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.
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 cancellation may be reported to the Customer in the “My Account” section directly during creating a request for a refund/exchange/change of a ticket.
7.4.10. 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, first name or paternal 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.
7.7 “Aeroexpress” Railway Tickets Service. General Terms and Conditions
7.7.1 General.
Purchase of “Aeroexpress” Railway Tickets. Upon payment confirmation,
the system will generate and send the e-ticket to the email indicated
when placing the Booking. Also, the ticket will be available in the "My
Account" section after logging in on the Website. A ticket for a
Standard Fare trip is valid till 3 a.m. (Moscow time) of the date,
following the date indicated in the ticket. The Passenger shall be
liable for printing out their railway ticket (according to the set
rules) and carry the ticket when boarding and during the whole trip.
When printing out the e-ticket, it is necessary to comply with the
following requirements: no to change print settings (print quality, page
zoom and image size) installed by default; QR-code, located on the
itinerary receipt, must be of good quality and legible, any defects on
it are prohibited. In case of non-compliance with these requirements,
the itinerary receipt is deemed invalid.
7.7.2 General Carriage Rules.
The Passengers of "Aeroexpress" trains are not allowed to damage or
pollute the indoor equipment of the carriage, the glass of locomotives
and carriages, and things belonging to other Passengers in any way. The
Passengers have no right to disturb other passengers, to smoke in
carriages and vestibules, drink alcohol, and to be in a state of alcohol
intoxication. The Passenger can be taken away from the electric train
by the employees of the Department of Internal Affairs and guards,
travelling ticket cashiers (train conductors) and medical workers.
Traveling Ticket cashiers (train conductors) have the right to collect
the fare for travelling without travel documents, for the carriage of
overweight and oversized luggage and for carry-on baggage from
passengers; and in case of the Passenger’s failure to pay the fare, they
can take measures for taking the Passenger off the train.
7.7.3 Rules for Carriage of Animals and Baggage.
Payment for transportation shall be charged according to the
established fare. Payment for extra baggage or bulky items and animals
shall be made at the box office. The proof of the successful payment
shall be a receipt where the amount and service name are defined. Each
Passenger with one travel document is entitled to transport for free
carry-on luggage up to 36 kg and not bigger than the sum of three
dimensions (length+width+height) 180 cm. It is allowed to transport
plants up to 180 cm long in addition to carry-on luggage transportation
under the set norms. For the transportation of small pets, dogs and
birds, one assembled bicycle, as well as electronic, household, video
and audio appliances bigger than the sum of three dimensions
(length+width+height) 180 cm, extra surcharge is charged upon the set
tariff. The Passenger is responsible for safekeeping of their
transported carry-on luggage.
7.7.4 Passenger Carriage Rules.
For travel by electric train, the Passenger is obliged to purchase a
one-way ticket, keep the purchased ticket during the whole trip by train
until getting off the train at the checkpoint of tickets, present the
document to travelling ticket cashiers, present the document confirming
the right to concession (if the passenger is entitled to it). One-way
travel document (ticket) is valid for a one-way single trip in
accordance with the date indicated in the ticket. Single tickets issued
by other commuter rail carriers are not valid in “Aeroexpress” trains.
The Passenger is entitled to transport for free children aged not more
than 5 years old. A child’s ticket must be purchased for children aged 5
(five) to 7 (seven) years old. If there are any doubts regarding the
age of the child, the Passenger shall provide the relevant document
confirming the child’s age. Issuance of a travel document for the person
who has the right to concessionary tickets or free travel is carried
out upon the Procedure developed in accordance with the applicable
legislation of the Russian Federation, and is possible only at railway
box offices.
7.7.5 “Aeroexpress” Railway Ticket Refund.
It is possible to return a ticket of the general class carriage up to
23:59 of the day prior to the day of the trip. If in addition to the
flight ticket, a ticket for an "Aeroexpress" train has been issued, the
Agency Service Fee of 0.5 EUR is charged for making changes to the
railway ticket. If you cancel the ticket for an "Aeroexpress" train, the
total value (excluding the Agency Service Fee for the return in the
amount of 0.5 EUR, as well as the payment system fee, charged by the
bank when paying for the ticket) shall be refunded.
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
unauthorised 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 fulfil 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 centres 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-fulfilment 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 fulfilment 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 fulfilment 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-fulfilment 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, analyse data,
create links to the Website, or make any other use of the contents of
this Website in whole or in part, including the use of any objects of
intellectual property rights that are available through this Website,
without the 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, fulfilment,
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 authorised 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 account" 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 fulfilment 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.
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