FAQ / Legal info / GENERAL TERMS OF SERVICE
GENERAL TERMS OF SERVICE
1. PREAMBLE
1.1. General Terms of Service are an inseverable part of the Corporate Travel Agreement concluded by and between the Customer and the Agency.
1.2.These General Terms of Service and the Corporate Travel Agreement shall be used and construed as concurrent conditions governing the relationships between the Agency and the Customer.
1.3. These General Terms of Service and the Corporate Travel Agreement shall be hereinafter collectively referred to as the “Agreement”.
1.4. If you have any questions concerning this Website, please refer to the Customer Care Service.
2. DEFINITIONS
2.1. “Agency” / “We” shall mean a legal entity, wherewith the Customer entered into the Corporate Travel Agreement, which maintains the Website and provides the Customers an option to book travel and other services by the Website’s technical means.
2.2. “ADM” (Agency Debit Memo) shall mean a document issued to the BSP by the Carrier in case of outstanding debts to the Carrier with regard to the Booking.
2.3. “Ticket Form”, “Ticket” shall mean an electronic digital document, which is sent to the Customer as a confirmation of successful Booking. The term “Ticket Form” is a general term and refers to various types of Services. The type of a Ticket Form (“e-ticket / itinerary receipt”, “electronic voucher”, “ticket”, “policy”, “ticket form”, “electronic receipt”, etc.) depends on the type of an ordered and paid Service. A Ticket Form in the form of a copy of an electronic document is sent to the Customer’s email address, and/or, as a general rule, is available in the “My account” section of the online booking tool. Depending on the type of carriage and a Supplier’s requirements, some Ticket Forms must be exchanged at the corresponding booking offices of Suppliers to receive a Service. A Ticket Form is generated by the Customer or directly by a Supplier and (i) is stored in the Supplier’s system, in GDS, online booking tool; (ii) contains a full set of data on the services; (iii) attests to the purchase of the service or its Booking; (iv) testifies to the right of the persons (Customers, Passengers), specified in the document, to use the Service; (v) obliges the Supplier to render the service. The Traveller is responsible for the compliance with the ticket use rules and carriage rules, for the appropriate ticket printout and, during ticket’s effective period, for the exchange of the order form for the ticket, as needed.
2.4. “Booking” shall mean an allocation (reservation) of Services to the Customer on the basis of the Order placed by the Customer. A service, selected by the Customer as a result of an Order, is removed from general sale for the period determined by the Supplier (usually from 15 minutes to 12 hours). Any Order acquires the status of “Booking” and will be considered as accepted by Online Booking System only upon the combination of two factors: (i) receipt of payment for the Services/confirmation of the Order from the Customer; and (ii) receipt of the Supplier’s confirmation of the Service included in the Order and authorization of the issuance (ticketing) of the Ticket/Ticket Form. Based on the confirmed Booking, the corresponding Service is automatically issued and the Ticket Form/Ticket sent to the Customers’s/ Customers’s Agent’s email address.
2.5. “You” / “Customer” shall mean a Customer which is party to the Corporate Travel Agreement, a natural person, who is a Customer’s representative / employee using the Website and issuing an Order / Booking according to the terms and conditions set out herein.
2.6. “GDS” shall mean a global distribution system with the real-time access to the air traffic documents stocks, through which the information on flight timetables, availability of seats and tariffs of Suppliers is provides and through which the Supplier Services are booked.
2.7. “Order” shall mean a Customer’s request, duly issued by Online Booking or Offline Booking, for a certain amount of Services in the name of the Customer with the intention to make a payment.
2.8. “Content” shall mean text content concerning the Services that is placed on the Website of the Booking Tool or used by the Agent otherwise, or by any other means of managing, transferring and forwarding information to the Agent, including but not limited to API, URLs, passwords, titles, text descriptions, images, graphics, remarks, multimedia, trademarks, logos, as well as manuals, fares, taxes and charges for the Supplier Services available for booking on the dates specified by the Suppliers, fare rules, cancellation and amendment policies, seats availability, schedules, means of payments or other relevant information provided by the Suppliers via the Booking System and/or provided by the Company otherwise. The Content shall be considered as the Confidential Information, unless otherwise is implied by its nature for the purpose of rendering Supplier services.
2.9. “Low-cost Carrier.” The Fare Rules and airline ticket sale are governed by special terms of service of such Low-Cost Carriers. A low price of the Low-Cost Carriers is normally determined by the absence of conventional services for the passengers which are offered by legacy airlines. Such ancillary services are normally offered to the passengers for an additional fee. Under this rule, the airline ticket bought from Low-Cost Carriers are non-refundable.
2.10. “Agency’s Office Hours” shall mean office hours of the Agency: 9.00-19.00, other than a Saturday, Sunday and a public holiday, during which the Agency’s employees, except for Customer Care Service representatives, perform their duties. The Agency and the Customer may additionally stipulate other conditions Customer Care Service in the Corporate Travel Agreement.
2.11. “Payment System” shall mean a payment organization, participants of payment system and the aggregate of relationships, which arise out during the transfer of the funds for services available for purchase on the Website, from the Agency to the Agency/Supplier. “Payment Infrastructure Service Operator” shall mean a clearing organization, processing institution and other entities authorized to provide separate types of services in payment system or carry out operation, information and other technological functions related to the transfer of the Agent’s moneys for the services purchased on the Website, which have necessary licenses and permits for the transfer of funds and act based on the agreement with the Agency / Supplier.
2.12. “Supplier” shall mean: (i) a legal entity/sole trader that is a direct provider of Supplier Services (tour operator or supplier, including (if agreed) airlines, train and bus operators, hotel services vendors, suppliers of car rental services, insurance companies, etc.), which are available to book; (ii) a legal entity / sole trader that intermediary (agent, consolidator, etc.) between the Customer and ultimate provider of Supplier Services. The Parties agreed that the list of Suppliers may be amended at Company’s discretion at any time during effective period of the Agreement. For the purposes of this Agreement, the reference to Supplier can also refer to agents, employees, representatives and contractors of the Supplier and, if applicable, may also refer to GDS.
2.13. “My Account” Section” shall mean a closed section of the Website, available only to the Agents who have registered/logged in, which includes the following sections:
2.15. “Online Booking Tool” shall mean an online information system owned by the Agency and created for online search, booking, and issuance (ticketing) of various Services, accessed by the representatives (employees) of the Customer via the Website by means of access credentials granted by the Agency. Online Booking Tool contains data on the full list of Services available for Order / Booking and purchase on the Website (including flight timetable, baggage allowance, categories and specifications of vehicles (for carriage services), data on the types of vehicles, seat availability, Supplier’s fare, rules of application thereof, Fare Rules/Service Provision Rules).
2.16. “Traveller”, “Passenger” shall mean an employee, representative or any third party, incl. a Customer’s Affiliate, for whom the Customer orders Services from the Agency according to the Customer’s decision notwithstanding the purpose, terms or contents of Travel Services. The Agency in no case enters into contractual relationships with the Traveller, and the Customer independently interacts with such Travellers with regard to legal and tax issues relating to Agent’s Services rendered hereunder. On Ticket/Form issuance for the receipt of a specific Service. With regard to the Supplier, the Traveller receives a respective status (for instance, Passenger, etc.).
2.17. “Travel Service” shall mean a combination of actions provided by the Supplier to the Customer upon the Customer’s creation and payment/payment confirmation of an Order. The volume, conditions and period of provision of a Service is selected by the Customer, on its own, in the name of and on behalf of the Customer during the placement of the Order. Hereunder the term “Travel Service” is a generic term and is applied to various types of Supplier Services. Services available to order by the Customer are given in Annex No. 2 List of Services hereto. According to the conditions hereof, the Suppliers are not obliged to render Travellers any other services, except those specified in the Booking.
2.18. “Agency Services” shall mean a combination of actions provided by the Agency and shall include: (i) rendering the Customer information on Travel Services during Online or Offline booking; (ii) ensure technical possibility for Online Offline booking; (iii) provision of additional options during the purchase of Services or at the stage of post-sale support (void/refund/change/cancellation of a Booking). The volume and price of Agency Services shall be agreed by the Parties in the Corporate Travel Agreement. An Agency Service shall be deemed to be duly and fully provided by the Agency: (i) upon the display of information on the paid order/confirmed Booking in the “My account” section of Online Booking Tool and the provision of the option of downloading the Ticket Form of the paid Order/confirmed Booking, or (ii) upon sending the corresponding Ticket Form/Ticket for the confirmed Booking to the Agent’s email. Form / Ticket confirmation time is the date and time when the submission may not be cancelled by the Customer.
2.19. “Authorized person” or “Travel Coordinator” shall mean a Customer’s representative authorized to submit and conform Orders for Travel Services. Such representatives and their data authorized to submit and confirm the Order for Travel Services during Online Booking ad Offline Booking are specified in the Annex to the Corporate Travel Agreement. The Customer may change the list of Authorized persons by submitting an advance written (electronic) notice 3 (three) working days.
3. GENERAL TERMS AND CONDITIONS OF THE AGREEMENT
3.1. Subject matter. The Customer engages and the Agency shall, for remuneration, on behalf of and at the expense of the Agency, render intermediary services and make every commercial effort to advertise, promote and issue Services (Tickets, etc.) provided for sale in Online Booking System during the term of the Corporate Travel Agreement, under the terms and conditions specified in the Corporate Travel Agreement, this Agreement, applicable laws. The Agency shall accept and pay for services provided by the Agency according to the terms and conditions agreed in the Corporate Travel Agreement.
3.2. Integrity of the Agreement. This Agreement, Corporate Travel Agreement, the IATA Rules, Service Provision Rules/Fare Rules, as well as any Agency’s policies and notices, which are related to and arise out of the terms and conditions hereof, may be available on the Website or emailed when creating an Order and at any time, and shall constitute an integral agreement between you and the Agency.
3.3. The information, which is set out in the “Information” section, contains general information on the Services put on the Website, and shall be used as a general manual for the use of the Website and ordering of Services. Please note that the information, published in the “Information” section, shall be
3.4. Language of the Agreement and language of the Website. The official language of the Agreement and Website is Ukrainian, which prevails over other versions available on the Website. The Customers are served, including respective oral and written queries and/or requests, in the Ukrainian and English (if agreed) languages.
3.5. “Service Provision Rules” / “Fare Rules” are the terms and conditions of Suppliers, according to which booking, purchase, use, cancellation, change and/or refund for the corresponding Service are carried out, which are obligatory to get acquainted with, be agreed and fulfilled by the Agent and Travelers before the issuance of an Order / Booking. The Service Provision Rules and the Fare Rules are determined by Suppliers according to their own commercial terms, and corresponding requirements of the law and international rules which may be applicable to such type of Services. The Agency is not in any way involved in the development of the text, conditions and type of the Fare Rules / Service Provision Rules. The Fare Rules / Service Provision Rules, available during the creation of an Order (step of the booking dialogue), may be in English and with available automatic translation into the language you select. When placing an Order, you agree with such terms and conditions of provision of the Service Provision Rules/Fare Rules and shall acquaint yourself therewith, as well as consult on the content, conditions and correctness of the translation into the language you select before you create your Order. For more details on the terms and conditions set out in the Service Provision Rules/Fare Rules, contact, please, the Customer Care Service. The created Order confirms the Agent’s/Traveller’s unconditional consent to the Service Provision Rules/Fare Rules. When creating an Order for one or more Services, you shall check for any discrepancies in the Service Provision Rules/Fare Rules for each separate Service.
3.6. All Travellers’ requests and claims about Services shall be written in Ukrainian. The Agent shall be responsible for the translation of Travellers’ requests into Ukrainian, without any costs and compensations incurred by the Agency. The Agent shall ensure the translation of Customers’ claims into English if such requirement is stipulated by Suppliers.
3.7. Preconditions for the provision of Services. The Agency, acting as an agent (intermediary), provides the possibility of ordering a Service on the Website under partnership, agency, subagency and other agreements with Suppliers. When placing an Order on the Website, Customers enter into direct contractual relationship with Suppliers. Upon your placement of an Order, the Agency shall solely act as an agent (intermediary) between the Customer and the Supplier. The Agency only submits the details of your Order and is not a supplier or co-provider of the Services you ordered, as well as cannot influence the terms and conditions of the provision of the Service by the direct performer and shall not be liable for a breach of the conditions of Service provision. Responsibility for the provision of Services shall solely rest with the Supplier. The Supplier is solely responsible for the rendering of Services.
4. ACCESS TO THE ONLINE BOOKING TOOL
4.1. Upon signing of the Corporate Travel Agreement, the Agent is granted access to the “My account” section (an individual access key, login and password). The date and time of the Agency’s confirmation of Agent’s access to Online Booking Tool shall be deemed commencement of fulfilment of the obligations hereunder. All the Orders / Bookings placed with the use of the individual access key to Online Booking Tool, shall be deemed to be made by the Agent, and the Agent shall be fully and solely responsible for such Orders. The Customer bears all costs pertaining to the technical aspect of the access to the Online Booking Tool.
4.2. The Agency shall, at its sole discretion, determine the Agent’s methods of access to Online Booking Tool, as well as their parameters and configuration, portfolio of Services available to be sold by the Agent, methods and means of payment, methods of payment transaction verification, ways of setting limits and debiting funds from the Balance (if applicable), etc., as well as may, at any time, change the configuration of Online Booking Tool upon notifying the Agent thereof.
4.3. The Customer shall be liable for the maintenance of the confidentiality of its individual access key to Online Booking Tool, as well as for all the actions committed using thereof, and shall immediately notify the Agency of any suspicion of unauthorized access or unavailability of access to the Agent’s “My account”. The Agent shall guarantee that each entity, who has received the individual access key to Online Booking Tool, shall keep it confidential, use it within the scope stipulated herein, and shall not transfer it to any third party for any other purposes. In case of loss (divulgement) of the individual access key to Online Booking Tool, the Agent shall require the Agency to suspend the access to Online Booking Tool or change the access credentials to Online Booking Tool. The Agency shall block or change the access credentials to Online Booking Tool based on the Agent’s written notification sent to the Agency’s email address within one (1) working day of receipt of the Agent’s information on the loss (divulgement) of the individual access key to Online Booking Tool.
4.4. The Customer shall be responsible for keeping the information exchanged between the Parties, as well as with the use of Online Booking Tool, confidential, and undertakes to take all reasonable measures to prevent third parties’ unauthorized access to the said information.
4.5. The Agency shall provide the Customer with access to Online Booking Tool on an “as is” and “as available” basis. The Agent is provided with the specific portfolio of Services available for sale in Online Booking Tool. The Agent recognizes and agrees that Online Booking Tool displays the Services and the Content owned and (or) administered by Suppliers and (or) third parties. According to the abovementioned and based on the contractual relationship between the Agency and such Suppliers / third parties: (i) some Services or Content, available to the Agency or the Agency Affiliates, may be unavailable to the Agent for sale, and (ii) certain Services or Content to which this Agreement is initially applied, may be changed (enhanced, amended or deleted) or no longer be available to the Agent for sale via Online Booking Tool. Any such non-availability or change may occur at any time without notifying this Agent, which does not constitute a breach of the Agreement, and without liability to the Agency. The Agency disclaims any and all warranties, express or implied, warranties with respect to the data, Content and Services available for sale in Online Booking Tool, but only confirms that it uses all reasonable endeavours to correctly transfer and display the data in Online Booking Tool.
4.6. The Agency may determine and require the Agent, from time to time, to use the defined equipment (availability of technical specifications and security parameters (including, but not limited to, antivirus software)) for working in Online Booking Tool. If the Agent’s use of the equipment, which does not comply with the Agency’s requirements, results in any damage incurred by the Agency, the Agent shall compensate the Agency for all the damages incurred.
4.7. The Agency reserves the right to block / suspend the Agent’s access to Online Booking Tool if the Agency, at its own discretion, determines that that the volume of queries originating from the use of Online Booking Tool, is unduly burdening the System (or any of the associated systems, network devices or data); and / or creating capacity-related issues or resulting in any additional costs of the Agency (including costs for look-to-book queries). The liability for any damages caused by such blocking / suspension shall be solely vested in the Agent. The Agency will notify the Agent of any such restrictions by sending the corresponding notice, and the Agent shall make any necessary changes to the way of interaction with Online Booking Tool. If the Agent fails to do so, the Agency reserves the right to terminate this Agreement at no cost to the Customer.
5. RULES AND CONDITIONS FOR USE OF THE WEBSITE AND PROVISION OF SERVICES5.1. Data Provision. You acknowledge that all the information, you entered on this Website, is true, accurate, relevant and complete. You undertake to timely update your contact or personal details entered in “My account”, to control their accuracy and relevance. You acknowledge that all the information about the Travelers you submitted when placing your Order, is true, accurate, relevant and complete. You shall check whether the changed data are stored, including the data on the Travelers, which differ from the data stored in “My account”, prior to the placement of an Order (update the Website page), before your confirmation of the Order and payment. You are fully and solely responsible for the information you transfer to Online Booking Tool to place an Order and confirm it. The information you submit to order Services, including personal and other data of the Travelers, shall be entered on your own, and therefore you undertake not to file any claims against the Agency related to the personal or other data incorrectly entered in your Order (e.g., claims related to errors made in passport data in an electronic digital document / ticket form).
