enhance/delete
the payment methods available for payment for the Booking on the
Website; change the amount of a Service Fee and the price of the Agency
Ancillary Services charged when ordering, purchasing, voiding, changing,
refunding for the Services, change the price of the Agency Ancillary
Services. The Website may include certain discrepancies or outdated
information that on the time of Booking placement is not relevant and is
provided for information purposes only.
4.1.16 Error Correction.
The Agency reserves the right to correct any errors (including those in
financial information) on the Website and in the Bookings placed (paid
or unpaid). If in your Booking the price of the Services has been wrong,
you will be offered (if possible): (i) to change the Booking by
correcting the incorrect (wrong) price to the correct (right) price, or
(ii) cancel the Booking without imposing penalties.
4.1.17 Unlawful Acts and Fraud.
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 of the Website address bar,
attempt to intercept any data and personal information processed by the
Website; perform actions that cause congestion in the Website
infrastructure, 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 are
deemed to have acknowledged and agreed that the terms of use of the
Website prohibit creating multiple accounts at a time, intentional
misrepresenting of personal information, impersonating of any person,
placing of fictitious Bookings, etc. Any fraud (fraud attempts)
regarding the use of the Website, as well as making payment by payment
cards on the Website, shall be investigated and the persons 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
flight check-in or other use of the Services.
4.1.18 Restricted Access to the Website. You
are deemed to have agreed that the Agency has the right, at its sole
discretion, to deny anyone access to this Website, use the "My Account"
section and Booking placement, suspend the access to the Website and
ordering the Services by having blocked the access to the Website and/or
deleted the created "My Account" section in order to carry out
scheduled and unscheduled technical and preventive operations, or in
case of breach by the User of the terms and conditions of these Terms,
at any time and for any reason whatsoever, without explanation and prior
notifications.
4.2. Service Ordering Rules and Warnings4.2.1. Compliance with the Service Provision Rules.
By placing the Booking, the Purchaser and Passengers shall get
acquainted and are deemed to have agreed to the these Terms, the Service
Provision Rules/Fare Rules of the Service Providers/Carriers that apply
to the chosen Services, terms and conditions of provision of the Agency
Ancillary Services (if applicable), including the terms of ticket
void/change/refund (as well as to the terms and conditions in respect of
the connecting flights by the Carriers, in case of issue of a transfer
ticket (if the time is enough to make a transfer, issue transit visas,
etc). Any violation of these Terms and the Rules of Provision of the
Agency Services or Agency Ancillary Services may result in cancellation
of the Booking, denial of access to the acquired services, without a
refund of the money paid for them; charging of your advance payment
without a refund; reimbursement at your expense, of all losses incurred
by the Agency or the Service Provider/Carrier as a result of such
breach, under these Terms.
Ticking the dialog box (opt-in) on the
Website before Booking placement is the sufficient proof of the fact
that you got acquainted with and agreed to these Terms, and shall be
deemed appropriate and sufficient evidence in any proceedings. Booking
placement with nominally ticking the dialog box (opt-in), i.e. without
actual reference to these Terms may adversely affect the
Purchasers/Passengers. Ticking the dialog box (opt-in) on the Website
before Booking placement and getting acquainted with the Terms is an
unconditional and integral process of Booking placement on this Website.
Thus, you shall not litigate this fact, namely the fact of ticking the
dialog box (opt-in), in case of any disputes, and in any proceedings.
4.2.2. Choosing the Services.
All stages of Booking placement: choice of the volume and type of the
services, route and date selection, flight selection, accommodation
selection, entry of Passenger data (Passengers on whose behalf/for whom
the Booking is placed) and Purchaser data, payment method selection are
exceptionally sole and acknowledged choice of the Purchaser. The
information specified by the Purchaser, when placing the Booking, is
automatically recorded in the Booking System, global distribution system
and/or internal booking system of the Service Provider/Carrier for
further confirmation of the Booking and provision of services. Some
Service Providers/Carriers may require the Purchaser to agree and sign a
liability waiver before using the services they offer. If you disagree
with these terms, you shall not place the Booking and shall not use the
Services.
4.2.3. Amendments to the Service Provision Terms and Conditions.
All offers, prices, service types and terms and conditions thereof, as
well as the Service Provision Rules/Fare Rules may be: changed without
sending any notification to the Purchaser, limited/available according
to the time frames, availability of seats and terms of the preliminary
Order, dates of travel, minimum or maximum length of stay at a
destination, weekends and holidays, seasonal fluctuations in prices,
waiting lists, as well as strikes and temporary failure or shutdown of
the booking systems and/or may be changed due to other changes,
conditions and restrictions. The Agency shall inform the Users of the
change of terms, volume and range of the services or the inability to
fully or partially perform the service paid, by sending an email or SMS
message at a mobile phone number, only if it has obtained such
information from the Service Providers/Carriers. Such notification is
only an Agency information service. In case of nonreceipt of the said
information from the Service Providers/Carriers, the Agency shall be
released from liability to Users, as it is not a party to the agreement
between you and the Service Provider/Carrier.
4.2.4. Beginning of Service Use (Receipt). The
Passengers/Customers shall be obliged to come to the place of Service
provision in time (i.e. at time defined by the Service Provider/Carrier)
and shall be solely responsible for no-show or arriving late in the
place Service provision or the inability to use the Service due to
non-compliance with these Terms or the Service Provision Rules.
4.2.5. Adherence to Customs and Border Formalities and Duly Completed Documents for Service Use.
The Purchaser and Passengers shall be responsible for the following:
preparation of, availability of and correct issuance of the visas and
documents required for crossing the border of countries of transit (even
if the Passengers do not leave the airport or plane) and the country of
arrival; timely providing the Agency with passport, 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 or Service Provider. The Agency shall provide information
reference on customes and border formalities on the Website before
Booking placement.
The Purchaser and Passengers are deemed to
have confirmed that they are aware of and shall, on their own, fulfill
all the requirements of the country of departure, transit country and
the country where they are heading for, including requirements for
international passports and other formal documents, including conditions
regarding the remaining period of validity of the international
passport required for visa and entry into the country of arrival: visa
issuance, purchase of a return ticket when entering the country with a
visa-free regime; compliance with other requirements necessary for entry
into the country (availability of health insurance, the need for
vaccination, proof of sufficient funds, availability of a return ticket
etc.); issuance of the documents for traveling of minors under the age
of 18 (eighteen) years; issuance of the documents to transport animals
and plants, and conditions of their placement at the place of Service
provision; permits for the transportation of equipment, musical
instruments, weapons, art treasures, and any other permits and
approvals. The Passengers shall be solely liable for the validity of
foreign passports, exit permits for minors required for crossing the
border and other documents necessary for Service use, as well as for the
accuracy of the information contained in these documents. The Passenger
is obliged to obtain the necessary information about 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.