5.2. Electronic means of communication. By submitting your contact details, you agree to use electronic means of communication, including, but not limited to: (i) email; (ii) and, if available on the Website, sms (hereinafter individually and collectively referred to as the following: sms, push notifications, Skype notifications, WhatsApp notifications, Viber notifications or any other message of another type or way of transfer at the telephone number you provided on the Website), when using the Website, placing an Order and receiving information on services, as well as give your consent to the electronic dispatch of notifications (email, sms, notifications) related to the use of the Website, Order of Services.
5.3. The Agency shall not be obliged to check and shall not be liable for any incorrect or misspelled email address, or for incorrectly entered mobile phone number, or for the settings of your mail service (spam filters, etc.) and, for your failure to receive notifications of the placed Order/Booking, including, but not limited to, notifications of changes in flight date and (or) departure and arrival time, flight cancellation, etc. The Agent shall, on its own, or, if possible, the Customer Care Service shall, at the Agent’s request and upon the identification of the Agent, make changes to and correct the email address or mobile phone number (if such an option is available on the Website) in “My account,” or, subject to availability, by the
5.4. The Agency’s obligations to notify the Agent of the status of a Service shall be deemed to be fulfilled upon: (i) the display of information on the status of the Service in the “My account” section on the Website and provision of the option of downloading a Ticket Form of the Order / confirmed Booking, or (ii) submission of the corresponding confirmation of a Ticket Form of the Order / confirmed Booking to the Agent’s email address. The date and time, when submission cannot be cancelled by the Agency, shall be considered as the time when a notification of a Service was sent. Form this moment on the notification of the status of the Service shall be deemed to be received by the Agent.
5.5. You acknowledge that the Agency may monitor (control) and record phone calls incoming to the Customer Care Service, and carry out the audit (check) of selected electronic correspondence to provide high-quality service, improve qualifications of the personnel, fulfil obligations or exercise and defend its rights and legal interests related to legal relationships arising out of this Agreement. You hereby expressly
5.6. Travelers shall be notified and agree that all correspondence regarding ordered services will be carried out through your “My account” section and your email / mobile phone. Also, you shall immediately and fully notify Travelers of any changes, additional information, cancellations, etc. relating to ordered services and any information on ordered services, which you received via email or SMS notifications or another available way. Liability for the consequences caused by such failure to notify, as well as for Travellers’ actions caused by such failure to notify shall solely rest with the Agent.
5.7. Change of Information on the Website. Prior to the confirmation of an Order, the Agency shall have the right, at its own discretion, to add new and/or reduce the number of Suppliers’ Services, Agency Services, functions; change design; add / reduce the number of payment methods available for payment for the Orders on the Website; make changes to the price of Services. The Website may contain certain discrepancies and outdated information, which is not relevant at the moment of placing an Order and is
5.8. Error Correction. The Agency reserves the right to correct any explicit errors (including those in the financial information) on the Website and in the created Orders (paid and unpaid). If the price of Services, specified in your Order, is wrong, you will be offered the following options (if possible): (i) make changes to the Order by replacing the incorrect price with the correct one; or (ii) cancel the Order without any penalties.
5.9. The Agent shall ensure that the Travelers received the following sales and service provision terms and conditions in a clear and accessible way prior to the Agent’s placement of an Order. Liability for the consequences caused by such failure to notify, as well as for Travellers’ actions caused by such failure to notify shall solely rest with the Agent.
5.9.1. Service Provision Rules/Fare Rules, terms and conditions of the Service provision agreement, information on the liability of the corresponding Supplier and about the services they are being provided with, including information on the conditions of a refund / exchange (change) of Services, as well as other information on the terms and conditions of Service provision.
5.9.2. Requirements for identification documents, accuracy of issuance of necessary passport, visa and other data and documents required to place an Order for the relevant Services, entry, exit and transit visas (if required), as well as other documents necessary for the traveller’s full use of the corresponding Service according to Suppliers’ terms and conditions, customs and border rules.
5.9.3. Terms and conditions of personal data processing. A Customer must confirm and give his/her consent to the Agent’s and Agency’s transfer of his/her personal data to any third party under any jurisdiction in any country in the world, for the purposes of provision of ordered Services by the Agency and the Supplier.
5.9.4. Information about the fact that the Services are rendered directly by Suppliers and the Service provision agreement (carriage agreement, insurance agreement, etc.) is concluded directly with the corresponding Supplier and not with the Agency.
5.9.5. Information on the limitation of Suppliers’ liability according to the international law and Suppliers’ internal rules.
5.9.6. Other terms and conditions which the Agency or the Supplier may, from time to time, stipulate for the sale of Services.
5.10. The Customer shall:
5.10.1. Provide all the necessary documents and information of the Traveller to Online Booking Tool. In case of failure to submit the documents and information required for placing an Order, Online Booking Tool may deny issuing Services.
5.10.2. Timely cancel/ exchange (change) of the Services included in the Booking.
5.10.3. Provide Customers with Ticket Forms (itinerary receipts, etc.) according to the terms and conditions of their Booking. Changes to the forms of the documents which confirm the purchase of a Service (Ticket, etc.), can be made only upon receipt of prior written approval of the Agency. In any case, the Customer may not remove the issuing office, Agency’s / Agency’s Affiliate’s or any agent third party IATA number, specified by the Online Booking Tool.
5.10.4. Not make duplicate Orders / Bookings and fictitious Orders. The Agent shall not be entitled to place test Orders/Bookings without prior written consent of the Agency. If agreed, the Agency may provide the Agent with the rules for creation of test bookings to be strictly abided by the Agent. The Agent shall solely be liable for placing test, unconfirmed, fictitious or duplicate bookings and shall compensate the Agency for all the expenses and damages caused by such bookings and violation of the booking rules set by GDS / Suppliers.
5.10.5. Store: (i) the documents confirming settlements between the Parties, as well as paid penalties, stipulated by the Agreement and Annexes hereto, for the non-fulfilment / undue fulfilment of the terms and conditions hereof; (ii) the documents attesting to the payment made for sold Services, as well as other materials related to claim handling, during the term of this Agreement and within five (5) years of its expiry date.
5.10.6. Pay Suppliers all penalties for the Agent’s breach of booking terms and conditions within the term stipulated by the Agency. All the penalties imposed by Suppliers, which relate to the Services sold within the term of this Agreement, may be imposed on the Agent within the term of this Agreement and at any time upon its termination.
5.11. The Agency shall provide Customers with first-line customer support according to the corresponding rules, processes and instructions (updated and provided for the Customer); and the Customer shall be solely responsible to Travelers for the provision of such support.
5.12. Putting the checkmark (“tick”) in the corresponding checkbox during the placement of an Order is sufficient evidence of your acquaintance with and consent to the terms and conditions set out herein, as well as conclusive evidence in any dispute. The placement of an Order and nominal putting of the corresponding checkmark (“tick”), i.e. without acquaintance with the terms and conditions set forth herein, may cause adverse consequences with respect to the Agent / Travel. Putting the checkmark (“tick”) in the corresponding checkbox during the placement of an Order, which attests to your acquaintance with and consent to the terms and conditions set out herein, is an unconditional and integral process of the placement of the Order. It is impossible to place an Order without such consent.
5.13. The information entered by the Agent when placing an Order is automatically stored in Online Booking Tool, GDS, Suppliers’ booking systems, for further confirmation of the Order and provision of the Services. Certain Suppliers may require the Customer to agree to and sign the waiver before using the Services, which they offer.
5.14. Change of Service Provision Terms and Conditions. All offers, prices, types and conditions of Service provision, as well as the Service Provision Rules/Fare Rules may be amended without notifying the Customer, limited / available according to timing, seat availability and terms of an advance Order, travel dates, minimum/maximum terms of stay in the point of destination, weekends and holidays, seasonal price fluctuating, waiting lists, as well as strikes and temporal unavailability of booking systems and / or may be changed due to the influence of other changes, conditions and restrictions. The Agency will inform you of the change of the terms and conditions, volume and list of services or of the impossibility of provision of the paid service, in whole or partially, provided that such information is received from the corresponding Supplier via email or sent at the mobile phone number (if available on the Website). Such notification is only a notification service of the Agency, and in case that such information was not received from the relevant Supplier, the Agency shall be exempted from the liability to the Customer as it is not a party to the agreement concluded between the Customer and the Supplier.
5.15. Commencement of Using (Receiving) Services. The Customers are obliged to timely (for instance, not later than the time stipulated by the Supplier) arrive in the place of Service provision and shall be solely responsible for their no-show or late arrival in the place of Service provision, or for the impossibility of using the Service due to their non-compliance with the terms and conditions of this Agreement and the Service Provision Rules.
5.16. Feedback. You acknowledge and agree that the feedback you leave on the Website or related to the Agency, as well as the feedback you leave on other web resources, social networks, directly or indirectly related to the Agency, may be publicly available and published on the Website, any other web resources, any social network for providing others with your experience of using the Service and the Website. You shall be fully and solely liable for your feedback and its content, and shall not specify your personal data or personal data of third parties; profanity or information which violates public order or third-party rights; information obtained in violation of intellectual property rights or which is illegally obtained; advertising and marketing materials of third parties; calls for participation in loyalty programs and other incentives. The Agency, at its own discretion, publishes or deletes feedback.
5.17. In case of the change of an issued Service (unused/partially used), a Supplier’s change fee or penalty may be applicable according to the Fare Rules/Service Provision Rules. The possibility and conditions for order change/cancellation/Service refund (non-refundable amount, penalties, fees, terms for refund) are calculated and stipulated directly by the Supplier according to the Service Provision Rules/Fare Rules without involving the Agency.
6. PAYMENT TRANSACTIONS
ANNEX #1 TO THE GENERAL TERMS OF SERVICE: FLIGHT TICKETS SERVICE
1. General Terms and Conditions
ANNEX #2 TO THE GENERAL TERMS OF SERVICE: TERMS OF UKRAINIAN RAILWAY TICKET SALES
ANNEX #7 TO THE GENERAL TERMS OF SERVICE: TERMS OF INSURANCE SERVICES SALE
1. Definitions
In this Annex, special terms, in addition to the terms specified in the Agreement, are defined, namely:
ANNEX #8 TO THE GENERAL TERMS OF SERVICE: TERMS OF TRANSFER SERVICES SALE (VEHICLE RENTAL SERVICES WITH A DRIVER)
1. Definitions
ANNEX #9 TO THE GENERAL TERMS OF SERVICE: TERMS OF HOTEL SERVICES SALE
ANNEX #10 TO THE GENERAL TERMS OF SERVICE: TERMS OF CAR RENTAL SERVICE SALES
1. Definitions
ANNEX #11 TO THE GENERAL TERMS OF SERVICE: TERMS OF SALES SERVICE OF EXPRESS TRAIN TICKETS TO EUROPEAN AIRPORTS
1. Definitions
ANNEX #12 TO THE GENERAL TERMS OF SERVICE: TERMS OF VISA ASSISTANCE SERVICE SALES
1. Definitions
ANNEX #13 TO THE GENERAL TERMS OF SERVICE: TERMS OF VIP SERVICE SALES
1. Definitions
ANNEX #14 TO THE GENERAL TERMS OF SERVICE: TERMS OF ADDITIONAL SERVICES SALES
1. Definitions
1.1. General Terms of Service are an inseverable part of the Corporate Travel Agreement concluded by and between the Customer and the Agency.
1.2.These General Terms of Service and the Corporate Travel Agreement shall be used and construed as concurrent conditions governing the relationships between the Agency and the Customer.
1.3. These General Terms of Service and the Corporate Travel Agreement shall be hereinafter collectively referred to as the “Agreement”.
1.4. If you have any questions concerning this Website, please refer to the Customer Care Service.
2. DEFINITIONS
2.1. “Agency” / “We” shall mean a legal entity, wherewith the Customer entered into the Corporate Travel Agreement, which maintains the Website and provides the Customers an option to book travel and other services by the Website’s technical means.
2.2. “ADM” (Agency Debit Memo) shall mean a document issued to the BSP by the Carrier in case of outstanding debts to the Carrier with regard to the Booking.
2.3. “Ticket Form”, “Ticket” shall mean an electronic digital document, which is sent to the Customer as a confirmation of successful Booking. The term “Ticket Form” is a general term and refers to various types of Services. The type of a Ticket Form (“e-ticket / itinerary receipt”, “electronic voucher”, “ticket”, “policy”, “ticket form”, “electronic receipt”, etc.) depends on the type of an ordered and paid Service. A Ticket Form in the form of a copy of an electronic document is sent to the Customer’s email address, and/or, as a general rule, is available in the “My account” section of the online booking tool. Depending on the type of carriage and a Supplier’s requirements, some Ticket Forms must be exchanged at the corresponding booking offices of Suppliers to receive a Service. A Ticket Form is generated by the Customer or directly by a Supplier and (i) is stored in the Supplier’s system, in GDS, online booking tool; (ii) contains a full set of data on the services; (iii) attests to the purchase of the service or its Booking; (iv) testifies to the right of the persons (Customers, Passengers), specified in the document, to use the Service; (v) obliges the Supplier to render the service. The Traveller is responsible for the compliance with the ticket use rules and carriage rules, for the appropriate ticket printout and, during ticket’s effective period, for the exchange of the order form for the ticket, as needed.
2.4. “Booking” shall mean an allocation (reservation) of Services to the Customer on the basis of the Order placed by the Customer. A service, selected by the Customer as a result of an Order, is removed from general sale for the period determined by the Supplier (usually from 15 minutes to 12 hours). Any Order acquires the status of “Booking” and will be considered as accepted by Online Booking System only upon the combination of two factors: (i) receipt of payment for the Services/confirmation of the Order from the Customer; and (ii) receipt of the Supplier’s confirmation of the Service included in the Order and authorization of the issuance (ticketing) of the Ticket/Ticket Form. Based on the confirmed Booking, the corresponding Service is automatically issued and the Ticket Form/Ticket sent to the Customers’s/ Customers’s Agent’s email address.
2.5. “You” / “Customer” shall mean a Customer which is party to the Corporate Travel Agreement, a natural person, who is a Customer’s representative / employee using the Website and issuing an Order / Booking according to the terms and conditions set out herein.
2.6. “GDS” shall mean a global distribution system with the real-time access to the air traffic documents stocks, through which the information on flight timetables, availability of seats and tariffs of Suppliers is provides and through which the Supplier Services are booked.
2.7. “Order” shall mean a Customer’s request, duly issued by Online Booking or Offline Booking, for a certain amount of Services in the name of the Customer with the intention to make a payment.
2.8. “Content” shall mean text content concerning the Services that is placed on the Website of the Booking Tool or used by the Agent otherwise, or by any other means of managing, transferring and forwarding information to the Agent, including but not limited to API, URLs, passwords, titles, text descriptions, images, graphics, remarks, multimedia, trademarks, logos, as well as manuals, fares, taxes and charges for the Supplier Services available for booking on the dates specified by the Suppliers, fare rules, cancellation and amendment policies, seats availability, schedules, means of payments or other relevant information provided by the Suppliers via the Booking System and/or provided by the Company otherwise. The Content shall be considered as the Confidential Information, unless otherwise is implied by its nature for the purpose of rendering Supplier services.
2.9. “Low-cost Carrier.” The Fare Rules and airline ticket sale are governed by special terms of service of such Low-Cost Carriers. A low price of the Low-Cost Carriers is normally determined by the absence of conventional services for the passengers which are offered by legacy airlines. Such ancillary services are normally offered to the passengers for an additional fee. Under this rule, the airline ticket bought from Low-Cost Carriers are non-refundable.
2.10. “Agency’s Office Hours” shall mean office hours of the Agency: 9.00-19.00, other than a Saturday, Sunday and a public holiday, during which the Agency’s employees, except for Customer Care Service representatives, perform their duties. The Agency and the Customer may additionally stipulate other conditions Customer Care Service in the Corporate Travel Agreement.
2.11. “Payment System” shall mean a payment organization, participants of payment system and the aggregate of relationships, which arise out during the transfer of the funds for services available for purchase on the Website, from the Agency to the Agency/Supplier. “Payment Infrastructure Service Operator” shall mean a clearing organization, processing institution and other entities authorized to provide separate types of services in payment system or carry out operation, information and other technological functions related to the transfer of the Agent’s moneys for the services purchased on the Website, which have necessary licenses and permits for the transfer of funds and act based on the agreement with the Agency / Supplier.
2.12. “Supplier” shall mean: (i) a legal entity/sole trader that is a direct provider of Supplier Services (tour operator or supplier, including (if agreed) airlines, train and bus operators, hotel services vendors, suppliers of car rental services, insurance companies, etc.), which are available to book; (ii) a legal entity / sole trader that intermediary (agent, consolidator, etc.) between the Customer and ultimate provider of Supplier Services. The Parties agreed that the list of Suppliers may be amended at Company’s discretion at any time during effective period of the Agreement. For the purposes of this Agreement, the reference to Supplier can also refer to agents, employees, representatives and contractors of the Supplier and, if applicable, may also refer to GDS.