The Purchaser and Passengers are deemed to have
confirmed that they are aware of the customs requirements and rules and
border formalities of the country of departure and transit countries,
baggage allowance rules, as well as the rules of conduct in the country
of transit or arrival, and shall comply with all these rules.
4.2.6 Means of Technical Support of the Website and Information Support of the Services. The Customer Care Service works 24 hours a day. To receive consultation, contact the Customer Care Service:
- tel: +995322196530 (round-the-clock, payment according to operator tariffs);
- Email: [email protected].
If
you contact the Agency in any other way than the one specified in this
clause of the Terms, your request may not be accepted. You are deemed to
have agreed that the Customer Care Service shall not handle any 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
specified address. You shall not make any claims against the Agency due
to your failure to contact the Customer Care Service if there was something
you did not understand about the Services/Agency Ancillary Services
while placing the Booking, but in spite of this, you placed the Booking.
4.2.7 Contacting the Customer Care Service for information on the Bookings/Orders and/or issues related to access
to the "My Account" section may require authorization/customer
identification. The list of questions and information required for the
authorization of the Customers by the Customer Service shall be defined
and changed solely by the Agency and at any time. Passengers on whose
behalf/for whom the Booking has been placed shall be notified by the
Purchaser that for the purposes of their authorization, the Customer
Care Service may require information that is available only to the Purchaser
who placed the Booking through the "My Account" section. The Agency
shall not be responsible and shall not compensate for any expenses
caused by failure to comply with the authorization process by the
Customer/Passenger when contacting the Customer Care Service.
4.2.8
You are deemed to have agreed that the Website use rules set forth
shall also apply to cases where you obtain access to the Website (its
separate pages or the Services), while you are on other websites that
enable full or partial view of this Website.
5. REGISTRATION ON THE WEBSITE
5.1.
In order to use the services of the Website, you shall register on the
Website and obtain access to the "My Account" section. When registering
you shall 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 (during the complete registration on the Website).
The
list of information required for registration/authorization on the
Website may be changed by the Agency at its sole discretion, whereby
such changes do not require the corresponding amendments to these Terms
on a compulsory basis.
5.2. Access Password. In express
registration and automatic registration on the Website, 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. Registration Methods. There are three options to register on the Website and obtain access to the "My Account" section:
Complete registration through the relevant registration form on the Website.
Express
registration on the Website using social media profile, whereas further
provision of the data necessary for ordering the services is required.
Automatic
registration on the Website and getting access to the "My Account"
section after the placement of the first Booking. In this case, the
first Passenger’s data will be used to enter it in 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 in to the "My Account" section by logging
in via SMS message that will be sent to 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 PROCEDURE
6.1. General Rules. Booking6.1.1.
By placing the Booking on the Website, the Purchaser shall provide
their personal data and personal data of the Passengers/Customers if
needed for specifically selected Service:
- last name and first name;
- 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.
The
list of information required for Booking placement on the Website may
be changed by the Agency at its sole discretion, whereby such changes do
not require the corresponding amendments to these Terms on a compulsory
basis.
6.1.2. Passengers/Customers with
the personal data specified in the Booking, which contradict the data
specified in the ID card or are mixed up (the last name is specified
instead of the fist name or vice versa), shall not be entitled to
receive the Service.
6.1.3. When placing
the Order, you shall fill in all the fields that are marked in the
Booking System as "required" to be filled in. The Bookings you have made
(all the steps in the dialog box have been completed) are automatically
processed by the Booking System on the Website. All Bookings placed are
available for view in the “My Account” section.
6.1.4.
When you place the Booking, the Booking System may offer you ancillary
services of the Carriers/Service Providers and/or Agency Ancillary
Services (for example, insurance of baggage during flight time, or SMS
notification, etc.). In this case, the Booking System will automatically
tick the dialog box (opt-in) next to the offered Agency Ancillary
Service, which may be useful (be of interest to) for you. When placing
the Booking you have to check the corresponding marks ("opt in"). If the
ancillary services of the Carriers/Service Providers and/or Agency
Ancillary Services offered by the Booking System, are not relevant to
you, you have to remove such mark ("opt out") when placing the Booking
before payment. If the ancillary services of the Carriers/Service
Providers and/or Agency Ancillary Services offered by the Booking System
when placing the Booking are not relevant to you, but you did not
remove the marks ("opt out") when placing the Booking, such ancillary
services of the Carriers/Service Providers and/or Agency Ancillary
Services will be deemed relevant to you and will be included in the
Booking with further payment. You shall not bring any claims, file any
lawsuits, petitions, etc., against the Agency, which are related to the
fact that the Services/Agency Ancillary Services offered by the Booking
when placing the Booking, were not relevant to you, but you failed to
remove such marks ("opt in") when placing the Booking before its
payment.
6.1.5. Changing Booking Data. Please
note that change of any of the Passengers’/Customers’ personal data in
the ticketed Booking (including error correction), route and date
change, etc., may result in loss of the agreed fares, based on which the
Booking was ticketed, as well as it may result in any surcharges.
Changing of personal or other data of the Passenger/Customer in the
Booking may be ground for a ticket refund and issuance of new tickets
under new fares and new cost. When making changes to the Booking placed,
the Purchaser shall undertake all possible financial risks associated
with including but not limited to financial risks related to fare cost
loss/fare change under which the Service has been paid, ticket
change/refund, payment of a Service Fee due to the changes made to the
Booking, necessary additional surcharges, penalties/fines, placing of a
new Booking, refund of the money paid, currency conversion costs when
refunding, etc. 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 shall not and cannot be responsible for and
shall not incur the expenses related to your incorrect, incomplete or
inaccurate completion of personal and other data of the
Passengers/Customers.
6.1.6. Cancellation of Unpaid/Paid Bookings.
The deadlines of Booking payment are defined by the Carriers/Service
Providers. The Agency cannot influence the change of the deadline for
payment for the Services and shall not be responsible for the
cancellation of such Bookings.