2.13. “My Account” Section” shall mean a closed section of the Website, available only to the Agents who have registered/logged in, which includes the following sections:
- “My orders” contains information on all the Orders/Bookings placed on the Website;
- “Customer details” is the section where the Customer’s details are stored and edited;
- “Passenger details” is the section where the Customer’s details are stored and edited;
- “Account settings” is the section for changing the Agent’s personal data, including the password for logging in to “My account”.
2.15. “Online Booking Tool” shall mean an online information system owned by the Agency and created for online search, booking, and issuance (ticketing) of various Services, accessed by the representatives (employees) of the Customer via the Website by means of access credentials granted by the Agency. Online Booking Tool contains data on the full list of Services available for Order / Booking and purchase on the Website (including flight timetable, baggage allowance, categories and specifications of vehicles (for carriage services), data on the types of vehicles, seat availability, Supplier’s fare, rules of application thereof, Fare Rules/Service Provision Rules).
2.16. “Traveller”, “Passenger” shall mean an employee, representative or any third party, incl. a Customer’s Affiliate, for whom the Customer orders Services from the Agency according to the Customer’s decision notwithstanding the purpose, terms or contents of Travel Services. The Agency in no case enters into contractual relationships with the Traveller, and the Customer independently interacts with such Travellers with regard to legal and tax issues relating to Agent’s Services rendered hereunder. On Ticket/Form issuance for the receipt of a specific Service. With regard to the Supplier, the Traveller receives a respective status (for instance, Passenger, etc.).
2.17. “Travel Service” shall mean a combination of actions provided by the Supplier to the Customer upon the Customer’s creation and payment/payment confirmation of an Order. The volume, conditions and period of provision of a Service is selected by the Customer, on its own, in the name of and on behalf of the Customer during the placement of the Order. Hereunder the term “Travel Service” is a generic term and is applied to various types of Supplier Services. Services available to order by the Customer are given in Annex No. 2 List of Services hereto. According to the conditions hereof, the Suppliers are not obliged to render Travellers any other services, except those specified in the Booking.
2.18. “Agency Services” shall mean a combination of actions provided by the Agency and shall include: (i) rendering the Customer information on Travel Services during Online or Offline booking; (ii) ensure technical possibility for Online Offline booking; (iii) provision of additional options during the purchase of Services or at the stage of post-sale support (void/refund/change/cancellation of a Booking). The volume and price of Agency Services shall be agreed by the Parties in the Corporate Travel Agreement. An Agency Service shall be deemed to be duly and fully provided by the Agency: (i) upon the display of information on the paid order/confirmed Booking in the “My account” section of Online Booking Tool and the provision of the option of downloading the Ticket Form of the paid Order/confirmed Booking, or (ii) upon sending the corresponding Ticket Form/Ticket for the confirmed Booking to the Agent’s email. Form / Ticket confirmation time is the date and time when the submission may not be cancelled by the Customer.
2.19. “Authorized person” or “Travel Coordinator” shall mean a Customer’s representative authorized to submit and conform Orders for Travel Services. Such representatives and their data authorized to submit and confirm the Order for Travel Services during Online Booking ad Offline Booking are specified in the Annex to the Corporate Travel Agreement. The Customer may change the list of Authorized persons by submitting an advance written (electronic) notice 3 (three) working days.
3. GENERAL TERMS AND CONDITIONS OF THE AGREEMENT
3.1. Subject matter. The Customer engages and the Agency shall, for remuneration, on behalf of and at the expense of the Agency, render intermediary services and make every commercial effort to advertise, promote and issue Services (Tickets, etc.) provided for sale in Online Booking System during the term of the Corporate Travel Agreement, under the terms and conditions specified in the Corporate Travel Agreement, this Agreement, applicable laws. The Agency shall accept and pay for services provided by the Agency according to the terms and conditions agreed in the Corporate Travel Agreement.
3.2. Integrity of the Agreement. This Agreement, Corporate Travel Agreement, the IATA Rules, Service Provision Rules/Fare Rules, as well as any Agency’s policies and notices, which are related to and arise out of the terms and conditions hereof, may be available on the Website or emailed when creating an Order and at any time, and shall constitute an integral agreement between you and the Agency.
3.3. The information, which is set out in the “Information” section, contains general information on the Services put on the Website, and shall be used as a general manual for the use of the Website and ordering of Services. Please note that the information, published in the “Information” section, shall be
3.4. Language of the Agreement and language of the Website. The official language of the Agreement and Website is Ukrainian, which prevails over other versions available on the Website. The Customers are served, including respective oral and written queries and/or requests, in the Ukrainian and English (if agreed) languages.
3.5. “Service Provision Rules” / “Fare Rules” are the terms and conditions of Suppliers, according to which booking, purchase, use, cancellation, change and/or refund for the corresponding Service are carried out, which are obligatory to get acquainted with, be agreed and fulfilled by the Agent and Travelers before the issuance of an Order / Booking. The Service Provision Rules and the Fare Rules are determined by Suppliers according to their own commercial terms, and corresponding requirements of the law and international rules which may be applicable to such type of Services. The Agency is not in any way involved in the development of the text, conditions and type of the Fare Rules / Service Provision Rules. The Fare Rules / Service Provision Rules, available during the creation of an Order (step of the booking dialogue), may be in English and with available automatic translation into the language you select. When placing an Order, you agree with such terms and conditions of provision of the Service Provision Rules/Fare Rules and shall acquaint yourself therewith, as well as consult on the content, conditions and correctness of the translation into the language you select before you create your Order. For more details on the terms and conditions set out in the Service Provision Rules/Fare Rules, contact, please, the Customer Care Service. The created Order confirms the Agent’s/Traveller’s unconditional consent to the Service Provision Rules/Fare Rules. When creating an Order for one or more Services, you shall check for any discrepancies in the Service Provision Rules/Fare Rules for each separate Service.
3.6. All Travellers’ requests and claims about Services shall be written in Ukrainian. The Agent shall be responsible for the translation of Travellers’ requests into Ukrainian, without any costs and compensations incurred by the Agency. The Agent shall ensure the translation of Customers’ claims into English if such requirement is stipulated by Suppliers.
3.7. Preconditions for the provision of Services. The Agency, acting as an agent (intermediary), provides the possibility of ordering a Service on the Website under partnership, agency, subagency and other agreements with Suppliers. When placing an Order on the Website, Customers enter into direct contractual relationship with Suppliers. Upon your placement of an Order, the Agency shall solely act as an agent (intermediary) between the Customer and the Supplier. The Agency only submits the details of your Order and is not a supplier or co-provider of the Services you ordered, as well as cannot influence the terms and conditions of the provision of the Service by the direct performer and shall not be liable for a breach of the conditions of Service provision. Responsibility for the provision of Services shall solely rest with the Supplier. The Supplier is solely responsible for the rendering of Services.
4. ACCESS TO THE ONLINE BOOKING TOOL
4.1. Upon signing of the Corporate Travel Agreement, the Agent is granted access to the “My account” section (an individual access key, login and password). The date and time of the Agency’s confirmation of Agent’s access to Online Booking Tool shall be deemed commencement of fulfilment of the obligations hereunder. All the Orders / Bookings placed with the use of the individual access key to Online Booking Tool, shall be deemed to be made by the Agent, and the Agent shall be fully and solely responsible for such Orders. The Customer bears all costs pertaining to the technical aspect of the access to the Online Booking Tool.
4.2. The Agency shall, at its sole discretion, determine the Agent’s methods of access to Online Booking Tool, as well as their parameters and configuration, portfolio of Services available to be sold by the Agent, methods and means of payment, methods of payment transaction verification, ways of setting limits and debiting funds from the Balance (if applicable), etc., as well as may, at any time, change the configuration of Online Booking Tool upon notifying the Agent thereof.
4.3. The Customer shall be liable for the maintenance of the confidentiality of its individual access key to Online Booking Tool, as well as for all the actions committed using thereof, and shall immediately notify the Agency of any suspicion of unauthorized access or unavailability of access to the Agent’s “My account”. The Agent shall guarantee that each entity, who has received the individual access key to Online Booking Tool, shall keep it confidential, use it within the scope stipulated herein, and shall not transfer it to any third party for any other purposes. In case of loss (divulgement) of the individual access key to Online Booking Tool, the Agent shall require the Agency to suspend the access to Online Booking Tool or change the access credentials to Online Booking Tool. The Agency shall block or change the access credentials to Online Booking Tool based on the Agent’s written notification sent to the Agency’s email address within one (1) working day of receipt of the Agent’s information on the loss (divulgement) of the individual access key to Online Booking Tool.
4.4. The Customer shall be responsible for keeping the information exchanged between the Parties, as well as with the use of Online Booking Tool, confidential, and undertakes to take all reasonable measures to prevent third parties’ unauthorized access to the said information.
4.5. The Agency shall provide the Customer with access to Online Booking Tool on an “as is” and “as available” basis. The Agent is provided with the specific portfolio of Services available for sale in Online Booking Tool. The Agent recognizes and agrees that Online Booking Tool displays the Services and the Content owned and (or) administered by Suppliers and (or) third parties. According to the abovementioned and based on the contractual relationship between the Agency and such Suppliers / third parties: (i) some Services or Content, available to the Agency or the Agency Affiliates, may be unavailable to the Agent for sale, and (ii) certain Services or Content to which this Agreement is initially applied, may be changed (enhanced, amended or deleted) or no longer be available to the Agent for sale via Online Booking Tool. Any such non-availability or change may occur at any time without notifying this Agent, which does not constitute a breach of the Agreement, and without liability to the Agency. The Agency disclaims any and all warranties, express or implied, warranties with respect to the data, Content and Services available for sale in Online Booking Tool, but only confirms that it uses all reasonable endeavours to correctly transfer and display the data in Online Booking Tool.
4.6. The Agency may determine and require the Agent, from time to time, to use the defined equipment (availability of technical specifications and security parameters (including, but not limited to, antivirus software)) for working in Online Booking Tool. If the Agent’s use of the equipment, which does not comply with the Agency’s requirements, results in any damage incurred by the Agency, the Agent shall compensate the Agency for all the damages incurred.
4.7. The Agency reserves the right to block / suspend the Agent’s access to Online Booking Tool if the Agency, at its own discretion, determines that that the volume of queries originating from the use of Online Booking Tool, is unduly burdening the System (or any of the associated systems, network devices or data); and / or creating capacity-related issues or resulting in any additional costs of the Agency (including costs for look-to-book queries). The liability for any damages caused by such blocking / suspension shall be solely vested in the Agent. The Agency will notify the Agent of any such restrictions by sending the corresponding notice, and the Agent shall make any necessary changes to the way of interaction with Online Booking Tool. If the Agent fails to do so, the Agency reserves the right to terminate this Agreement at no cost to the Customer.
5. RULES AND CONDITIONS FOR USE OF THE WEBSITE AND PROVISION OF SERVICES5.1. Data Provision. You acknowledge that all the information, you entered on this Website, is true, accurate, relevant and complete. You undertake to timely update your contact or personal details entered in “My account”, to control their accuracy and relevance. You acknowledge that all the information about the Travelers you submitted when placing your Order, is true, accurate, relevant and complete. You shall check whether the changed data are stored, including the data on the Travelers, which differ from the data stored in “My account”, prior to the placement of an Order (update the Website page), before your confirmation of the Order and payment. You are fully and solely responsible for the information you transfer to Online Booking Tool to place an Order and confirm it. The information you submit to order Services, including personal and other data of the Travelers, shall be entered on your own, and therefore you undertake not to file any claims against the Agency related to the personal or other data incorrectly entered in your Order (e.g., claims related to errors made in passport data in an electronic digital document / ticket form).
5.2. Electronic means of communication. By submitting your contact details, you agree to use electronic means of communication, including, but not limited to: (i) email; (ii) and, if available on the Website, sms (hereinafter individually and collectively referred to as the following: sms, push notifications, Skype notifications, WhatsApp notifications, Viber notifications or any other message of another type or way of transfer at the telephone number you provided on the Website), when using the Website, placing an Order and receiving information on services, as well as give your consent to the electronic dispatch of notifications (email, sms, notifications) related to the use of the Website, Order of Services.
5.3. The Agency shall not be obliged to check and shall not be liable for any incorrect or misspelled email address, or for incorrectly entered mobile phone number, or for the settings of your mail service (spam filters, etc.) and, for your failure to receive notifications of the placed Order/Booking, including, but not limited to, notifications of changes in flight date and (or) departure and arrival time, flight cancellation, etc. The Agent shall, on its own, or, if possible, the Customer Care Service shall, at the Agent’s request and upon the identification of the Agent, make changes to and correct the email address or mobile phone number (if such an option is available on the Website) in “My account,” or, subject to availability, by the
5.4. The Agency’s obligations to notify the Agent of the status of a Service shall be deemed to be fulfilled upon: (i) the display of information on the status of the Service in the “My account” section on the Website and provision of the option of downloading a Ticket Form of the Order / confirmed Booking, or (ii) submission of the corresponding confirmation of a Ticket Form of the Order / confirmed Booking to the Agent’s email address. The date and time, when submission cannot be cancelled by the Agency, shall be considered as the time when a notification of a Service was sent. Form this moment on the notification of the status of the Service shall be deemed to be received by the Agent.
5.5. You acknowledge that the Agency may monitor (control) and record phone calls incoming to the Customer Care Service, and carry out the audit (check) of selected electronic correspondence to provide high-quality service, improve qualifications of the personnel, fulfil obligations or exercise and defend its rights and legal interests related to legal relationships arising out of this Agreement. You hereby expressly
5.6. Travelers shall be notified and agree that all correspondence regarding ordered services will be carried out through your “My account” section and your email / mobile phone. Also, you shall immediately and fully notify Travelers of any changes, additional information, cancellations, etc. relating to ordered services and any information on ordered services, which you received via email or SMS notifications or another available way. Liability for the consequences caused by such failure to notify, as well as for Travellers’ actions caused by such failure to notify shall solely rest with the Agent.
5.7. Change of Information on the Website. Prior to the confirmation of an Order, the Agency shall have the right, at its own discretion, to add new and/or reduce the number of Suppliers’ Services, Agency Services, functions; change design; add / reduce the number of payment methods available for payment for the Orders on the Website; make changes to the price of Services. The Website may contain certain discrepancies and outdated information, which is not relevant at the moment of placing an Order and is
5.8. Error Correction. The Agency reserves the right to correct any explicit errors (including those in the financial information) on the Website and in the created Orders (paid and unpaid). If the price of Services, specified in your Order, is wrong, you will be offered the following options (if possible): (i) make changes to the Order by replacing the incorrect price with the correct one; or (ii) cancel the Order without any penalties.
5.9. The Agent shall ensure that the Travelers received the following sales and service provision terms and conditions in a clear and accessible way prior to the Agent’s placement of an Order. Liability for the consequences caused by such failure to notify, as well as for Travellers’ actions caused by such failure to notify shall solely rest with the Agent.
5.9.1. Service Provision Rules/Fare Rules, terms and conditions of the Service provision agreement, information on the liability of the corresponding Supplier and about the services they are being provided with, including information on the conditions of a refund / exchange (change) of Services, as well as other information on the terms and conditions of Service provision.
5.9.2. Requirements for identification documents, accuracy of issuance of necessary passport, visa and other data and documents required to place an Order for the relevant Services, entry, exit and transit visas (if required), as well as other documents necessary for the traveller’s full use of the corresponding Service according to Suppliers’ terms and conditions, customs and border rules.
5.9.3. Terms and conditions of personal data processing. A Customer must confirm and give his/her consent to the Agent’s and Agency’s transfer of his/her personal data to any third party under any jurisdiction in any country in the world, for the purposes of provision of ordered Services by the Agency and the Supplier.
5.9.4. Information about the fact that the Services are rendered directly by Suppliers and the Service provision agreement (carriage agreement, insurance agreement, etc.) is concluded directly with the corresponding Supplier and not with the Agency.
5.9.5. Information on the limitation of Suppliers’ liability according to the international law and Suppliers’ internal rules.
5.9.6. Other terms and conditions which the Agency or the Supplier may, from time to time, stipulate for the sale of Services.
5.10. The Customer shall:
5.10.1. Provide all the necessary documents and information of the Traveller to Online Booking Tool. In case of failure to submit the documents and information required for placing an Order, Online Booking Tool may deny issuing Services.
5.10.2. Timely cancel/ exchange (change) of the Services included in the Booking.
5.10.3. Provide Customers with Ticket Forms (itinerary receipts, etc.) according to the terms and conditions of their Booking. Changes to the forms of the documents which confirm the purchase of a Service (Ticket, etc.), can be made only upon receipt of prior written approval of the Agency. In any case, the Customer may not remove the issuing office, Agency’s / Agency’s Affiliate’s or any agent third party IATA number, specified by the Online Booking Tool.
5.10.4. Not make duplicate Orders / Bookings and fictitious Orders. The Agent shall not be entitled to place test Orders/Bookings without prior written consent of the Agency. If agreed, the Agency may provide the Agent with the rules for creation of test bookings to be strictly abided by the Agent. The Agent shall solely be liable for placing test, unconfirmed, fictitious or duplicate bookings and shall compensate the Agency for all the expenses and damages caused by such bookings and violation of the booking rules set by GDS / Suppliers.
5.10.5. Store: (i) the documents confirming settlements between the Parties, as well as paid penalties, stipulated by the Agreement and Annexes hereto, for the non-fulfilment / undue fulfilment of the terms and conditions hereof; (ii) the documents attesting to the payment made for sold Services, as well as other materials related to claim handling, during the term of this Agreement and within five (5) years of its expiry date.
5.10.6. Pay Suppliers all penalties for the Agent’s breach of booking terms and conditions within the term stipulated by the Agency. All the penalties imposed by Suppliers, which relate to the Services sold within the term of this Agreement, may be imposed on the Agent within the term of this Agreement and at any time upon its termination.
5.11. The Agency shall provide Customers with first-line customer support according to the corresponding rules, processes and instructions (updated and provided for the Customer); and the Customer shall be solely responsible to Travelers for the provision of such support.
5.12. Putting the checkmark (“tick”) in the corresponding checkbox during the placement of an Order is sufficient evidence of your acquaintance with and consent to the terms and conditions set out herein, as well as conclusive evidence in any dispute. The placement of an Order and nominal putting of the corresponding checkmark (“tick”), i.e. without acquaintance with the terms and conditions set forth herein, may cause adverse consequences with respect to the Agent / Travel. Putting the checkmark (“tick”) in the corresponding checkbox during the placement of an Order, which attests to your acquaintance with and consent to the terms and conditions set out herein, is an unconditional and integral process of the placement of the Order. It is impossible to place an Order without such consent.
5.13. The information entered by the Agent when placing an Order is automatically stored in Online Booking Tool, GDS, Suppliers’ booking systems, for further confirmation of the Order and provision of the Services. Certain Suppliers may require the Customer to agree to and sign the waiver before using the Services, which they offer.
5.14. Change of Service Provision Terms and Conditions. All offers, prices, types and conditions of Service provision, as well as the Service Provision Rules/Fare Rules may be amended without notifying the Customer, limited / available according to timing, seat availability and terms of an advance Order, travel dates, minimum/maximum terms of stay in the point of destination, weekends and holidays, seasonal price fluctuating, waiting lists, as well as strikes and temporal unavailability of booking systems and / or may be changed due to the influence of other changes, conditions and restrictions. The Agency will inform you of the change of the terms and conditions, volume and list of services or of the impossibility of provision of the paid service, in whole or partially, provided that such information is received from the corresponding Supplier via email or sent at the mobile phone number (if available on the Website). Such notification is only a notification service of the Agency, and in case that such information was not received from the relevant Supplier, the Agency shall be exempted from the liability to the Customer as it is not a party to the agreement concluded between the Customer and the Supplier.
5.15. Commencement of Using (Receiving) Services. The Customers are obliged to timely (for instance, not later than the time stipulated by the Supplier) arrive in the place of Service provision and shall be solely responsible for their no-show or late arrival in the place of Service provision, or for the impossibility of using the Service due to their non-compliance with the terms and conditions of this Agreement and the Service Provision Rules.
5.16. Feedback. You acknowledge and agree that the feedback you leave on the Website or related to the Agency, as well as the feedback you leave on other web resources, social networks, directly or indirectly related to the Agency, may be publicly available and published on the Website, any other web resources, any social network for providing others with your experience of using the Service and the Website. You shall be fully and solely liable for your feedback and its content, and shall not specify your personal data or personal data of third parties; profanity or information which violates public order or third-party rights; information obtained in violation of intellectual property rights or which is illegally obtained; advertising and marketing materials of third parties; calls for participation in loyalty programs and other incentives. The Agency, at its own discretion, publishes or deletes feedback.
5.17. In case of the change of an issued Service (unused/partially used), a Supplier’s change fee or penalty may be applicable according to the Fare Rules/Service Provision Rules. The possibility and conditions for order change/cancellation/Service refund (non-refundable amount, penalties, fees, terms for refund) are calculated and stipulated directly by the Supplier according to the Service Provision Rules/Fare Rules without involving the Agency.
6. PAYMENT TRANSACTIONS
6.1. Authorization for the processing of payment transaction. By selecting and confirming the method of payment for the Order, the Agent authorizes the Agency (its partners or affiliates) or Supplier / Payment System to charge to the payment card / bank account which it indicated, via the selected payment method, the total price of the Order specified on the Website, including Service fees, commissions, respective markups for the transfer of funds, the amount of possible conversion and exchange difference, which may apply to the transacting of payment of the specified Order. The Agent authorizes the specified persons to use payment and personal data of the cardholder in order to (i) purchase the Services ordered, (ii) process the refund, if needed, and (iii) for other purposes necessary for the fulfillment of these Terms and the Order. You are hereby fully aware and agree that during payment for the Order to the Agency, the amount of additional expenses on the payment transactions may not be known to the Agency.
6.2. The Agency may request you, and you undertake, to provide a bank statement for the solution of disputed financial issues related to the payment for the services, refund due to the refusal from the services, as well as for the solution of other financial issues.
6.3. Sufficiency of funds to pay. At the time of Booking confirmation with a payment card / bank account, the Agent must have sufficient funds for the full payment for the Order, considering possible additional costs associated with the processing of payments, currency conversion; the balance on the payment card must be sufficient to cover all such additional costs. The Agency shall not be liable for Booking cancellation and the costs incurred herewith by the Agent due to insufficient funds on the payment card / Customer’s bank account.
6.4. Payment transactions. During Order, the funds on the payment card may be blocked and subsequently debited. The payment card may be debited by the Agency / processing company in one or several payments (for example, per ticket, when booking several tickets/hotel rooms simultaneously, or per service, when booking several services simultaneously). The funds may be charged just as during Booking, so too within 30 (thirty) or more days of Booking confirmation according to the Supplier’s rules. The Agent/Customer shall take all measures to enable the Agency to debit the payment card at any time (i.e., all the payment restrictions and limits of the issuing bank must be lifted before the funds are actually charged).
6.5. Payment transaction verification. The cardholder must use the card in accordance with the laws and the agreement concluded with the issuing bank and not allow using the card by persons not entitled or authorized thereto. In order to avoid all kinds of unlawful use of the payment cards during payment, all the Orders placed on the Website and paid thereon via payment card shall be verified by the Agency via all the available means to verify the lawfulness of the payment transactions, including, but not limited to, according to the rules and payment safety standards and anti-fraud payment verification, the details of which are available on the Website.
6.6. The Agency reserves the right to deny you 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 Agent/Customer to provide the following: (i) a copy of passport pages with personal information; (ii) 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 must be covered).
6.7. On request and within the period specified by the Agency, you shall send the aforementioned copies via email in the size and format according to the Agency’s requirements. 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 Order without specifying the reason. The paid price of the Order shall be refunded to the Payer’s card, and the funds that were blocked on the Payer’s card shall be unblocked.
6.8. Please note that the Agency verifies payments only during the Agency’s office hours. In this regard, any payment transaction for the Services ordered beyond the office hours may be processed on the following business day. The Agency shall not be liable for any costs incurred as a result of such reviews.
6.9. Additional Costs of the Payment Transactions Processing. The Agent shall be entirely and solely responsible for all the fees, the amounts of possible conversions, currency exchange rate differences, and other defined costs, which may be added to the price of the Booking by the payment card-issuing bank / Payment System, Operator of the payment infrastructure services. The Agent shall on their own familiarize themselves with the rules, tariffs and fees of the bank, currency exchange and conversion rates, which may be applied to the payment for the Booking on the Website. You accept and agree that the Agency shall not compensate the Agent/Customer the expenses in case of additional conversions and exchange rate differences, since it is not involved in the creation of interaction policy between the participants that serve payment transactions from the moment of their formation and until the debiting of the account, as well as because of refund.
6.10. The funds paid for the Order are always returned to the Agent/Customer in accordance with these Terms, Service Rules / Fare Rules, other rules and recommendations etc., including the Supplier’s recommendations applicable for submission and processing of the Service refund request, and the applicable laws.
6.11. The procedure for the processing of the refund request and the technical procedure for the refund to the Buyer are governed by the Service Rules / Fare Rules for each service which includes the purchased Service.
6.12. The Agency may request the Agent for the copies of the following additional documents: Traveler’s IDs (e.g., passport), applications, notes, certificates and other documents confirming the reasons for refund, as well as a bank statement during the settlement of disputed financial issues. When submitting a Service refund request, the Agent must communicate to the Agency the ground (reason) for such refund in maximum detail. The Agent is fully and solely liable for failure to submit the required documents, as well as for failure to communicate to the Agency the grounds (reasons) for such Service refund.
6.13. The terms of payment for the services not covered by these Terms are governed by the Corporate Travel Agreement.
7. REPRESENTATIONS AND WARRANTIES
7.1. Either Party represents and warrants to the other Party that for the duration of these Terms, it has full corporate, proprietary and non-proprietary rights and authorizations to accept and fulfill its obligations hereunder; it has performed all the corporate actions necessary to negotiate, conclude and fulfill these Terms; these Terms are legally binding on either Party hereunder.
7.2. One of the terms gives rise to the conditions of relationship exclusivity between the Parties. The Agency reserves the right to conclude any agreements with other persons at its own discretion. In the event of a possible conflict of interests, the Agency shall take a decision on the choice of collaboration method considering its business solutions and interests.
7.3. The Parties are independent legal persons which act at their own risk and responsibility. The Terms are not aimed at establishing relationships between the Parties, such as dependent agent relationships or a joint venture. The Parties do not assume any obligations or create responsibilities on behalf and at the direction of the other party, except those expressly provided for hereunder. The Agent is an independent agent in all respects and is solely liable for the payment of all its taxes, charges and other related costs. Neither Party, nor its directors, nor officials, nor employees nor representatives are deemed independent agents, employees or representatives of the other Party. The Customer renders Services on its equipment and is not liable for the correctness, as well as bears all costs relating thereto.
7.4. The Customer is responsible for its employees in respect of the compliance with all the applicable laws and these terms, including the obtaining of respective certificates and courses which may be reasonably required for the fulfillment of the obligations hereunder, including, but not limited to, the expertise needed to work with the Online Booking Tool and booking of Services.
7.5. Neither Party may fully or partially assign their rights or obligations hereunder to any other third party without a prior written consent of the other Party, except the assignment of Agency’s rights or obligations to the Agency’s Affiliates. Notwithstanding the above-mentioned, the Agency may, without prior written consent of the Agency, waive or assign the rights hereunder as part of corporate reorganization, consolidation, change of Agency’s type of ownership, or merger.
7.6. In the event of reorganization, dissolutions or change of the Agent’s ownership, the Agent shall give the Agency an advance 30 (thirty) calendar days’ notice, and the Agency at its own discretion may initiate termination of these Terms without any refurbishment payable to the Customer.
7.7. Either Party is solely liable for all the decisions pertaining to the hiring of staff, including, but not limited to, employment, salary, compensation, discipline, and dismissals. Without Agency’s prior written consent, the Agent may not at any time for the duration of the Terms and before the expiry of a 12-month period after its termination, to encourage to employment or attempt to employ any person who is working or worked as Agency’s or Agency’s Affiliates’ representative or employee.
7.8. The Agent agrees that the Agent/Customers may not at any time: (i) take or not to take any decisions which may impact the Agency’s contractual agreements with the Suppliers or any other third party involved with the provision of Services; (ii) perform or allow to perform what may result in Agency’s exclusion from the process of Service Booking/Ordering with any Supplier or other third party involved with the provision of Services; (iii) communicate or in any other way correspond with any other person, with the Agency and/or Agency’s agreement with the Agent hereunder mentioned in a negative or damaging way; (iv) attempt or try to convince and/or encourage and Suppliers or a third party involved in the provision of Services to terminate any agreement and/or contract with the Agency or otherwise reduce its agreements and/or business with the Agency; (v) distribute information which damages Agency’s / Supplier’s business reputation, as well as any other false information on the Agency / Supplier. The Agent may not condone violation of the applicable laws, as well as morals and ethics. For the purpose of this clause, a reference to the Agency also includes Agency’s Affiliates.
7.9. The Parties acknowledge that obstacles inherent in the use of the Internet, in particular, speed fluctuations and overloads in the net, may cause outages and difficulties in the access to the Online Booking Tool. The Agent acknowledges and agrees that the Agency cannot guarantee a stable safety and proper transfer of data over the open Internet connection, as well as error-free functioning of the Online Booking Tool. The Agency expressly disclaims any assurances or guarantees that the Online Booking Tool will work without errors, fast, reliably and without outages. The Agency is not liable for the Online Booking Tool’s occasional downtime due to technical maintenance, reserve copying, force majeure, as well as other any other circumstances beyond its control or which are normal part of the Internet business. No oral consultations or written information provided by the Agency, its employees, licensees or the agents is not a warranty; and the Agent may not rely on any such information or advice.
7.10. The Customer undertakes to provide the Agency, within 3 (three) business days of receipt of a respective request from the Agency, the documents and materials requested by the Agency, which may be demanded for legal reasons, including for the purpose of taxation or transaction of payments hereunder.
7.11. Unless expressly stipulated by these Terms, the software and the Online Booking Tool are provided by the Agency without additional explicit or implicit warranty of any type with regard to the functioning of the software and the Online Booking Tool, including, but not limited to, implied warranties concerning commercial use and marketability for a certain purpose.
8. PROTECTION OF PERSONAL DATA
8.1. Either Party must abide by the effective requirements about personal data protection defined by the laws of either Party’s country and hereby guarantees that it will obtain the needed approvals and permits (and they will be effective for the duration of these Terms), which are required according to the laws of either Party’s country on the protection of personal data in order to fulfill their obligations hereunder.
8.2. The Customer shall duly notify and receive the desired consent from the Customers to the collection, use, processing, storage and transfer of their personal data pursuant to the effective laws of the country wherein the Agent was registered, these Terms and ensure the protection of the Customers’ personal data according to the laws. The terms of personal data protection are inseverable from these Terms and are set forth and available under the following link.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. “Intellectual Property Rights,” “IP Rights” shall mean all the present and the future intellectual property rights, including, but not limited to, (i) all the patents for inventions, useful models, industrial designs, applications for inventions, useful models, industrial designs; trade marks (registered or non-registered), applications for a trade mark registration, commercial name, service marks; copyright (registered or non-registered), copyright applications; trade secrets, confidential information, know-how, processes, technologies, development instruments, ideas, concepts, database rights, methodologies, algorithms, domain names, source code, machine code, software (in machine and source code), drafting of software and architecture, testing procedures, design and functional specifications, technologies and solutions, URL addresses, Access Tool and Content, personal non-property rights to the above-listed objects of intellectual property; (ii) any rights to use or exploit any of the above-listed; and (iii) any other property or non-property rights, or non-material assets with any methods of protection in any territory or under any jurisdiction of the world.
9.2. The Parties confirm and understand that the Content displayed in the Online Booking Tool may contain Agencies’ IP, as well as third parties’ (Suppliers’) IPs hereunder; the recipient Party does not obtain any rights, titles or share in, or for, the intellectual property rights of the disclosing party, or third parties, except the amount and contents of the usage rights, which is limited by the necessary ones for the fulfillment of these Terms. The disclosing party confirms that it has all the respective rights to assign the intellectual property rights hereunder. Neither Party shall take any actions to register and will in any way interfere with the other Party’s IP.
9.3. The exclusive IP rights to the Online Booking Tool are enjoyed by the Agency or Agency’s Affiliates or respective licensees. In accordance to these Terms, the Agency or Agency’s Affiliates do not give the Agent any rights (or shares in rights) to the Online Booking Tool (including its subsequent changes and updates, modifications and upgrades) in full or in part. The Agent may not develop, design, or configure the Online Booking Tool and new tools and modules. The Parties agreed that all the Intellectual Property Rights, including but not limited to, produce, inventions and industrial designs, created and developed by the Agency during the effective period of these Terms, are Intellectual Property of the Agency or Agency’s Affiliates exclusively. The Agency reserves all and any rights not expressly given to the Agent hereunder.
9.4. The Agency provides the Customer the access to the Online Booking Tool and Content and gives the Agent non-exclusive (simple), revocable, gratis license for a restricted use of the Online Booking Tool and Content for the purpose and within the limits permitted by these Terms, as well as for the duration thereof and in the territory of Agent’s registration. The license given to the Agent hereunder is not exclusive to the Agent. The Agent may not assign, fully or partially, the rights to use the Online Booking Tool and Content to third parties (conclude sublicense agreement) without Agent’s prior written consent. The Agent reserves the right to revoke or amend the license given hereunder with immediate effect at any time for the duration of these Terms.