Your Booking will be
automatically canceled in the Booking System without paying a penalty in
the following cases: (i) if the services were canceled (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) within the period you were passing all the steps of the
Booking; (ii) if the services were cancelled (sold out) by the
Carrier/Service Provider within the period you were entering the
One-time code for payment confirmation,; (iii) if within the specified
period, you did not pay/confirm payment for the Booking.
You
hereby agree and fully understand that in case of cancellation of the
Booking and its repeated placing (similar to the cancelled one), the
cost of the Services defined in such repeated Booking may be different,
as well as exceed the cost of the services that was defined in the
cancelled Booking.
6.1.7 Order Confirmation.
All Bookings and their status are available for view 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 processing of your
Booking by the Booking System, a notification of its status may be sent
via email and/or mobile phone number from the Agency or Service
Provider/Carrier. The service is considered to be provided by the Agency
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, ticket form), or (ii) sending the appropriate confirmation
and/or electronic digital document of the paid Booking or confirmed
Booking (e.g., e-ticket/itinerary receipt, electronic voucher, insurance
policy, ticket, ticket form) to the Customer’s email or mobile phone
number. The time of electronic digital document submittal shall be
deemed the date and time when the Agency cannot cancel its sending.
Since then, the electronic digital document shall be deemed to have been
received by the Customer.
6.1.8 Electronic digital document/ticket form
for the selected Service type is sent to the Purchaser’s email
specified when placing the Booking, or is 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, etc.) 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 of 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, if such payment is provided for the selected
Service and the confirmation has been sent by the Carrier/Service
Provider.
Please note that some of the digital electronic
documents shall be exchanged for tickets directly at the box office of
the Service Provider/Carrier before using the Services. The Bookings not
paid on the Website provide for payment at the box office of the
Service Provider/Carrier before the beginning of Service provision. The
Customer is hereby notified that in case of failure to exchange digital
electronic documents/ticket forms for actual tickets (if applicable),
they will not be entitled to use such, and the Agency shall not be
liable in such a case.
The Passenger shall check email, and other
means of communication specified during the Booking, regarding the
receipt of information on the placed Booking and/or the electronic
digital document of the paid Booking or confirmed Booking, as well as
information defined in the received electronic digital document. The
Passenger shall check the information specified in the electronic
digital document and print it out on their own. The Carrier/Service
Provider before using the Service may request the Passenger’s/Customer’s
ID card or the paper ticket. The Carrier/Service Provider may deny
providing you with the Services if you do not have the valid ticket,
documents that identify you and other documents necessary for Service
use.
6.1.9 Notification from Service Providers/Carriers.
If it is provided for by the appropriate Service, you may also receive
notifications from the Service Providers/Carriers in respect of your
Booking. The Agency shall not control and shall not be responsible for
any exchange of messages between you and the Service Providers/Carriers
that takes place without the use of this Website.
6.1.10 Discounts and Special Offers.
Special offers, discounts and promotions shall be clearly specified and
applied in accordance with the rules specified therein and during the
defined period. If the Service involves obtaining discounts for a 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
Service use. The age of the Customer/Passenger shall be confirmed by the
relevant document (passport/birth certificate of the child/another 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. Payment6.2.1. Choosing Payment Method and Billing Details.
The Purchaser shall choose a convenient method of payment for the Order
among the possible methods for this Service and the type of the Service
available on the Website at the time of Booking placement. The payment
methods, which are not provided for and are not available on the Website
to make and confirm the payment, shall not be accepted.
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 cardholder name, and is deemed to have agreed to the
processing of their personal and payment data by the Agency/Service
Provider/Carrier/Payment System for funds transfer for the Booking
placed.
The Agency may provide you with one and several options
of payment methods for Booking payment, depending on service types which
are included in the Booking and terms and conditions of the agreement
concluded between the Agency and the relevant Carrier/Service Provider.
The Agency shall have the right at any time and at its sole discretion,
to change/delete any payment methods on the Website without the
obligation to make any notifications and amendments to these Terms on a
compulsory basis.
6.2.2. Authorization for Payment Transaction Processing.
After selecting and confirming the method of payment for the Booking,
the Purchaser shall authorize either the Agency (its partners or
affiliates) or the Service Provider/Carrier/Payment System to debit
through the selected payment method the full price of the Booking
specified on the Website from the payment card/bank account defined by
him/her, including Service Fees, commissions, corresponding surcharges
for transfer, the amount of possible currency conversion and exchange
difference to be applied to the payment for the said Booking, and you
authorize these entities to use your payment and personal data for (i)
the purchase of your ordered Services, (ii) processing of refund, if
necessary, and (iii) for other purposes, which are necessary for the
fulfillment of these Terms and performance of your Order. You are hereby
fully aware of and agree that at the time of payment for the Booking,
the Agency is not aware of the amount of additional costs for payment
transaction processings.
The Agency may request you to and you
shall provide a bank statement for financial dispute settlement related
to the payment for Services/Agency Services, refund due to your denial
of the Services/Agency Services, as well as to solve other financial
disputes.
When 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, and
you shall not litigate this fact in case of any disputes and in any
proceedings.
6.2.3 Sufficiency of Funds to Pay.
At the time of Booking payment by means of payment card/bank account,
the Purchaser shall have a sufficient amount of funds required for the
full payment of the Booking, including possible additional costs
associated with the processing of payments, currency conversion or
exchange difference. The balance in the payment card/bank account shall
be sufficient to cover all such additional costs. The Agency shall not
be responsible for Booking cancellation and the costs incurred by the
Purchaser due to the lack of funds on the Purchaser’s payment card/bank
account.
6.2.4 Payment Transactions.
When placing/ticketing the Booking, the funds on the payment card/bank
account may be blocked with their further debiting. Payment card debit
may be performed by the Agency/Carrier or Service Provider in one
payment or multiple payments (for example, for each ticket separately,
when booking multiple tickets/hotel rooms simultaneously, or for each
service separately, when ordering multiple services simultaneously).
Charging of the funds may occur both at the time of Booking placement or
within 30 (thirty) business days and more after Booking placement under
the rules of the Service Provider/Carrier. The Purchaser shall take all
measures to enable the Agency or Service Provider/Carrier 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 Payment Transaction Verification. The
cardholder shall use it in accordance with the laws and the terms and
conditions of the agreement concluded with the issuing bank, and shall
not allow to use the payment card by persons who do not have the legal
right or authority to use it. To avoid cases of various kinds of misuse
of payment cards, all the Bookings placed and paid by the payment card
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
on the Website.
The Agency reserves the right to deny you the
provision of the Services or additionally request the copies of 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 passport pages containing personal data;
- 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’s payment card, and the funds that were
blocked on the Purchaser’s card shall be unblocked.
Please note
that the verification of payment transactions is carried out by the
Agency only during Agency 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 as a result of such verifications.
6.2.6 Currency.
Settlements between the Purchaser and relevant Service
Providers/Carriers shall be made/processed according to the settlement
rules established by them/issuing banks. In this case, the currency
charged to the Purchaser’s account may differ from the currency
specified on the Website. By placing the Booking you are deemed to have
agreed that you have been notified of the terms and conditions of the
pricing of the Booking, currency to be charged to the account, payment
and currency exchange terms, and you are deemed to have entirely and
unconditionally accepted the defined payment terms.
6.2.7 Additional Costs for Payment Transaction Processing. The
Purchaser shall be entirely and solely responsible for all commission
costs, the amount of possible conversions and exchange difference, as
well as other specified expenses that may be added to the price of the
Booking by the issuing bank of the payment card/payment system, operator
of payment infrastructure services. The Purchaser shall get acquainted
with the rules, tariffs and commissions of the bank, currency exchange
rates and currency conversion rates, which may be applied to Booking
payment on the Website. You are deemed to have accepted and agreed that
the Agency shall not compensate the Purchasers for the expenses incurred
in cases of additional conversions and exchange rate differences, since
it shall provide the Purchaser only with information on pricing policy
of the Carrier, but is not involved in establishing the interaction
policy among the participants that serve payment transactions since
their formation and until debiting the Purchaser’s account, as well as
during the remittance of funds to the account as a result of the return
of documents which confirm the Service. Before paying for the Services,
the Agency recommends that you consult a qualified specialist to receive
information on all the details of your payment transaction.
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 not be accurate and differ from the actual 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.
Since the request for payment card debit may be carried out by foreign
Service Providers/Carriers, the issuing bank of the payment card may
consider the Booking as an international transaction, and the Purchaser
may incur additional expenses.
- Currency exchange rate and the
amount of fees for an international transaction shall be determined
solely by the issuing bank of the Purchaser 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 payment on the
Website.
- If the Booking is made outside the country where the
payment card is issued or the currency of the payment differs from the
currency of the payment card, the bank may convert the payment amount 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 payment transaction confirmation may be in
local currency, and this amount may be different from the amount
indicated on the summary page of Booking payment on the Website.
- Currency
conversion and bank fees may occur both at the stage of payment and at
the stage of a refund when Booking cancellation is carried out.
6.3. General Rules. Refund6.3.1.
The Purchaser shall always be refunded their money, which have been
paid for the Booking, pursuant to these Terms, the Service Provision
Rules/Fare Rules, other rules and recommendations, etc., including those
from the Carrier/Service Provider that are applicable to the submission
and processing of a Service refund request, and the requirements of the
applicable law.
6.3.2. Refund
processing procedure and technical procedure of refunding the Purchaser
their money shall be regulated by the Service Provision Rules/Fare Rules
for each separate Service the bought Service relates to.
6.3.3.
The Agency is entitled to require the Purchaser, who initiates a
refund, 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 financial disputes. By submitting a Service
refund request, the Purchaser shall provide the Agency with detailed
reasons for Service refund to the highest possible extent. The Purchaser
is entirely and solely responsible for failure to submit the necessary
documents, as well as for failure to provide the Agency with sufficient
reasons for the Service refund.
7. ADDITIONAL CONDITIONS OF WEBSITE SERVICES USE
7.1. Flight Tickets Service. General Terms and Conditions7.1.1.
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 the
following link.
7.1.2.
By placing the Booking, you are deemed to have acknowledged and agreed
that any terms and conditions of the Flight Tickets Service may be
informed to you just before Booking placement (at each stage of Booking
placement), as well as sent to your email address/mobile phone number at
any time before or after Booking placement.
7.1.3.
All legal relationship related to the booking of flight tickets and/or
ancillary services of the Carriers, including but not limited to:
booking and ticketing rules; payment rules; fare rules; rules of
cancellation/refund of traffic documents (electronic tickets), as well
as making changes to them; rules of ticketing of and cancelation of the
ordered ancillary services of the Carriers; other terms and conditions
of Service provision by the Carriers, shall be regulated by the Service
Provision Rules of the corresponding Carriers, Fare Rules for a
particular flight ticket, carriage contract, IATA Agreement, these
Terms, as well as other rules of the applicable law and international
legal norms.
7.1.4. You are hereby
notified that the Carrier does not always provide the Agency
with/publish in the global distribution system information on
cancellation/delay of flights, or other changes in respect of a flight
ticket, and therefore you yourself are required to monitor flight
information, which is included in the ticket.
7.2. Flight Tickets Service. Booking7.2.1.
As a general rule, it is possible to buy a flight ticket on the Website
364 days prior to the date of the flight and at least 4 (four) hours
before the departure time of the chosen flight. In case of any doubts,
buy flight tickets with the help of the Customer Care Service.
7.2.2.
Baggage carriage rules are defined in the Fare Rules and are available
when making the Booking. Depending on the fare of a flight ticket, the
Passenger may carry with them a certain volume of baggage for free. The
Purchaser shall get acquainted with the baggage carriage rules on their
own and is deemed to have agreed that the baggage carriage rules of each
particular Carrier may differ, vary in different tickets in one Booking
(in segment ticketing) and differ in the Booking of each Passenger
separately (in a multifare 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.
7.2.3. The
Purchaser may clarify with the Customer Care Service the availability of and
order ancillary services of the Carrier if those are provided by the
Carriers, namely: special menu, selection of seats onboard, animal
transportation, nonstandard or extra baggage, apply for assistance in
boarding of/disembarking of disabled persons, services to accompany
children, and others. Some of the ancillary services of the Carriers are
available during Booking placement of flights of certain Carriers.
7.2.4.
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. Before placing the
Booking, we advise you to consult with the Customer Care Service.
7.2.5.
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.
7.2.6. The
Customer shall not bring any claims, complaints, file any lawsuits,
petitions, etc., against the Agency, which are related to the unforeseen
circumstances which the Customer/Receiver has faced as a result of the
Customer's violation of the terms and conditions of these Terms, namely
as a result of the occurrence of an unforeseen situation the
Customer/Receiver has faced, if at the time of Booking placement the
information on rules, procedure and conditions of baggage transportation
was not available in the Booking System and/or Customer Care Service, and
the Customer failed to get acquainted with the rules, procedure and
conditions of baggage transportation and under the fare established by
the Carrier, prior to Booking payment.