9.5. The Customer may not (as well as may not allow anybody to) copy, adapt, reproduce, decompile, decompose, change, modify, derive products from, translate from one programming language into another, or correct any mistakes in the Online Booking Tool and Content, fully or partially, including the machine code of the program or databases thereof. The Customer may not take any actions for or allow any occurrence to happen, which could create a lien or liability for the Online Booking Tool or take any actions in order to register or otherwise interfere with the Agency’s IP if they became aware of such violation.
9.6. The Customer may not display, store or use, in any form or in any way known at the moment of Agreement Conclusion and such as will be known and / or possible after the conclusion of these Terms, the following: Content, trade marks (both registered and unregistered), elements, design, fonts, logos or Agency’s branding, Affiliates of the Agency or any other third party (Supplier), unique texts from the Access Tool and Content, as well as the version with misspellings or substantially similar or confusingly similar in any manner whatsoever and in any language (including without limitation, in any meta tags, meta titles, and meta descriptions), search engine marketing or optimization (SEO, SMM), in contextual advertising, in any domain name, subdomain or subfolder, in any other online/offline marketing or advertising, press releases, etc.) without first obtaining Agency’s or respective third party's prior written approval.
9.7. The Customer may not use any Content or data published on the Online Booking Tool retrieved directly by way of copying or automatic analysis from the screen or received via third parties (screen scraping, content scraping) if such usage right is not expressly negotiated with the Agency.
9.8. The Agency agrees that it may not use Agent’s information or materials for any other purposes, except those which are clearly specified herein. The Agent entitles the Agency to a gratis use, including, but not limited to, change and publishing of any intellectual property items (including, but not limited to, trademarks, logos, branding) for the purpose of marketing and any technology for the interaction with the website and Agent’s systems, in any territory and for the duration thereof. The Agency may refer to business relations with the Agent (display information on Agency’s / Agency’s Affiliates’ websites, use marketing materials, brochures, etc.). In the event that the Agent provides marketing policy, the Agency will use the Agent’s trade mark and logo thereunder.
10. TERMS OF CONFIDENTIALITY
10.1. “Confidential information” shall mean confidential, commercial, operational, financial, marketing, technical or other information (including this Agreement and information received in the process of collaboration hereunder), trade secrets, IP Right information and the Content, or other information relating to the activities of the disclosing Party, as well as its products, services, customers, partners, plans, business, finances, pricing formulae, data provided or retrieved via Access Tool, information on the Party, Agency’s Affiliates, officials, directors, employees, agents or representatives, communications of emails which the Parties exchange, access passwords and codes, or any other methods of access to the above-mentioned data; other information in any form or on any storage device, before and after the date of these Terms, together with other replication of such information in any form or storage device, or part (parts) of this information, irrespective of whether or not it is marked as confidential. Any provided Confidential Information is disclosed on the “as is and as available” principle and without any explicit or implicit warranties.
10.2. In order to save the Confidential information which a Party receives from the disclosing Party in confidentiality and protect it from disclosure, the recipient party shall take all the reasonable measures and, in any case, no less than the measures taken to protects its own Confidential Information. The Confidential Information must be negotiated by the Parties solely for the purpose of the fulfillment of obligations specified herein and not for any other purposes.
10.3. The Parties agree that they may not, without prior written consent, disclose Confidential Information or the presence of such Confidential Information to any other person without the disclosing Party’s prior written consent, except disclosure of information to their executives, officials, employees or agents which have commercial reason to use such Confidential Information. In such case the disclosure of Confidential Information is made under obligations equivalent to those set forth herein, and the disclosing Party must conclude a Non-Disclosure Agreement with such executives, officials, employees or agents in a reasonably acceptable form, containing obligations equivalent to those set forth herein. The Parties may demand respective non-disclosure agreements concluded with executives, officials, employees or agents or provide a written confirmation for the purpose of confidentiality. The recipient Party is fully liable to the other Party for any breach of these Terms by the person who was provided such information, as if the recipient Party itself had breached these Terms.
10.4. The Parties hereby agree that Confidential Information will not include the following information: (i) which had already been known to the recipient Party before receipt of the Confidential information from the disclosing Party from the source which is not the disclosing Party, without any obligations to protect Confidential Information and violations of these Terms by the recipient Party, which may be proved by submitting documents which are sufficient to corroborate that the source of such confidential information is a third party; and (ii) which is publicly available not through the recipient Party’s unlawful act, and the recipient Party may reasonably prove it; or (iii) which was independently developed by the recipient Party or on its behalf without violating these Terms and without using the Confidential Information of the disclosing Party, and the recipient Party may reasonably prove that; or (iv) approved for publication according to the disclosing Party’s prior written consent.
10.5. If either of the Parties receives a request for the disclosure of the Confidential Information or a portion thereof pursuant to a legal demand of a competent governmental authority or effective ruling of a court, this party agrees to take the following actions: (i) immediately notify the other Party of receipt of such request and all the accompanying documents thereto and (ii) consult the other Party in reference to acceptable and legally available measures to refuse to reduce to the minimum of information disclosure; and (iii) disclose only that information which must be presented under the effective laws according to the disclosing Party’s or its legal advisor’s notification; (iv) undertake all reasonable measures to obtain a reliable guarantee of keeping in confidentiality of the information disclosed on such request.
10.6. The Terms of confidentiality remain effective or the duration of these Terms and permanently after its termination for whatever reason. Unless otherwise agreed with the Parties herein, the Party that breached the terms of confidentiality must fully refurbish the other Party all the losses (lost profit, loss in the event of unauthorized disclosure, which resulted in competitors taking certain advantages before the Agency, loss of turnover or revenue, or anticipated saving, loss of clientele, loss of contracts of opportunities, loss of business reputation of brand’s image, or the consequences thereof) incurred due to the breach of confidentiality hereunder.
10.7. All the rights to statistical data on the number of Supplier Services booked, issues, refunded, changed by the Customer by using the Online Booking Tool, as well as the system of control, analysis and processing of data on Supplier Services and Customer’s Services, belong to the Agency and is not confidential information. The Agency may use such data at its own discretion, as well as provide the specified statistical data to the Suppliers on their requests, and the Customer hereby gives its express consent to such condition.
11. FORCE MAJEURE
6.2. The Agency may request you, and you undertake, to provide a bank statement for the solution of disputed financial issues related to the payment for the services, refund due to the refusal from the services, as well as for the solution of other financial issues.
6.3. Sufficiency of funds to pay. At the time of Booking confirmation with a payment card / bank account, the Agent must have sufficient funds for the full payment for the Order, considering possible additional costs associated with the processing of payments, currency conversion; the balance on the payment card must be sufficient to cover all such additional costs. The Agency shall not be liable for Booking cancellation and the costs incurred herewith by the Agent due to insufficient funds on the payment card / Customer’s bank account.
6.4. Payment transactions. During Order, the funds on the payment card may be blocked and subsequently debited. The payment card may be debited by the Agency / processing company in one or several payments (for example, per ticket, when booking several tickets/hotel rooms simultaneously, or per service, when booking several services simultaneously). The funds may be charged just as during Booking, so too within 30 (thirty) or more days of Booking confirmation according to the Supplier’s rules. The Agent/Customer shall take all measures to enable the Agency to debit the payment card at any time (i.e., all the payment restrictions and limits of the issuing bank must be lifted before the funds are actually charged).
6.5. Payment transaction verification. The cardholder must use the card in accordance with the laws and the agreement concluded with the issuing bank and not allow using the card by persons not entitled or authorized thereto. In order to avoid all kinds of unlawful use of the payment cards during payment, all the Orders placed on the Website and paid thereon via payment card shall be verified by the Agency via all the available means to verify the lawfulness of the payment transactions, including, but not limited to, according to the rules and payment safety standards and anti-fraud payment verification, the details of which are available on the Website.
6.6. The Agency reserves the right to deny you 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 Agent/Customer to provide the following: (i) a copy of passport pages with personal information; (ii) 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 must be covered).
6.7. On request and within the period specified by the Agency, you shall send the aforementioned copies via email in the size and format according to the Agency’s requirements. 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 Order without specifying the reason. The paid price of the Order shall be refunded to the Payer’s card, and the funds that were blocked on the Payer’s card shall be unblocked.
6.8. Please note that the Agency verifies payments only during the Agency’s office hours. In this regard, any payment transaction for the Services ordered beyond the office hours may be processed on the following business day. The Agency shall not be liable for any costs incurred as a result of such reviews.
6.9. Additional Costs of the Payment Transactions Processing. The Agent shall be entirely and solely responsible for all the fees, the amounts of possible conversions, currency exchange rate differences, and other defined costs, which may be added to the price of the Booking by the payment card-issuing bank / Payment System, Operator of the payment infrastructure services. The Agent shall on their own familiarize themselves with the rules, tariffs and fees of the bank, currency exchange and conversion rates, which may be applied to the payment for the Booking on the Website. You accept and agree that the Agency shall not compensate the Agent/Customer the expenses in case of additional conversions and exchange rate differences, since it is not involved in the creation of interaction policy between the participants that serve payment transactions from the moment of their formation and until the debiting of the account, as well as because of refund.
6.10. The funds paid for the Order are always returned to the Agent/Customer in accordance with these Terms, Service Rules / Fare Rules, other rules and recommendations etc., including the Supplier’s recommendations applicable for submission and processing of the Service refund request, and the applicable laws.
6.11. The procedure for the processing of the refund request and the technical procedure for the refund to the Buyer are governed by the Service Rules / Fare Rules for each service which includes the purchased Service.
6.12. The Agency may request the Agent for the copies of the following additional documents: Traveler’s IDs (e.g., passport), applications, notes, certificates and other documents confirming the reasons for refund, as well as a bank statement during the settlement of disputed financial issues. When submitting a Service refund request, the Agent must communicate to the Agency the ground (reason) for such refund in maximum detail. The Agent is fully and solely liable for failure to submit the required documents, as well as for failure to communicate to the Agency the grounds (reasons) for such Service refund.
6.13. The terms of payment for the services not covered by these Terms are governed by the Corporate Travel Agreement.
7. REPRESENTATIONS AND WARRANTIES
7.1. Either Party represents and warrants to the other Party that for the duration of these Terms, it has full corporate, proprietary and non-proprietary rights and authorizations to accept and fulfill its obligations hereunder; it has performed all the corporate actions necessary to negotiate, conclude and fulfill these Terms; these Terms are legally binding on either Party hereunder.
7.2. One of the terms gives rise to the conditions of relationship exclusivity between the Parties. The Agency reserves the right to conclude any agreements with other persons at its own discretion. In the event of a possible conflict of interests, the Agency shall take a decision on the choice of collaboration method considering its business solutions and interests.
7.3. The Parties are independent legal persons which act at their own risk and responsibility. The Terms are not aimed at establishing relationships between the Parties, such as dependent agent relationships or a joint venture. The Parties do not assume any obligations or create responsibilities on behalf and at the direction of the other party, except those expressly provided for hereunder. The Agent is an independent agent in all respects and is solely liable for the payment of all its taxes, charges and other related costs. Neither Party, nor its directors, nor officials, nor employees nor representatives are deemed independent agents, employees or representatives of the other Party. The Customer renders Services on its equipment and is not liable for the correctness, as well as bears all costs relating thereto.
7.4. The Customer is responsible for its employees in respect of the compliance with all the applicable laws and these terms, including the obtaining of respective certificates and courses which may be reasonably required for the fulfillment of the obligations hereunder, including, but not limited to, the expertise needed to work with the Online Booking Tool and booking of Services.
7.5. Neither Party may fully or partially assign their rights or obligations hereunder to any other third party without a prior written consent of the other Party, except the assignment of Agency’s rights or obligations to the Agency’s Affiliates. Notwithstanding the above-mentioned, the Agency may, without prior written consent of the Agency, waive or assign the rights hereunder as part of corporate reorganization, consolidation, change of Agency’s type of ownership, or merger.
7.6. In the event of reorganization, dissolutions or change of the Agent’s ownership, the Agent shall give the Agency an advance 30 (thirty) calendar days’ notice, and the Agency at its own discretion may initiate termination of these Terms without any refurbishment payable to the Customer.
7.7. Either Party is solely liable for all the decisions pertaining to the hiring of staff, including, but not limited to, employment, salary, compensation, discipline, and dismissals. Without Agency’s prior written consent, the Agent may not at any time for the duration of the Terms and before the expiry of a 12-month period after its termination, to encourage to employment or attempt to employ any person who is working or worked as Agency’s or Agency’s Affiliates’ representative or employee.
7.8. The Agent agrees that the Agent/Customers may not at any time: (i) take or not to take any decisions which may impact the Agency’s contractual agreements with the Suppliers or any other third party involved with the provision of Services; (ii) perform or allow to perform what may result in Agency’s exclusion from the process of Service Booking/Ordering with any Supplier or other third party involved with the provision of Services; (iii) communicate or in any other way correspond with any other person, with the Agency and/or Agency’s agreement with the Agent hereunder mentioned in a negative or damaging way; (iv) attempt or try to convince and/or encourage and Suppliers or a third party involved in the provision of Services to terminate any agreement and/or contract with the Agency or otherwise reduce its agreements and/or business with the Agency; (v) distribute information which damages Agency’s / Supplier’s business reputation, as well as any other false information on the Agency / Supplier. The Agent may not condone violation of the applicable laws, as well as morals and ethics. For the purpose of this clause, a reference to the Agency also includes Agency’s Affiliates.
7.9. The Parties acknowledge that obstacles inherent in the use of the Internet, in particular, speed fluctuations and overloads in the net, may cause outages and difficulties in the access to the Online Booking Tool. The Agent acknowledges and agrees that the Agency cannot guarantee a stable safety and proper transfer of data over the open Internet connection, as well as error-free functioning of the Online Booking Tool. The Agency expressly disclaims any assurances or guarantees that the Online Booking Tool will work without errors, fast, reliably and without outages. The Agency is not liable for the Online Booking Tool’s occasional downtime due to technical maintenance, reserve copying, force majeure, as well as other any other circumstances beyond its control or which are normal part of the Internet business. No oral consultations or written information provided by the Agency, its employees, licensees or the agents is not a warranty; and the Agent may not rely on any such information or advice.
7.10. The Customer undertakes to provide the Agency, within 3 (three) business days of receipt of a respective request from the Agency, the documents and materials requested by the Agency, which may be demanded for legal reasons, including for the purpose of taxation or transaction of payments hereunder.
7.11. Unless expressly stipulated by these Terms, the software and the Online Booking Tool are provided by the Agency without additional explicit or implicit warranty of any type with regard to the functioning of the software and the Online Booking Tool, including, but not limited to, implied warranties concerning commercial use and marketability for a certain purpose.
8. PROTECTION OF PERSONAL DATA
8.1. Either Party must abide by the effective requirements about personal data protection defined by the laws of either Party’s country and hereby guarantees that it will obtain the needed approvals and permits (and they will be effective for the duration of these Terms), which are required according to the laws of either Party’s country on the protection of personal data in order to fulfill their obligations hereunder.
8.2. The Customer shall duly notify and receive the desired consent from the Customers to the collection, use, processing, storage and transfer of their personal data pursuant to the effective laws of the country wherein the Agent was registered, these Terms and ensure the protection of the Customers’ personal data according to the laws. The terms of personal data protection are inseverable from these Terms and are set forth and available under the following link.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. “Intellectual Property Rights,” “IP Rights” shall mean all the present and the future intellectual property rights, including, but not limited to, (i) all the patents for inventions, useful models, industrial designs, applications for inventions, useful models, industrial designs; trade marks (registered or non-registered), applications for a trade mark registration, commercial name, service marks; copyright (registered or non-registered), copyright applications; trade secrets, confidential information, know-how, processes, technologies, development instruments, ideas, concepts, database rights, methodologies, algorithms, domain names, source code, machine code, software (in machine and source code), drafting of software and architecture, testing procedures, design and functional specifications, technologies and solutions, URL addresses, Access Tool and Content, personal non-property rights to the above-listed objects of intellectual property; (ii) any rights to use or exploit any of the above-listed; and (iii) any other property or non-property rights, or non-material assets with any methods of protection in any territory or under any jurisdiction of the world.
9.2. The Parties confirm and understand that the Content displayed in the Online Booking Tool may contain Agencies’ IP, as well as third parties’ (Suppliers’) IPs hereunder; the recipient Party does not obtain any rights, titles or share in, or for, the intellectual property rights of the disclosing party, or third parties, except the amount and contents of the usage rights, which is limited by the necessary ones for the fulfillment of these Terms. The disclosing party confirms that it has all the respective rights to assign the intellectual property rights hereunder. Neither Party shall take any actions to register and will in any way interfere with the other Party’s IP.
9.3. The exclusive IP rights to the Online Booking Tool are enjoyed by the Agency or Agency’s Affiliates or respective licensees. In accordance to these Terms, the Agency or Agency’s Affiliates do not give the Agent any rights (or shares in rights) to the Online Booking Tool (including its subsequent changes and updates, modifications and upgrades) in full or in part. The Agent may not develop, design, or configure the Online Booking Tool and new tools and modules. The Parties agreed that all the Intellectual Property Rights, including but not limited to, produce, inventions and industrial designs, created and developed by the Agency during the effective period of these Terms, are Intellectual Property of the Agency or Agency’s Affiliates exclusively. The Agency reserves all and any rights not expressly given to the Agent hereunder.