7.3. Flight Tickets Service. Price. Payment Procedure and Ticketing7.3.1.
The price of flight tickets consists of fares, taxes and charges
imposed by the Carriers and airports. The price of a flight ticket may
include a Service Fee of the Agency (its partners or affiliates), bank
charges and surcharges for funds transfer. The total price of the flight
ticket is available in the Booking System at the moment of purchase and
may differ depending on the chosen payment method.
7.3.2.
Flight ticket fare is determined by the Carriers and is available in
the Booking System at the time of Booking placement/ticketing on an "as
is and as available" basis. The Agency shall not make any warranty as to
the possible change of flight ticket price from the time of Booking
placement and payment until actual issuance of traffic documents as the
Agency does not influence the fare policy of the Carriers.
7.3.3. When
placing the Booking, the Purchaser is notified (on the Website by the
time of Booking confirmation, or in the invoice, which is sent via
email) of the period set for the payment of the flight ticket.
Generally, the Purchaser is given up to 12 (twelve) hours to pay. In
some cases, the payment period may be 4 (four) hours or less. The
Purchaser shall comply with flight ticket payment terms.
7.3.4.
You are deemed to have been informed of and agreed that your Bookings,
which were placed and not paid within the specified time, may be
cancelled by the Carrier or the fare may be changed. The Agency shall
not be responsible for the cancellation of such Booking by the Carriers
and does not guarantee the preservation of fares when making a
re-Booking of the same flight tickets.
7.3.5.
The Fare Rules are valid at the time of Booking placement and may be
solely altered by the Carrier before the time of flight ticket issuance,
without notifying the Passengers. If the Agency issues a flight ticket,
and the fare is different from the one which was valid at the time of
Booking placement, the Customer Care Service shall notify the Purchaser of
fare change and is entitled to send the Purchaser an invoice to be paid
additionally. If the Purchaser does not agree to purchase the flight
ticket for the altered price, the Booking shall be cancelled and the
Purchaser is refunded their money under these Terms.
7.3.6. 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.
7.3.7. 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.7.3.8.
If the issuance of the paid flight ticket has been postponed at the
request of the Purchaser, then after the deadline determined for the
issuance of paid tickets expires, the flight ticket price or fare may be
changed by the Carrier, and the booked seats may be forwarded for
general sale.
7.3.9. When placing the
Booking or upon its ticketing, the Purchaser may be given the
opportunity to order ancillary services provided directly by the
Carriers (e.g., seat selection 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 may be charged the Agency Service Fee for the
processing of ancillary service requests.
7.3.10.
The Agency shall send a request to the Carrier for the order of
ancillary services only after payment confirmation from the Purchaser.
The proof of purchase of the Carriers’ ancillary services is an
electronic receipt sent to the Purchaser’s email.
7.3.11.
In case of nonconfirmation by the Carrier of the ordered ancillary
services, the Purchaser shall receive a full refund. In case of a refund
for the Carriers’ ancillary services at the Purchser’s request, the
refund amount shall be calculated in accordance with the Service
Provision Rules and Fare Rules of the Carrier excluding the Service Fee.
7.3.12.
Please note that the Carriers’ ancillary services and flight tickets
are cancelled, changed and refunded as separate Services and do not
depend on each other. Non-confirmation of ancillary service does not
lead to automatic cancellation of the flight ticket. In these cases, the
Customer Care Service shall inform the Purchaser of the possible options of
confirmation or cancellation of the flight tickets or Carrier’s
ancillary services. The Purchaser shall confirm the ordered ancillary
services within the terms notified by the Customer Care Service.
7.3.13. The
Agency shall not be liable for and shall not compensate for any
expenses associated with moving between terminals or airports.
7.4. Flight Tickets Service. Flight Ticket Cancellation, Refund and Change7.4.1.
In case of a flight ticket exchange/refund, the decision about the
refund amount and fines to be imposed shall be applied in each separate
case and solely by the Carrier and depends on the 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 a
ticket exchange/refund.
7.4.2. In case
of a voluntary flight ticket exchange/refund at the Purchaser’s request
(excluding fines and charges of the Carriers), the Agency has the right
to charge a Service Fee for its exchange/refund services as follows:
- GEL 65 to each Passenger’s account (except for infants up to 24 months) for a ticket change/exchange
- GEL 65 to each Passenger’s account (except for infants up to 24 months) for a ticket refund.
Additionally, the Agency may render a service of error correction in certain passport details, previously entered by the passenger, if possible and allowed by the Carrier. Such correction may be applied to passport serial number, its expiry date (if any), and Passenger's nationality, except Passenger's first and last names. For rendering the error correction service with respect to the mentioned passport details, the Agency charges each Passenger a Service Fee of GEL 10 per Passenger (except for children under the age of two).
7.4.3.
In case of an involuntary ticket exchange/refund, the Agency Service
Fee shall not be charged by the Agency. The involuntary ticket
exchange/refund shall be deemed circumstances defined by the laws,
Service Provision Rules/Fare Rules, and internal rules of each
particular Carrier.
7.4.4. In case of a
flight ticket void/exchange/refund, the price of the Agency Ancillary
Services, Agency Service Fee, as well as surcharges for funds transfer
shall not be refunded.
7.4.5. In case of
flight delay/cancellation, the Agency shall contact the Purchaser using
the contact details entered in the Booking and provide necessary
information in accordance with the terms and conditions of the Carrier.
7.4.6. 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. The determination of possibility of
making changes to or refund of flight tickets, their price, calculation
of the amount to be refunded shall be carried out on the date and at
the time when applying for a flight ticket refund or its exchange. 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.
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.
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 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.
7.4.8.
Cancellation (void) of a flight ticket shall be carried out only after
the Purchaser has confirmed in the "My Account" section the terms and
conditions of cancellation/refund/calculated refundable amounts when
cancelling the flight ticket. The Purchaser shall timely confirm the
terms of cancellation on the Website, and in case of delay, shall incur
all related damages itself. 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.
7.4.9. 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 cancelation may be reported to the Customer in the “My Account” section directly during creating a request for a refund/exchange/change of a ticket.