9.4. The Agency provides the Customer the access to the Online Booking Tool and Content and gives the Agent non-exclusive (simple), revocable, gratis license for a restricted use of the Online Booking Tool and Content for the purpose and within the limits permitted by these Terms, as well as for the duration thereof and in the territory of Agent’s registration. The license given to the Agent hereunder is not exclusive to the Agent. The Agent may not assign, fully or partially, the rights to use the Online Booking Tool and Content to third parties (conclude sublicense agreement) without Agent’s prior written consent. The Agent reserves the right to revoke or amend the license given hereunder with immediate effect at any time for the duration of these Terms.
9.5. The Customer may not (as well as may not allow anybody to) copy, adapt, reproduce, decompile, decompose, change, modify, derive products from, translate from one programming language into another, or correct any mistakes in the Online Booking Tool and Content, fully or partially, including the machine code of the program or databases thereof. The Customer may not take any actions for or allow any occurrence to happen, which could create a lien or liability for the Online Booking Tool or take any actions in order to register or otherwise interfere with the Agency’s IP if they became aware of such violation.
9.6. The Customer may not display, store or use, in any form or in any way known at the moment of Agreement Conclusion and such as will be known and / or possible after the conclusion of these Terms, the following: Content, trade marks (both registered and unregistered), elements, design, fonts, logos or Agency’s branding, Affiliates of the Agency or any other third party (Supplier), unique texts from the Access Tool and Content, as well as the version with misspellings or substantially similar or confusingly similar in any manner whatsoever and in any language (including without limitation, in any meta tags, meta titles, and meta descriptions), search engine marketing or optimization (SEO, SMM), in contextual advertising, in any domain name, subdomain or subfolder, in any other online/offline marketing or advertising, press releases, etc.) without first obtaining Agency’s or respective third party's prior written approval.
9.7. The Customer may not use any Content or data published on the Online Booking Tool retrieved directly by way of copying or automatic analysis from the screen or received via third parties (screen scraping, content scraping) if such usage right is not expressly negotiated with the Agency.
9.8. The Agency agrees that it may not use Agent’s information or materials for any other purposes, except those which are clearly specified herein. The Agent entitles the Agency to a gratis use, including, but not limited to, change and publishing of any intellectual property items (including, but not limited to, trademarks, logos, branding) for the purpose of marketing and any technology for the interaction with the website and Agent’s systems, in any territory and for the duration thereof. The Agency may refer to business relations with the Agent (display information on Agency’s / Agency’s Affiliates’ websites, use marketing materials, brochures, etc.). In the event that the Agent provides marketing policy, the Agency will use the Agent’s trade mark and logo thereunder.
10. TERMS OF CONFIDENTIALITY
10.1. “Confidential information” shall mean confidential, commercial, operational, financial, marketing, technical or other information (including this Agreement and information received in the process of collaboration hereunder), trade secrets, IP Right information and the Content, or other information relating to the activities of the disclosing Party, as well as its products, services, customers, partners, plans, business, finances, pricing formulae, data provided or retrieved via Access Tool, information on the Party, Agency’s Affiliates, officials, directors, employees, agents or representatives, communications of emails which the Parties exchange, access passwords and codes, or any other methods of access to the above-mentioned data; other information in any form or on any storage device, before and after the date of these Terms, together with other replication of such information in any form or storage device, or part (parts) of this information, irrespective of whether or not it is marked as confidential. Any provided Confidential Information is disclosed on the “as is and as available” principle and without any explicit or implicit warranties.
10.2. In order to save the Confidential information which a Party receives from the disclosing Party in confidentiality and protect it from disclosure, the recipient party shall take all the reasonable measures and, in any case, no less than the measures taken to protects its own Confidential Information. The Confidential Information must be negotiated by the Parties solely for the purpose of the fulfillment of obligations specified herein and not for any other purposes.
10.3. The Parties agree that they may not, without prior written consent, disclose Confidential Information or the presence of such Confidential Information to any other person without the disclosing Party’s prior written consent, except disclosure of information to their executives, officials, employees or agents which have commercial reason to use such Confidential Information. In such case the disclosure of Confidential Information is made under obligations equivalent to those set forth herein, and the disclosing Party must conclude a Non-Disclosure Agreement with such executives, officials, employees or agents in a reasonably acceptable form, containing obligations equivalent to those set forth herein. The Parties may demand respective non-disclosure agreements concluded with executives, officials, employees or agents or provide a written confirmation for the purpose of confidentiality. The recipient Party is fully liable to the other Party for any breach of these Terms by the person who was provided such information, as if the recipient Party itself had breached these Terms.
10.4. The Parties hereby agree that Confidential Information will not include the following information: (i) which had already been known to the recipient Party before receipt of the Confidential information from the disclosing Party from the source which is not the disclosing Party, without any obligations to protect Confidential Information and violations of these Terms by the recipient Party, which may be proved by submitting documents which are sufficient to corroborate that the source of such confidential information is a third party; and (ii) which is publicly available not through the recipient Party’s unlawful act, and the recipient Party may reasonably prove it; or (iii) which was independently developed by the recipient Party or on its behalf without violating these Terms and without using the Confidential Information of the disclosing Party, and the recipient Party may reasonably prove that; or (iv) approved for publication according to the disclosing Party’s prior written consent.
10.5. If either of the Parties receives a request for the disclosure of the Confidential Information or a portion thereof pursuant to a legal demand of a competent governmental authority or effective ruling of a court, this party agrees to take the following actions: (i) immediately notify the other Party of receipt of such request and all the accompanying documents thereto and (ii) consult the other Party in reference to acceptable and legally available measures to refuse to reduce to the minimum of information disclosure; and (iii) disclose only that information which must be presented under the effective laws according to the disclosing Party’s or its legal advisor’s notification; (iv) undertake all reasonable measures to obtain a reliable guarantee of keeping in confidentiality of the information disclosed on such request.
10.6. The Terms of confidentiality remain effective or the duration of these Terms and permanently after its termination for whatever reason. Unless otherwise agreed with the Parties herein, the Party that breached the terms of confidentiality must fully refurbish the other Party all the losses (lost profit, loss in the event of unauthorized disclosure, which resulted in competitors taking certain advantages before the Agency, loss of turnover or revenue, or anticipated saving, loss of clientele, loss of contracts of opportunities, loss of business reputation of brand’s image, or the consequences thereof) incurred due to the breach of confidentiality hereunder.
10.7. All the rights to statistical data on the number of Supplier Services booked, issues, refunded, changed by the Customer by using the Online Booking Tool, as well as the system of control, analysis and processing of data on Supplier Services and Customer’s Services, belong to the Agency and is not confidential information. The Agency may use such data at its own discretion, as well as provide the specified statistical data to the Suppliers on their requests, and the Customer hereby gives its express consent to such condition.
11. FORCE MAJEURE
11.1. The Parties are exempted from liability for partial or full failure to fulfill the obligations hereunder if such failure resulted from emergency or insuperable circumstances (force majeure), and if such circumstances directly impacted the fulfillment of these terms.
11.2. The Parties understand force majeure circumstances, among others, as the following circumstances: natural disasters, actions and decisions of authorities, significant unfavorable changes in the laws, currency restrictions, wars, hostilities, strikes, riots, as well as local or nation-wide emergencies, power supply or communication networks outages, hacker attacks, server downtime, technical outages inherent in the Internet and other circumstances which are beyond Parties’ reasonable control.
11.3. A due evidence for such above-listed circumstances and their duration must be approved by a competent body in the country wherein this occurs. The Party which refers to force majeure circumstances must notify the other Party of the beginning and the end of such circumstances in writing within 3 (three) calendar days. The party which does not notify of force majeure circumstances loses the right to refer to such circumstances.
11.4. The parties must apply maximum efforts to eliminate force majeure circumstances as soon as possible or mitigate their consequences by all the reasonable efforts; resume the fulfillment of obligations hereunder within the shortest time, as soon as the force majeure circumstances cease to exist or minimize their consequences to the extent that the fulfillment of obligations may be resumed; notify the other Party of the resumed fulfillment of obligations.
11.5. The Party may not refer to commercial risks as force majeure circumstances. In particular, the following is not deemed force majeure and does not relieve from the liability for failure to fulfil the obligations hereunder: establishment of a new administration in a bank where the Party is served and imposition of moratorium on bank’s fulfillment of its obligations before the customers, financial and economic crisis; default; currency exchange fluctuations; prohibition or other decision of authorities related to the restriction of activities of either of the Parties to the Agreement, and the like.
12. ANTI-FRAUD POLICY
12.1. The anti-fraud policies are integral part of these Terms and are set forth and available at the following link.
13. PAYMENT SECURITY STANDADRS AND ANTI-FRAUD VERIFICATION
13.1. The Policies on Payment Security Standards and Anti-Fraud Verification are integral part of these Terms and are set forth and available at the following link.
14. FINAL PROVISIONS
14.1. Conditions which are not stipulated by these terms are governed by the Corporate Travel Agreement.
TTN BUSINESS TRAVEL MANAGEMENT LLC
IATA number: 72324840
Air Carriage Merchant’s Certificate No. AP 0941 as of 13.05.16
24 Bulvarno-Kudriavska, Kyiv, 01601, Ukraine
11.2. The Parties understand force majeure circumstances, among others, as the following circumstances: natural disasters, actions and decisions of authorities, significant unfavorable changes in the laws, currency restrictions, wars, hostilities, strikes, riots, as well as local or nation-wide emergencies, power supply or communication networks outages, hacker attacks, server downtime, technical outages inherent in the Internet and other circumstances which are beyond Parties’ reasonable control.
11.3. A due evidence for such above-listed circumstances and their duration must be approved by a competent body in the country wherein this occurs. The Party which refers to force majeure circumstances must notify the other Party of the beginning and the end of such circumstances in writing within 3 (three) calendar days. The party which does not notify of force majeure circumstances loses the right to refer to such circumstances.
11.4. The parties must apply maximum efforts to eliminate force majeure circumstances as soon as possible or mitigate their consequences by all the reasonable efforts; resume the fulfillment of obligations hereunder within the shortest time, as soon as the force majeure circumstances cease to exist or minimize their consequences to the extent that the fulfillment of obligations may be resumed; notify the other Party of the resumed fulfillment of obligations.
11.5. The Party may not refer to commercial risks as force majeure circumstances. In particular, the following is not deemed force majeure and does not relieve from the liability for failure to fulfil the obligations hereunder: establishment of a new administration in a bank where the Party is served and imposition of moratorium on bank’s fulfillment of its obligations before the customers, financial and economic crisis; default; currency exchange fluctuations; prohibition or other decision of authorities related to the restriction of activities of either of the Parties to the Agreement, and the like.
12. ANTI-FRAUD POLICY
12.1. The anti-fraud policies are integral part of these Terms and are set forth and available at the following link.
13. PAYMENT SECURITY STANDADRS AND ANTI-FRAUD VERIFICATION
13.1. The Policies on Payment Security Standards and Anti-Fraud Verification are integral part of these Terms and are set forth and available at the following link.
14. FINAL PROVISIONS
14.1. Conditions which are not stipulated by these terms are governed by the Corporate Travel Agreement.
TTN BUSINESS TRAVEL MANAGEMENT LLC
IATA number: 72324840
Air Carriage Merchant’s Certificate No. AP 0941 as of 13.05.16
24 Bulvarno-Kudriavska, Kyiv, 01601, Ukraine
55 K Horiva st., Kyiv, 04071, Ukraine
Email: [email protected]
Telephone: +38 (044) 333 64 36 (24/7, charges apply)
The version of the Agreement is updated as of 11 September 2019
Telephone: +38 (044) 333 64 36 (24/7, charges apply)
The version of the Agreement is updated as of 11 September 2019
ANNEX #1 TO THE GENERAL TERMS OF SERVICE: FLIGHT TICKETS SERVICE
1. General Terms and Conditions
1.1. As a general rule, it is possible to buy a flight ticket on the Website from 364 days before the date of the flight and no later than 4 (four) hours before the departure time of the chosen flight. In case of any doubts, please consult regarding possibility of flight tickets purchase with the help of the Customer Care Service.
1.2. By placing an Order, you confirm and agree that any terms and conditions of the Flight Tickets Service may be communicated to you just before Order placement (during every step of Booking), as well as be sent via email at any time before or after the placing of the Order.
1.3. The rules of baggage carriage are defined in the Fare Rules and are available by the time of Order placement. Depending on the fare of flight ticket, the Passenger may carry certain volume of baggage free of charge. The Customer shall, on their own, get acquainted with the rules of baggage carriage and he/she agrees that the rules of baggage carriage may differ each particular Carrier, vary in different tickets of the same Order (when the tickets are issued per segment). The Passenger shall also, on their own, get acquainted with the list of items prohibited for carriage and requirements to the carriage of certain categories of baggage, as well as the rules and allowance of the baggage carriage.
1.4. The Agency shall not liable to the Customer / Traveler if during placement of the Order on the Online Booking Tool and/or the Customer Care Service didn't have information on the rules, procedure, and conditions of baggage carriage, and the Customer, before the moment of Booking confirmation, has not get acquainted themselves with the rules, procedure and conditions of baggage carriage established by a certain Carrier under a certain fare.
1.5. In case of flight delay / cancellation, the Agency shall contact the Customer and provide necessary information under Carrier's terms and conditions. You are hereby informed that the Carriers not always provide to the Agency / publish in the Global Distribution System (GDS) information on flight cancellation / delay, other changes relating to the flight ticket, therefore you shall, by your own, follow the information on the flight which is included in your fight ticket.
1.6. If the Traveler has not arrived for his / her flight and failed to inform the Carrier in advance of changes in his / her trip, the Carrier might have the right to cancel the booking not only for the first segment of flight but also for the following flight segments of the route and for the return flight without notifying the Traveler. To avoid cancellation, please contact the Customer Care Service or directly the Carrier.
2. Price of Flight Tickets Service
2.1. The price of flight ticket fare is defined by the Carriers and is available in the Online Booking Tool at the time of Booking placement / ticket issuance on “as is and as available” basis. The Agency does not provide any warranties with regard to a possible change of flight ticket price from the time of the Order placement to the actual issuance of Tickets, as the Agency doesn't influence the Carriers' fare policy.
2.2. The carriage rules and the fare price are valid at the time of Order placement and may be solely altered by the Carrier before the time of ticket issuance, without notifying the Agency. If the Agency issues a flight ticket and the fare is different from the one which was valid at the time of the Order placement, the Agency shall notify the Customer of the fare change and is entitled to send the Customer an invoice for extra charge. If the Customer does not agree to purchase the flight ticket for the altered price, the Order shall be cancelled, and the Customer shall be refunded his / her money under these Terms.
3. Ticketing (issuance)
3.1. Upon placement of Order and after the Authorized Person has confirmed the Order (via Online Booking Tool or email) or after the Agency has received payment (proof of payment) if the services are sold on the advanced payment basis, the Agency makes a request for the issuance (ticketing) of the Flight Ticket. The Agency issues the Ticket after its authorization / confirmation by the Carrier. The terms of flight ticket issuance is negotiated by the Parties in the Business Travel Services Agreement.
3.2. The period from Order placement by the Customer to confirmation / payment thereof is limited by the requirements to the issuance (ticketing) of Flight Tickets of the respective Carrier, but shall not exceed 12 (twelve) hours (or any other period specified by the Agency for a certain Order), otherwise the Flight Ticket price may be changed by the Carrier or in the GDS.
3.3. In case of a delayed confirmation / payment for the Order, such Order is automatically canceled, and the Flight Tickets (seats), specified in the Order, are returned on general sale.
3.4. In case that the Customer needs over 12 (twelve) hours to confirm/pay for the Order, the Customer shall send to Agency's email address a message with a request to extend the payment period for the Order. If the rules of a certain Carrier allow extending of payment period for the Order, the Agency extends for the Customer the payment period for the Order.
3.5. If due to errors or delays on Agency's part, the Flight Ticket issuance (ticketing) / order of Carrier's Ancillary Service, according to the Order is not possible, the Agency shall be liable for the reimbursement of direct proven damages incurred by the Customer / Traveler, but the liability, in any case shall not exceed the original cost of the Flight Ticket / ancillary Service of the Carrier, defined in Order. The Agency shall not liable for a failure to issue (ticket) the Flight Ticket:
3.5.1. if the Supplier did not authorize the request for both booking and ticketing of the Supplier Services;
3.5.2. due to change of Service Cost, Fare Rules, service provision rules, seats unavailability etc;
3.5.3. due to technical problems with the access to the GDS/Booking System; and
3.5.4. due to other circumstances that are beyond the Agency’s control (force majeure).
3.6. The method of flight ticket issuance/ticketing (per segment issuance) is notified to the Customer in Fare Rules before Order placement. The Customer shall on their own get acquainted themselves with the specified terms and conditions and, respectively, make an informed choice of the conditions of Order, issuance, and payment thereof.