7.4.10. The funds for airline tickets which were paid directly to the Carrier (including the blocking and unblocking of funds on the Customer’s card) are returned pursuant to the terms and conditions set forth by the Carrier. For the Service of airline ticket refund, when money was paid directly to the Carrier, the Agency may charge a Service Fee in the amount specified in Clause 7.4.2. hereof. If the Agency’s Service fee exceeds the amount refundable, the Agency may charge 50% (fifty percent) of the amount refundable per passenger (except infants) as a Service Fee. The refund is made in order provided in Clause 7.4 hereof in the event that you pay the Service Fee.
7.4.11.
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.
7.4.12. 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.
The timing of refund shall be calculated from the date of confirmation
by the Purchaser of the refundable amounts in the "My Account" section.
7.4.13.
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.
7.4.14. The terms and conditions of a refund for
the ordered ancillary services of the Carriers (for example, payment
for excess baggage) shall be communicated to the Purchaser after the
request for refund was made and these Regulations are subject to the
direct agreement between Purchaser and the respective Carrier.
7.5. Flight Tickets Service. Peculiarities of the Flight Tickets Issued per Each Segment and Multifares7.5.1.
The Purchaser shall be notified of the flight ticket issuance method
(segment ticketing or multifare) in the Fare Rules before Booking
placement. The Purchaser shall get acquainted with the specified
conditions, and therefore shall make their choice of the conditions
regarding the Booking, its ticketing and payment.
7.5.2. Multifare Booking.
When buying flight tickets for two or more Passengers (at least 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 allows to reduce the total cost of the
flight. However, different classes of ticket fares in one Booking will
not influence the service class (business, economy) of the Passenger.
When booking multifare flight tickets, the Fare Rules may be different
for different Passengers in one Booking.
7.5.3. Segment Ticketing.
The issuance of a flight ticket shall be carried out per each flight
segment separately, and the Passenger shall have the opportunity to
place separate Bookings for each flight segment or select other
conditions of the trip. In case of segment ticketing, the Fare Rules may
be different for different flight segments in one Booking.
7.5.4. The
Service Provision Rules/Fare Rules shall be applied to each flight
ticket separately when ticketing is carried out per each segment or for
each Passenger when placing a multifare Booking. Thus, the following
conditions may vary:
- cancellation of, making changes to, refund for 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 in case of
flight cancellation/reschedule due to the Carrier’s fault. In this case,
the alternative solution or ticket refund will be offered to the
Passenger only for the flights issued in one flight ticket and for each
Passenger separately;
- peculiarities of
involuntary changes and flight ticket refund at the Passenger’s request.
In this case, a request for making changes to/refund for flight tickets
due to: (i) desease/death of the Passenger or their close relative,
(ii) visa denial, documents that provide grounds for the request shall
be considered for each ticket separately or in respect of each Passenger
separately.
7.6. Flight Tickets Service. Peculiarities of Flight Tickets of Low-Cost Carriers (Low-Cost Airlines):
7.6.1. When purchasing tickets for the flights of Low-Cost Carriers, the following terms and conditions shall be applied:
- When placing the Booking, get acquainted with the Fare Rules of the relevant Carriers on the payment page.
- The
Purchaser’s account may be debited directly by the Carrier or the
Agency. When processing payment transactions, the Carriers may charge
extra fees and commissions. The amount due on the Website may differ
from the amount that will be debited from the Purchaser’s payment card.
And this price change, including extra fees and commissions shall not be
considered to be the Agency’s violation.
- By placing the
Booking, you are deemed to have agreed that you have been notified of
conditions of pricing of the flight ticket and terms of payment, and you
are deemed to have implicitly accepted the defined conditions. You are
deemed to have accepted and agreed that the Agency cannot be held liable
for extra fees and commissions applied by the Carrier, as the Agency
only provides the Purchaser with information about pricing policies of
the Carrier and is not involved in creation of the interaction policy
among the participants serving payment transactions since its formation
and until the funds are charged to the Purchaser’s account, as well as
when transferring funds to the account as a result of a ticket refund.
- Payment
shall be made by means of payment cards of the payment systems such as
Visa and MasterCard or in any other way available on the Website.
- Currency, which is debited, may depend on the point of flight departure chosen by the Purchaser.
- The
booking reference number confirmed by the Carrier shall be the proof of
the right to take a flight, and the number of an e-ticket shall not be
assigned.
- The Passenger shall not use Tickets-bonuses (if such
service is available on the Website), accumulated in the Bonus Program,
to pay for the tickets of Low-Cost Carriers. The bonuses for the paid
flight tickets of the Low-Cost Carriers are accrued according to the
standard rules of participation in the Bonus Program.
- Fare Rules of most Low-Cost Carriers do not provide for changing a route, Passenger’s last name or first name.
- The paid flight ticket shall be non-refundable.
- The
Carrier is entitled to apply special conditions to baggage allowances
and check-in procedure, which are defined according to the Fare Rules or
on the Low-Cost Carrier’s website.
8. DISCLAIMER
8.1 The Agency shall make
every effort to ensure that the information contained on the Website is
accurate and reliable. You are deemed to have agreed and understood
that information about the Services, information support means available
in different sections or pages of the Website (schedules, statistical
data on arrival/departure of vehicles, descriptions of services, photos,
media files, rankings, guides, weather, currency rates, news about
tourism, information materials about countries, cities, events, prices,
fares, discounts, etc.) shall be provided by respective suppliers of
such information, as well as by the Service Providers/Carriers, or shall
be obtained from public sources and shall be used for information
purposes only and shall be for your convenience as well. Since all the
information published on the Website is provided by the respective
suppliers of such information, including by the Carriers and Service
Providers, and in spite of competence and careful selection of the
information suppliers, the Agency does not have any opportunity to
provide a totally independent review of all the information, and due to
these facts such information may contain inaccuracies and errors,
including errors in prices, fares and other financial information. The
Agency shall make amendements to the inaccurate information contained on
the Website within reasonable terms. The Agency shall not make any
representations regarding the use of such information contained on the
Website, and shall not give any guarantee that this information is
complete, accurate, correct, useful, relevant, verified and does not
contain any errors (including explicit or printing errors), etc., and
shall not be liable for your use of such information and the associated
loss.
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; or for any personal injury, death,
property damage or other damages or extra costs as a result of the
above-mentioned items, and shall not compensate for any of the
above-mentioned reasons. The Agency shall not be liable for and will not
make any payments or compensation for damages and additional costs
incurred during or as a result of the use of the Services or Agency
Ancillary Services, including, but not limited to, 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 Ancillary Services or due to other reasons beyond
the control of its direct control.