3.7. Issuance / ticketing of the flight ticket (per segment issuance) is carried out per each flight segment; the Customer is also offered an option to create separate Bookings per each flight segment or choose other terms and conditions of a trip. During flight ticket issuance, fare rules may vary for different flight segments in one Order.
3.8. Service Rules / Fare Rules apply to each flight ticket separately (in case of a per segment ticketing), and, therefore, the following conditions may vary:
3.8.1. making changes and refund of flight tickets;
3.8.2. the rules for carriage of baggage, animals and terms and conditions of Carriers’ ancillary services;
3.8.3. the conditions of refund or provision of alternative flight options in case of flight cancellation / rescheduling due to Carrier's fault. In this case, an alternative solution or refund of tickets will be offered to the Traveler only for the flights issued in one ticket;
3.8.4. the peculiarities of involuntary changes and refund of the flight tickets at the Customer's request. In this case, a request for making changes to / flight tickets refund due to: (i) Traveler's or their close relative's disease / death, (ii) the refusal to issue a visa, documents that provide grounds for the request shall be considered for each ticket separately.
4. Refund / Exchange
4.1. Flight ticket refund / exchange (making changes to) is carried out pursuant to the Fare Rules which regulate air carriage of a particular flight ticket, and by internal rules of respective Carrier. In addition to the fines of the Carrier, additional charges of the Carrier and Agency's transaction service fee, negotiated in the Business Travel Services Agreement, for the provision of services may be applied in case of flight ticket refund / exchange (making changes to).
4.2. A request for making changes to flight tickets or refund thereof shall be carried out by the Customer 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 the request for flight ticket refund or exchange is submitted. If the Customer submits a request for flight ticket refund/exchange/change not via the “My account” section but via Customer Care Service (by way of a phone call / by way of an email, etc), the Customer Care Service will recommend the Customer making the request for flight ticket refund/exchange/change via the “My account” Section.
4.3. As a general rule, any requests for making changes to flight tickets are usually considered by Carriers within 2 (two) weeks. 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 Customer in case of delay in request consideration by the Carrier.
4.4. The Agency replies to Customer's requests for Flight Ticket refund / exchange / change upon receipt of Carrier's answer and confirmation according to the following procedure:
4.4.1. to a voluntary request for the calculation of date/flight/name change or to the request for the confirmation of date/flight/name change – within 24 (twenty four) hours, per request;
4.4.2. to an involuntary request for the calculation of date / flight change or to the request for the confirmation of date / flight change – within 24 (twenty four) hours and no later than 5 (five) hours before flight departure, on condition that the request was received from the Customer no later than 12 (twelve) hours before flight departure;
4.4.3. to a request for the calculation of Flight ticket refund / confirmation of Airline ticket refund – within 24 (twenty four) hours, per request.
4.5. If a request for flight ticket refund/exchange/change requires Carrier's permit / confirmation / explanation, the Agency submits the Carrier a respective request within 24 (twenty four) hours of receipt of Customer's request. The Agency shall not influence the period of consideration and receipt of Air Carrier's reply, and therefore, the terms, specified above, shall be postponed until the Agency receives Carrier's reply.
5. Refund
5.1. The terms and conditions of a refund for the ordered ancillary services of the Carriers (e.g., payment for excess baggage) shall be communicated to the Customer after the request for refund was made.
5.2. 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.
5.3. In case of payment for flight tickets directly to the Agency, the refund shall be carried out within 3–10 business days. The timing of refund shall be calculated from the date of confirmation by the Customer of the refundable amounts in the "My Account" section.
5.4. In case of Form / Ticket cancellation / refund upon Customer request, Agency's service fee (service, transaction fee), as well as payment systems' money transfer markups are not refunded.
6. Flight Tickets Service. Features of Flight Tickets of Low-Cost Carriers (Budget Airlines):
6.1. When purchasing flight tickets for the flights of Low-Cost Carriers, the following terms and conditions shall apply:
6.1.1. The funds on Customer's payment card may be debited directly by the Carrier or by the Agency. When processing of payment transaction, the Carriers may apply extra fees and commissions. The amount due, displayed on the Website, may differ from the amount that will be debited from the Customer’s payment card, and such change of price including extra fees and commissions shall not be considered a breach on Agency's obligations hereunder.
6.1.2. By placing the Order, you agree that you were informed of the pricing conditions for the flight ticket and the terms of payment and you unconditionally accept the defined conditions. You agree and accept that the Agency cannot be held liable for extra fees and commissions applied by the Carrier, since the Agency only provides the Customer with the information about pricing policies of the Carrier but is not involved in drafting the policy of interaction between the participants serving the payment transaction from its formation to the debiting of funds to Customer's account, as well as crediting of funds to the account, due to ticket refund.
6.1.3. The currency, which is debited, may depend on the departure point of the flight chosen by the Customer.
6.1.4. The booking reference number confirmed by the Carrier shall be the proof of the right to take a flight; the number of an e-ticket is usually not assigned.
6.1.5. Generally, the Rules of the Low-Cost Carriers do not provide for changing a route, last name, first name or paternal name of the Passenger.
6.1.6. The paid flight ticket is usually nonrefundable.
6.1.7. The Carrier is entitled to apply special conditions to the norms of carriage of baggage and check-in, which are defined by the Fare Rules or directly on low-cost Carrier's website.
7. Carrier’s Ancillary Services
7.1. The Customer may clarify with the Customer Care Service the availability and order Carrier's ancillary services if those are provided by the Carriers, namely: special menu, choice of seats on board, animals transportation formalities, nonstandard or additional baggage, apply for assistance in boarding of / disembarking of persons with disabilities, services to accompany children, etc. Some of the ancillary services are available during the Order placement on the Website of flights for certain Carriers.
7.2. The conditions, volume and price (extra fees) for such ancillary services are defined by the Carriers and depend on each separate flight. For processing of Customer's requests for ancillary services, Agency's service fee may be established.
7.3. The Agency shall send the request to the Carrier for the order of the ancillary services only after the confirmation of their payment from the Customer. The confirmation of purchase of the ancillary services of the Carriers is made by an electronic receipt that is sent to the Customer’s email address.
7.4. In case of non-confirmation by the Carrier of the ordered ancillary services, the Customer shall receive a full refund. In case of a refund for the ancillary services at the Customer’s request, the refund amount shall be calculated in accordance with the Fare Rules of the Carrier excluding the Service Fee of the Agency.
7.5. Please note that Carriers' ancillary services are canceled, changed or refunded as separate Services and do not depend on each other. Non-confirmation of the ancillary services does not lead to an automatic cancellation of the flight ticket. In such cases, the Customer Care Service informs the Customer of possible options to confirm or cancel flight tickets or ancillary services of the Carrier. The Customer shall carry out the confirmation of the services ordered in line with the term specified by the Customer Care Service.
7.6. The Agency shall not be liable and shall not compensate for any expenses relating to movement between terminals or airports.
ANNEX #2 TO THE GENERAL TERMS OF SERVICE: TERMS OF UKRAINIAN RAILWAY TICKET SALES
1. Definitions
In addition to the terms specified in the Agreement, this Annex provides the following special terms:
1.1. Order Form: an issued ecteronic document which is ready for printout and contains a unique order number (order code). Traveler can receive a Ticket by providing Order Form at a railway booking office located on the territory of Ukraine.
1.2. Ukrainian Railway Train Carriage Agreement: an agreement on passenger railway carriage, which is concluded between the Carrier, on the one hand, and the Traveler as a passenger, on the other hand, upon the Customer’s placement of, and payment for a Railway Carriage Service. Under the agreement the Carrier undertakes to carry the Passenger to the destination by providing a seat on the train, which follows the route, specified in the E-ticket/Ticket, and, if the railway Passenger carries baggage, to deliver this baggage to the destination as well.
1.3. E-ticket: an electronic travel document issued upon Customer’s successful placement of Order and payment, which contains information on the future trip and the baggage.
1.4. Electronic document on services: an electronic document, generated upon service issuance and successful payment, which confirms the service order operation.
1.5. Electronic document on refund: an electronic document, generated upon successful refund of E-ticket, which confirms the refund of funds for unused E-ticket.
1.6. Boarding document: a visualized E-ticket, or parts thereof, on paper or an electronic storage device (mobile phone, personal computer, SD card, etc.), which contains a unique code and a unique number of the electronic travel document, that enables the information scanning by a respective device or entering in a respective record form.
1.7. Ticket: a travel document issued on a special form at a railway booking office, based on an Order Form with a unique Order Number.
1.8. Order Number: a unique 16-character alphanumeric Order’s number, which is specified on the Order Form. It shall be used as a ground for Traveler to receive a Ticket at a railway booking office, which is located on the territory of Ukraine.
1.9. Electronic ticket Number: a unique 20-character alphanumeric number of E-ticket.
1.10. Carrier, Ukrainian Railway: Ukrzaliznytsia JSC, which provides passenger and baggage carriage services by railway.
2. General provisions
2.1. As a general rule, it is possible to buy a E-ticket/Ticket on the Website 30-45 days prior the departure date (depending on the type of the train) and no later than is provided by the Carrier’s rules. In case of any doubts, please consult regarding possibility of E-ticket/Ticket purchase with the help of the Customer Care Service.
2.2. Upon placement an Order, the Customer:
i. confirms that the Customer’s/Traveler’s get acquainted with all the requirements defined by the Agreement and the information published on the Carrier’s website, including, but not limited to, by the procedure of provision of issuance/refund of travel/carriage documents and associated services of the Carrier’s, the Rules of Passenger, Baggage, Cargo, and Mail Carriage by the Railway Transport of Ukraine approved by the Directive No.1196 of the Ministry of Transport and Communications of Ukraine as of 27 December 2006;
ii. confirms and agrees that any terms of Ukrainian Railway Ticket Service may be communicated just before Order placement (during every step of Booking), as well as be sent via email at any time before or after the placing the Order.
2.3. The person who used the Service and/or the person who is using E-ticket/Ticket shall be responsible for the compliance with the rules, listed herein.
2.4. The rules of baggage and animal carriage are defined by the Carrier and are available by the time of Order placement. The fare for baggage and animal carriage is communicated to the Customer upon the Customer’s choice of this service. Depending on the fare of an E-ticket/Ticket, the Passenger may carry certain amounts of baggage free of charge. The Customer shall, on their own, get acquainted themselves and the Traveler with the rules of baggage carriage and accept it. The Customer shall, on their own, get acquainted themselves and the Traveler with the list of items prohibited from carriage and with the carriage requirements for certain carriages categories, as well as the rules and allowance of baggage and animal carriage.
2.5. The Agency shall not be liable to the Customer / Traveler if during placement of the Order the System or the Customer Care Service didn't provide information about the rules, procedure, and conditions of baggage carriage, and the Customer, before the moment of Booking confirmation, has not get acquainted themselves with the rules, procedure and conditions of baggage carriage established by a Carrier under a certain fare.
2.6. The Customer may not use the System only to receive the information about schedules, available seats and prices. If the Customer does not book any E-ticket/Ticket within more than 2 (two) months or in case of discrepancy between the number of queries and paid Orders/Bookings, the Agency may suspend the Services or unilaterally suspend the Agreement.
3. Price of Service
3.1. The price of E-ticket/Ticket fare is defined by the Carrier. The Agency does not influence the Carrier’s fare policy.
4. E-ticket/Ticket booking
4.1. The Customer places an Order and provides an Order confirmation to the Traveler, namely when:
i. issuing Ticket – an Order Form with the Order Number or the Order Number, which allows to scan it from the Order and print out. On the basis of Order Form Traveler can print Tickets at an automated railway booking office, located on the territory of Ukraine, no later than 15 (fifteen) minutes before train’s departure. If less than 60 (sixty) minutes before train’s departure left, booking of Ticket is the only option;
ii. issuing E-ticket – a Boarding Document with the Order Number, E-ticket Number and two-dimensional barcode. It is impossible to book E-ticket, if less than 60 (sixty) minutes before train’s departure left.
4.2. All the documents provided to the Traveler shall contain Order Number and E-ticket number which the Customer receives via the System. If the Carrier does not issue an Order Number due to technical errors, the Customer must contact the Customer Support. If the Agency is not thus contacted, the Agency is not liable to the Customer/Traveler.
4.3. The period between the Customer’s placement of Order and payment / payment confirmation shall not exceed 30 (thirty) minutes. In the event of belated payment confirmation, the Order shall be automatically cancelled and the seats, specified in the Order, shall be offered to general sale.
5. Voluntary ticket refund
5.1. A ticket refund provides for a partial refund of the ticket within the period defined by the Carrier. Unless other rules are established by the Carrier, a ticket is refunded via “My account” section of the System or at railway booking offices. The method of refund depends on the type of ticket:
i. Ticket refund. In the “My account” section of the System it is possible to refund all tickets, specified in the Order Form, simultaneously (refund of portion of tickets only is not possible). If the Order Form was exchanged to Ticket at the railway office, it may be refunded only at the Carrier’s booking offices.
ii. E-ticket refund. Each particular ticket, specified in the Order, may be separately refunded in the “My account” section of the System.
5.2. When a ticket is refunded via the “My account” section of the System, the amount refundable shall be individually defined in each case, and shall exclude Ukrainian Railway’s charges, intermediaries’ penalties, and Agency’s fee. A ticket refund shall be deemed to be completed only upon Customer’s receipt of refund electronic document by means of the System.
5.3. When a ticket is returned at the Carrier’s booking offices, amount refundable is defined by the Carrier.
6. Carrier’s cancellation or rescheduling
6.1. Unless other rules are established by the Carrier, a ticket shall be refunded in the event of cancellation or rescheduling as follows:
i. Service providers are not obliged to inform the Agency about cancellation or rescheduling. That is why the Agency is unable to inform the Customer/Traveler about the Carrier’s cancellation of train and, therefore, shall not be liable for any losses incurred by the Customer/Traveler due to such cancellation or rescheduling. Therefore, you must, on your own, follow the information on the train, where the ticket was purchased.
ii. If a train is cancelled in advance, the Customer may refund/exchange the E-ticket/Ticket (if the Ticket was not exchanged at the Carrier’s booking office) in “My account” section of the System, if Carrier provides such possibility. If a Ticket was exchanged at railway offices, the ticket shall be refunded at railway offices. The terms of refund are defined by the Carrier.
iii. If a train is cancelled right before train’s departure, the Traveler shall contact the railway office for refund. The terms of refund are defined by the Carrier.
7. Carrier’s ancillary services
7.1. The Customer may separately order Carrier’s ancillary services, namely: carriage of animals, outsized or excess baggage. The terms of these services are defined by the Carrier.
ANNEX #3 TO THE GENERAL TERMS OF SERVICE: TERMS OF EUROPEAN RAILWAYS TICKET SALES
1. Definitions
In addition to the terms specified in the Agreement, this Annex provides the following special terms:
ANNEX #4 TO THE GENERAL TERMS OF SERVICE: TERMS OF NC "KAZAKHSTAN TEMIR ZHOLY” JSC RAILWAY TICKETS SALE
1. Definitions
(ii) confirms and agrees that any terms of Kazakh Railway Ticket Service may be communicated just before Order placement (during every step of Booking), as well as be sent via email at any time before or after the placing the Order.
(iii) confirms and accepts that if there is a conflict between the "Rules for the purchase of electronic travel documents (tickets)" approved by the Board of JSC NC "Kazakhstan Temir Zholy", set out on the official web-site of the Carrier (Rules of the Carrier) and the terms of this Annex, the Rules of the Carrier shall prevail over the conditions set forth in this Annex. Rules of the Carrier may be changed by the Carrier at any time at the discretion of the Carrier. You undertake to independently verify the compliance of the conditions of this Annex with the Rules of the Carrier and bear sole responsibility for failure to comply with this requirement.
1) at a railway booking office, located on the territory of the Republic of Kazakhstan with the obligatory presentation of the following documents:
(ii) issuing E-ticket - a Boarding Document with the Order Number printed on an A4 letterhead.
(ii) Return of E-ticket at the railway ticket office of KTZ. Return of an unused E-ticket is made at the ticket office in the territory of the Republic of Kazakhstan, in accordance with the established terms of return, upon presenting the E-ticket or Order Number and the identity document of the passenger. It is possible to refund either the whole Order, as well as a specific E-ticket from the Order. If unused E-ticket for trains on the Republican conveyance is returned at the ticket office less than 1 hour before the departure of the train from the initial train departure station, the refund can be made only in course a claim procedure.
(iii) Ticket refund. The return of the unused Ticket can be made only through the railway ticket office of KTZ in the territory of the Republic of Kazakhstan upon presentation of the Ticket and the identity document original. The amount refundable is defined by the Carrier.
ANNEX #5 TO THE GENERAL TERMS OF SERVICE: TERMS OF BELARUSIAN RAILWAY TICKET SALE
1. Definitions
In addition to the terms specified in the Agreement, this Annex provides the following special terms:
(ii) confirms and agrees that any terms of the Carrier Ticket Service may be communicated just before Order placement (at each stage of the Booking), as well as be sent via email at any time before or after placing the Order.