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 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,
Service ordering or connection to the Customer Care Service, and if in the
result of bad connection a failure occurred when choosing services,
issuing tickets/electronic digital documents, and/or paying for the
Booking or providing other information.
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. The Agency strongly recommends using only
licensed software (including antivirus software).
8.5
This Website may contain hyperlinks to the websites that are not owned
and not operated by the Agency. Such hyperlinks may be provided for your
convenience and for reference only. You are deemed to have accepted
that the Agency has no control over such websites and outside resources,
does not maintain 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 on
such websites shall not confirm or guarantee that the Agency approves
materials posted on such websites, or is associated with their owners.
The use of some hyperlinks to websites and displaying of data from such
websites (e.g., Google Maps) shall be used by complying with the rules
of use of such websites and in accordance with the policies of data
processing established by them. You shall get acquainted personally and
adhere to the rules of use of such external websites.
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 Service Provision Rules/Fare
Rules of the selected Service Providers/Carriers, and peculiarities of
provision of the Services or Agency Ancillary Services;
- in case
of neglecting behaviour towards security and protection measures of the
User personal, payment and other data. If third parties have obtained
unauthorized access to the "My Account" section and personal and other
data of the User, which caused damages to the User;
- failure to
deliver by communication systems and failure to timely read/or failure
to read by the Customer or Passenger emails or SMS messages sent by the
Agency/Carrier/Service Provider/Payment System and related to the use of
the Website and the Booking of the Services or Agency Ancillary
Services;
- in case of inability to fulfill the undertaken
obligations, due to unreliability, insufficiency and untimely provision
of information and documents provided by the User, or violation by the
User of the terms and conditions of these Terms;
- if the
Customers/Passengers fail to have duly completed documents for any
reasons, required for the receipt of the Services and specified in these
Terms or by the Carrier/Service Provider.
- the
actions of third parties, including, but not limited to the actions of
customs and immigration authorities, as well as for limiting the
Passenger’s rights 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 centers of foreign countries, including delay, denial
or changes to the terms of entry visa issuance or visa issuance
according to other terms than provided for the purposes of use of the
Services.
8.7 Under the terms and conditions of these Terms, the Agency shall not:
- be
as a co-provider of the Services with the Service Providers/Carriers
and shall no be involved in the disputes between the Purchaser/Passenger
and the Carrier/Service Provider;
- provide legal/consulting
services including those regarding the application of the foreign law;
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 crossing of a foreign
state, etc.; requirements related to border, customs, sanitary,
veterinary, quarantine, phytosanitary types of control established by
the legislation of a foreign state;
- represent your interests and
interests of the Passengers before the Carriers/Service Providers, as
well as other persons involved in providing the Services. The
Carriers/Service Providers shall bear the responsibility to the
Customers/Passengers arising out of the Services being provided (have
been provided) according to the legislation applicable to such relation,
as well as international law regulations. The Purchaser and Passengers
shall be solely responsible for late submitting of claims to the Service
Providers/Carriers or failure to adhere to the related formalities
including legal ones.
8.8 You are
deemed to have understood and agreed that if the Agency cannot provide
you with access to use the Website and its Services and Website Services
due to force majeure (hereinafter defined in the Terms), the Agency
hereby will not breach any obligation to you under these Terms.
8.9
Under no circumstances shall the Agency, its affiliates or group
companies, representatives, founders, officers, agents, workers,
employees, partners and freelance specialists 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 data or access to data and information, loss of goodwill, damage
caused to prestige or reputation, or non-pecuniary damage and additional
costs incurred as a result of the inability to use or as a result of
the use of the Website and purchase of the Services or Agency Ancillary
Services.
8.10 Under the terms and conditions,
restrictions and limitations specified in these Terms, the Agency shall
be responsible only for intentional, direct actual damage caused as a
result of non-fulfillment of obligations, the fact of which was proven
but the court order in force, that occurred due to the fault of the
Agency and in any case the limits of such liability cannot exceed in the
aggregate the higher of: (i) the price of the ordered service, or (ii)
the amount equivalent to one hundred euros. The provisions of this
clause about the disclaimer of the Agency does reflect the agreed
allocation of risk between you and the Agency and shall be interpreted
in favour of the Agency, its affiliates or group companies, as well as
representatives, founders, officers, agents, workers, employees,
freelance specialists or partners. The restrictions specified in this
article shall remain valid and binding even when it was impossible to
fully compensate for damages of the injured party.
8.11
You are deemed to have understood and agreed that the liability of the
Service Providers/Carriers for death, personal injury and others, as
well as responsibility for loss of baggage are, as a rule, limited by
national legislation, international agreements or the rules and
restrictions of the Carriers/Service Providers.
9 FORCE-MAJEURE
9.1 The Agency shall not
be liable for full or partial failure to perform its obligations under
these Terms if it has been caused by an accident or circumstances of
insuperable force (force majeure), which arose after signing of these
Terms.
9.2 Force majeure circumstances
or accidents are the circumstances that exclude or objectively hinder
the fulfillment of the terms and conditions of these Terms, of
extraordinary, inevitable and unpredictable nature, and which the
Parties could not foresee or prevent by reasonable measures. This
includes inter alia: circumstances caused by exceptional weather
conditions and natural disasters, disruptions in the networks, failure
or disconnection of power supply, interruptions in work and access to
the Internet and other communication networks, interruptions in the
operation of the Website, server and software disruptions and failures
and, hacker attacks, the circumstances due to software updates,
scheduled and unscheduled technical and preventive measures on the
Website, actions or orders of any state authority, significant adverse
changes in any applicable laws, currency restrictions, 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, including but not limited to enemy
attacks, blockade, military embargo, acts of foreign enemy, general
military mobilization, war, declared and undeclared war, acts of public
enemy, disturbance, acts of terrorism, sabotage, piracy, riots,
invasion, blockade, revolution, rebellion, insurrection, riots, curfews,
expropriation, forced removal, takeovers, requisition, public
demonstrations, blockade, strike, accident, wrongful acts of third
parties, epidemics, fire, explosion, long breaks in transport
operations, embargo, prohibition (restriction) of export/import,
conditions which are governed by the relevant resolutions and acts of
state and local governments, as well as the circumstances related to the
aftermath caused by exceptional weather conditions and unforeseen
situations or other circumstances beyond the reasonable control of the
parties.
9.3 In the event of a force
majeure, the Agency shall notify the Website Users within 5 (five)
calendar days of the nature of the above-mentioned 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).
9.4 The
term of fulfillment of the obligations under the Terms shall be
suspended for the period, which is equal to the period during which such
force majeure takes place. If the force majeure lasts for more than 14
(fourteen) calendar days, the parties may resolve the issue of
non-fulfillment of the obligations through negotiations, and in case of
failure to reach agreement, require termination of the Terms.
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 is 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 is set forth and available at the
following link.
13 USE OF INTELLECTUAL PROPERTY RIGHTS
13.1 Copyright
notice: © 2017 tickets.ge. All rights reserved. Tickets.ge 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. The materials provided by third parties may be posted on the
Website. Logos, company names, offer and others, which are mentioned on
the Website, may be the trademarks of their owners or protected by
copyright. All information and content published on the Website are
protected under the local or international law on intellectual property
rights protection.
13.2 You shall not use, reproduce,
modify, adapt, translate, compile, decompile, create derivative
products, attempt to discover the source code, copy, analyze 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 written permission of the Agency.
13.3 Electronic
ticket/itinerary receipt, ticket or other electronic voucher or another
electronic digital document, which confirms your Booking, and these
Terms, may be used only for the use of the Services/Agency Ancillary
Services and be printed out or copied only for this purpose.
13.4
You agree and grant the Agency complete and unlimited, royalty-free,
perpetual and spatially unlimited right and the right to transfer it, to
use your posted feedback or information on the Website at Agency’s sole
discretion (as well as for advertising and marketing purposes), modify,
adapt, create derivative products, translate, publish in any media or
delete completely or partially, transfer to third parties or use in any
other manner at the discretion of the Agency. You shall be responsible
for the content you post on the Website, and confirm that your posted
content does not infringe any third party rights (namely, intellectual
property rights, privacy and personal data protection principles). You
shall indemnify the Agency for expenses and charges in the event that
any third party brings a claim against the Agency based on the content
posted on the Website. If you do not agree to the specified conditions,
please refrain from leaving information on this Website or sending
information to the Agency and stop using the Website.
13.5
The software, which is available through this Website, including mobile
applications, belong to the Agency, its partners and providers, and are
protected by copyright. The use of the software is governed by the
license agreement between you and the Agency. By installing mobile
applications, you shall accept the license agreement. Unless stated
otherwise, you shall be granted by the Agency a limited, personal,
non-exclusive, non-transferable, fixed-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 software
guarantee shall be provided only for the purposes of 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.
13.7
If you are sure that the materials published on this Website infringe
your copyright, you may 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. If your notice in respect of protection of the
infringed copyright is unreasonable, you shall indemnify for all the
losses that the Agency or other owners of such rights may incur to
review your letter and establish the fact of copyright infringement.
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. The rules, terms, and conditions of
“Tickets-Bonuses” are integral part of these Terms.
15 GOVERNING LAW AND DISPUTE SETTLEMENT PROCEDURE
15.1
These Terms and all the relationships arisen from or related to these
Terms, including related to its validity, execution, fulfillment,
amendment, termination, interpretation of its terms and conditions,
determination of consequences of declaring the Agreement void or
violation of the Agreement, shall be governed by these Terms. In case of
lack of dispute settlement provisions in the terms, the Agency reserves
the right to apply the provisions which govern similar relations,
including those available in the Terms (similarity). Relationship of the
parties, not provided for by these Terms, but similar to those arising
from these Terms and/or in connection with its execution, shall be
governed by and construed in accordance with the substantive and
procedural laws the Republic of Estonia, rules, instructions,
provisions, recommendations, IATA resolutions and other acts (or of
other authorized organizations that regulate the provision of the
Website services), as well applicable international law regulations.
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 the other
party a pre-trial claim. The period of pre-trial claim consideration is
30 (thirty) business days upon receipt. In case of non-response to the
pre-trial claim within 30 (thirty) business days, and if the answer has
been received, but has not satisfied the party that considers its rights
to have been infringed, such party may apply to the court of Estonia in
accordance with the rules of jurisdiction and cognizance established by
the Estonian legislation.
16 TERMINATION OF RELATIONS WITH THE AGENCY
16.1 You can terminate relations with the Agency at any time by deleting your account through the settings of the personal account "My ticket" on the Site. After deletion, all data, including the list of Orders, accumulated bonuses, miles and personal data of the Buyer/Passengers/Clients, will be deleted without the possibility of recovery.
16.2
You are deemed to have agreed that the Agency reserves the right, at its
sole discretion, to deny you access the Website and the receipt of the
Services or suspend the provision of the Services available through this
Website at any time without prior notice and for any reason including,
but not limited to, in case of your violation of these Terms; in case of
suspicion of the use of the Website in any unlawful, fraudulent way
that may harm the Agency, the Service Providers/Carriers or third
parties; if it is required according to the amended rules and business
conditions, unfavorable changes in laws, regulatory restrictions, and
change of cooperation with any partner of the Agency.
16.3 Since
the termination of your relationship with the Agency: all licenses and
rights to the use of Agency intellectual property will be immediately
ceased to be valid; you shall immediately deny any use of this Website
and receipt of the Services/Agency Ancillary Services available on this
Website.
17 MISCELLANEOUS
17.1 If any provision
of these Terms is or becomes invalid, ineffective, unenforceable, this
shall not affect the validity or enforceability of any or all of the
remaining provisions hereof.
17.2 The User shall not fully
or partially assign their rights under these Terms in favour of any
third party without the prior written consent of the Agency. The Agency
may, at its sole discretion, without any reservations and at any time,
transfer or assign or subcontract any rights and obligations under these
Terms in whole or in part to third parties.
17.3
The digital version of these Terms, including any hard copy of
email/SMS messages (which has been sent or received by the User form the
Agency or by the Agency from the User), shall be equal to official
paper based communication, shall not require any additional
certification, shall be considered as sufficient evidence and have the
same force as any other documents or notifications on hard copy, and
shall be used when dealing with any claims or disputes arising out of or
in relation to the fulfillment of these Terms.
18 CONTACT INFORMATION
TTN Eesti OÜ
Address:
Jõe St. 3-302, Tallinn, Estonia, 10151;
Identification number: 14038986;
Information on licenses and certificates is available at the
following link.
Email:
[email protected]Tel: +995322196530 (24 hours a day, according to operator tariffs)
Edition of these Terms is effective as of 23rd June, 2018.
© tickets.ge. All rights reserved.
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