ANNEX #6 TO THE GENERAL TERMS OF SERVICE: TERMS OF BUS TICKETS SALES
1. Definitions
In addition to the terms specified in the Agreement, this Annex provides the following special terms:
1. Definitions
In addition to the terms specified in the Agreement, this Annex provides the following special terms:
1.1. Train Carriage Agreement: an agreement on passenger railway carriage, which is concluded between the Carrier, on the one hand, and the Customer as a passenger, on the other hand, upon the Customer’s placement of and payment for the Order of a Railway Carriage Service. Under the agreement, the Carrier undertakes to carry the Passenger to the destination by providing a seat on the train, which follows the route, specified in the ticket, and, if the railway Passenger carries baggage, to deliver this baggage to the destination as well.
1.2. E-ticket (Print at home ticket): an electronic travel document issued upon the Customer’s successful placement of an Order and payment, which contains information on the future trip.
1.3. Railway Ticket (Print at the station ticket): a travel document issued at the railway ticket office or self-service terminal based on an order form or order number.
1.4. Carrier: a legal entity, which provides passenger carriage services in the territory of the European Union.
2. General provisions
2.1. The Customer may buy railway tickets of the Carriers, which render their services in the territory of the EU. It is possible to buy tickets via email without using the “My account” section.
2.2. The period of time for ticket purchase is provided for in the Carrier’s rules. In case of any doubts, please consult regarding the possibility of ticket purchase with the help of the Customer Care Service.
2.3. Upon placement of an Order, the Customer:
i. confirms that the Customer/Traveler get acquainted with all the requirements defined in the Agreement, fare rules, other reference information provided by Carriers, which is not part of this Agreement, as well as with the rules of local and international law;
ii. confirms and agrees that any terms of EU Railways Ticket Service may be sent via email (if applicable) at any time before or upon Order placement.
2.4. The person who used the Service and/or the person who is using ticket shall be responsible for the compliance with the rules, listed herein.
2.5. The Customer shall, on their own, get acquainted themselves and the Traveler with the rules of baggage carriage, the list of items prohibited from carriage, the carriage requirements for certain baggage categories, as well as the rules and allowance of baggage and animal carriage.
2.6. The Agency shall not be liable to the Customer / Traveler if during placement of the Order the Agency or the Customer Care Service didn't provide information about the rules, procedure, and conditions of baggage carriage, and the Customer, before the moment of Booking confirmation, has not get acquainted themselves with the rules, procedure and conditions of baggage carriage established by a Carrier under a certain fare.
2.7. The Customer shall not have the right to use a Service only to receive information about schedule, available seats and prices. If the Customer does not book any tickets within more than two (2) months or in case of discrepancy between the number of queries and paid Orders/Bookings, the Agency may suspend the Services or unilaterally suspend the Agreement.
2.8. If the Agency submitted a written request related to the Customer’s fulfillment of the terms and conditions of the Agreement, the Customer shall provide the Agency with necessary information and documents regarding the request subject within two (2) calendar days.
3. Price of Service
3.1. The price of a ticket fare is defined by the Carrier, Intermediaries. The Agency does not influence the Carrier’s/Intermediary’s fare policy.
3.2. Sometimes, the Carrier provides information about the total price of an Order consisting of several tickets, and not the cost of each ticket.
4. Tickets booking
4.1. The Customer submits an Order to the Agency’s email address. Also, the Agency accepts and agrees to receive Orders from authorized representatives of the Customer by phone. Orders received by phone shall be confirmed by sending emails. An Order must contain information on the itinerary, Travelers, urgency, etc.
4.2. Within 2 hours of receipt of an Order (unless otherwise agreed by the Carrier), the Agency informs the Customer of: (i) the possibility of service provision by the Carrier, (ii) the price of Carriers’ services, and (iіі) method of payment for the Order. Upon receipt of such information from the Agency, the Customer must confirm his/her Order or reject it. The availability of seats is specified at the time of Order placement and may alter before the purchase of a ticket.
4.3. The period of time between the Customer’s placement of an Order and payment/payment confirmation shall not exceed the period of time stipulated by the Carrier. In case of belated payment confirmation, an Order is cancelled and the seats specified in the Order are offered to general sale.
4.4. In the event that the requested tickets are available, the Agency shall send the Customer a letter of confirmation (which must be delivered to the Traveler by the Customer) via email:
i. in case of a Railway ticket (Print at the station ticket) – an Order Form or Order Number allowing the Traveler to receive his/her Railway ticket at the railway ticket office/self-service terminal within the period of time set by the Carrier;
ii. in case of an E-ticket (Print at home ticket) – an E-ticket which is a boarding pass. The Carrier may impose requirements for the quality of printing such tickets.
4.5. The Agency’s obligation to render Services arises and the period of time stipulated for the provision of such services starts upon: (i) the confirmation of an Order; and (ii) receipt of the information and documents necessary for service provision from the Customer.
4.6. If the requested tickets are not available and there are no alternatives to render the Services, the Customer shall be refunded according to the procedure depending on the method of settlement between the Parties, which is defined in the Agreement.
4.7. The type of a ticket is automatically determined by the Carrier without involving the Agency. It is possible familiarize with the type of a ticket the while Booking.
4.8. Depending on the rules of the selected Carrier, information on the number of a carriage and a seat may not be available at while Booking. The Traveler may acquaint himself/herself with such information only upon receipt of the Railway Ticket at the ticket office or self-service terminal.
4.9. All the documents provided to the Traveler shall contain order number and ticket number which the Customer receives by e-mail. If the Carrier does not issue an Order Number due to technical errors, the Customer must contact the Customer Support. If the Agency is not thus contacted, the Agency is not liable to the Customer/Traveler.
5. Peculiarities of using the Service
5.1. The peculiarities of use of a Service are determined for a ticket on a case-by-case basis and depend on a Carrier, type of a ticket, class of a train, etc.
5.2. As a general rule, the Traveler shall have his/her ID card when using a service. In case of a personal ticket, the name specified on the ticket and the name on the ID card must be the same.
5.3. Before boarding some trains, a ticket must be validated at certain terminals. The ticket, which is not validated, is deemed invalid.
6. Voluntary ticket refund / changes
6.1. Generally, it is impossible to make changes to a ticket, unless otherwise provided for by the Carrier as informed at while Booking.
6.2. Tickets may be refunded only if it is provided for in the Carrier’s rules and if these rules stipulate a full or partial ticket refund within the period of time set by the Carrier. Unless otherwise provided for in the Carrier’s rules, a ticket refund shall be carried out via email or at railway ticket offices. Some tickets are non-refundable.
6.3. If a ticket is refunded via email, the refund amount is calculated on a case-by-case basis and the Carrier’s fee, charges of intermediaries and the Agency fee are deducted from such amount.
6.4. If a ticket is refunded at a Carrier’s ticket office, the refundable amount is calculated by the Carrier.
7. Carrier’s cancellation or rescheduling
7.1. Suppliers are not obliged to notify the Agency of cancellation or rescheduling. That is why, the Agency is unable to inform the Customer/Traveler of the Carrier’s cancellation of a train and, therefore, shall not be liable for any losses incurred by the Customer/Traveler due to such cancellation or rescheduling. Therefore, you must, on your own, check for the information about the train for which you bought the ticket.
7.2. Unless otherwise provided for in the Carrier’s rules, in case of train cancellation or rescheduling, a ticket may be refunded via email or at railway ticket offices (according to the Carrier’s rules).
ANNEX #4 TO THE GENERAL TERMS OF SERVICE: TERMS OF NC "KAZAKHSTAN TEMIR ZHOLY” JSC RAILWAY TICKETS SALE
1. Definitions
1. In addition to the terms specified in the Agreement, this Annex provides the following special terms:
1.1. "Order form" - an issued ecteronic document which is ready for printout and contains a unique order number (order code). Traveler can receive a Ticket by providing Order Form at a railway booking office located on the territory of the Republic of Kazakhstan.
1.2. "Railway Train Carriage Agreement"- an agreement on passenger railway carriage, which is concluded between the Carrier, on the one hand, and the Traveler as a passenger, on the other hand, upon the Customer’s placement of, and payment for a Railway Carriage Service. Under the agreement the Carrier undertakes to carry the passenger to the destination by providing a seat on the train, which follows the route, specified in the E-ticket/Ticket, and, if the railway passenger carries baggage, to deliver this baggage to the destination as well.
1.3. "E-Ticket"- an electronic ticket with electronic registration, issued upon Customer’s successful placement of Order and payment/confirmation of payment for the E-ticket, which contains information on the future trip and the baggage. The necessity of electronic registration is determined by the Carrier, depending on the type of selected train. E-ticket does not require receipt of a Ticket at the railway booking office of the Carrier and, subject to other requirements for travel documents, is enough for the Traveler to take the train. In the train data (information) trains with active electronic registration service are marked with the sign "e".
1.4."Receipt of different charges ","KRS" – an electronic document formed as a result of a successful return of E-ticket and confirming the refund of funds for unused E-ticket.
1.5. "Ticket" - a travel document (an electronic ticket with the type "without electronic registration") issued on a special form at a railway booking office, based on an Order Form with a unique Order Number. Traveler have to obtain Ticket if railway ticket "with electronic registration" are not used in such type of train.
1.6. "Booking Number"- a unique 14-character alphanumeric Order’s number, which is specified on the Order Form. It shall be used as a ground for Traveler to receive a Ticket at a railway booking office, which is located on the territory of Kazakhstan.
1.7. "Carrier", "KTZ" - "National Company" Kazakhstan Temir Zholy" JSC, which provides passenger and baggage carriage services by railway, as well as its subsidiaries.
2. General provisions
2.1. As a general rule, it is possible to buy an E-ticket/Ticket on the Website not earlier than 45 (forty-five) days prior the departure date and no later than 1 (one) hour before the departure of the train unless Carrier's rules provide otherwise. In case of any doubts, please consult regarding possibility of E-ticket/Ticket purchase with the help of the Customer Care Service.
2.2. Upon placement an Order, the Customer:
(i) confirms that the Customer’s/Traveler’s get acquainted with all the requirements defined by the Agreement and the information published on the Carrier’s website, including, but not limited to, the procedure of provision of issuance/refund of travel/carriage documents and associated services of the Carrier’s, the Rules of Passenger, Baggage, Cargo, approved by the Order of the Minister of Investment and Development of the Republic of Kazakhstan № 545 of 30.04.2015, as well as the Rules for the organization of sales travel documents (tickets) on the railway transport in the Republic of Kazakhstan, approved by the Order of the Minister of Transport and Communications of the Republic of Kazakhstan № 742 of September 23, 2013, the Rules for the purchase of electronic travel documents (tickets) approved by the Board of the Joint Stock Company "National Company" Kazakhstan Temir Zholy" (hereinafter referred to as the "Rules of the Carrier").(ii) confirms and agrees that any terms of Kazakh Railway Ticket Service may be communicated just before Order placement (during every step of Booking), as well as be sent via email at any time before or after the placing the Order.
(iii) confirms and accepts that if there is a conflict between the "Rules for the purchase of electronic travel documents (tickets)" approved by the Board of JSC NC "Kazakhstan Temir Zholy", set out on the official web-site of the Carrier (Rules of the Carrier) and the terms of this Annex, the Rules of the Carrier shall prevail over the conditions set forth in this Annex. Rules of the Carrier may be changed by the Carrier at any time at the discretion of the Carrier. You undertake to independently verify the compliance of the conditions of this Annex with the Rules of the Carrier and bear sole responsibility for failure to comply with this requirement.
2.3. The person who used the Service and/or the person who is using E-ticket/Ticket shall be responsible for the compliance with the rules, listed herein.
2.4. The rules of baggage and animal carriage are defined by the Carrier and are available by the time of Order placement. The fare for baggage and animal carriage is communicated to the Customer upon the Customer’s choice of this service. Depending on the fare of an E-ticket/Ticket, the passenger may carry certain amounts of baggage free of charge. The Customer shall, on their own, get acquainted themselves and the Traveler with the rules of baggage carriage and accept it. The Customer shall, on their own, get acquainted themselves and the Traveler with the list of items prohibited from carriage and with the carriage requirements for certain carriages categories, as well as the rules and allowance of baggage and animal carriage.
2.5. The Agency shall not be liable to the Customer/Traveler if during placement of the Order the System or the Customer Care Service didn't provide information about the rules, procedure, and conditions of baggage carriage, and the Customer, before the moment of Booking confirmation, has not get acquainted themselves with the rules, procedure and conditions of baggage carriage established by a Carrier under a certain fare.
2.6. The Customer may not use the System only to receive the information about schedules, available seats and prices. If the Customer does not book any E-ticket/Ticket within more than 2 (two) months or in case of discrepancy between the number of queries and paid Orders/Bookings, the Agency may suspend the Services or unilaterally suspend the Agreement.
2.7. In the event of a written request from the Agency on the Customer’s compliance with the Agreement, the Customer must provide the Agency the requested information and documents concerning the subject of request within 2 (two) calendar days. The Agency may request the Customer the Operators’ Letters of Explanation, copies of Travelers’ claims, and other materials in order to investigate the Travelers’ claims.
2.8. In case of receipt of written notification from the Agency regarding revealed violations or deficiencies in the services rendered by the Agent, or in course of receipt and processing of funds received from the Travelers, the Agent undertakes to eliminate the revealed infringements or deficiencies for free within 2 (two) working days and provide the Agency with a respective report.
3. Price of Service
3.1. The price of E-ticket/Ticket fare is defined by the Carrier. The Agency does not influence the Carrier’s fare policy.
4. E-ticket/Ticket booking
4.1. The Customer places an Order and provides an Order confirmation to the Traveler, namely when:
(i) issuing Ticket - an Order Form with the Order Number and print out. On the basis of Order Form Traveler can obtain Tickets as follows:1) at a railway booking office, located on the territory of the Republic of Kazakhstan with the obligatory presentation of the following documents:
- a printed Order Form with the Order Number and other order data;
- the original of the document certifying the identity of the Traveler;
- identity documents for all Passengers listed in tickets in accordance with the Order data.
(ii) issuing E-ticket - a Boarding Document with the Order Number printed on an A4 letterhead.
4.2. All the documents provided to the Traveler shall contain Order Number and E-ticket number which the Customer receives via the System. If the Carrier does not issue an Order Number due to technical errors, the Customer must contact the Customer Support. If the Agency is not thus contacted, the Agency is not liable to the Customer/Traveler.
4.3. The period between the Customer’s placement of Order and payment/payment confirmation shall not exceed 15 (fifteen) minutes. In the event of belated payment confirmation, the Order shall be automatically cancelled and the seats, specified in the Order, shall be offered to general sale.
4.4. If the Order form or E-ticket are not emailed to the Customer within 2 (two) hours from a successful Booking on the Website, the Customer shall contact the Customer Care Service. If the Agency is not thus contacted, the Agency’s services hereunder shall be deemed as duly and fully provided.
5. Voluntary ticket refund
5.1. A ticket refund provides for a partial refund of the ticket within the period defined by the Carrier. Unless other rules are established by the Carrier, a ticket is refunded via “My account” section of the System or at railway booking offices. The method of refund depends on the type of ticket:
(i) E-ticket refund in the “My account” section of the System. In the “My account” section of the System it is possible to refund all tickets, specified in the E-ticket. (ii) Return of E-ticket at the railway ticket office of KTZ. Return of an unused E-ticket is made at the ticket office in the territory of the Republic of Kazakhstan, in accordance with the established terms of return, upon presenting the E-ticket or Order Number and the identity document of the passenger. It is possible to refund either the whole Order, as well as a specific E-ticket from the Order. If unused E-ticket for trains on the Republican conveyance is returned at the ticket office less than 1 hour before the departure of the train from the initial train departure station, the refund can be made only in course a claim procedure.
(iii) Ticket refund. The return of the unused Ticket can be made only through the railway ticket office of KTZ in the territory of the Republic of Kazakhstan upon presentation of the Ticket and the identity document original. The amount refundable is defined by the Carrier.
5.3. When a ticket is refunded via the “My account” section of the System, the amount refundable shall be individually defined in each case, and shall exclude Carriers’ charges, intermediaries’ penalties, and Agency’s fee. A ticket refund shall be deemed to be completed only upon Customer’s receiving of a Receipt of different charges.
5.4. In case unused E-tickets or Tickets are returned within 1 hour after the departure of the train from the station indicated in such tickets, the refund can be executed in course of the claim procedure, only if the Traveler directly applied at the ticket office and provided the identity document specified in the E-ticket. Return of the E-ticket is not possible, if the Traveler applies to the ticket office later than 1 hour after the departure of the train from the initial station.
6. Return of ticket outside of Kazakhstan
6.1. In case if the Ticket is received by the Traveler, and such Traveler is outside the Republic of Kazakhstan (CIS countries, Lithuania, Latvia, Estonia), then to return such Ticket, the Traveler needs to apply to the railway cashier in the host country where the seat is returned and an auxiliary proof of return is issued. In order to refund the E-ticket, the Traveler needs to apply to any ticket office of the Carrier only in the territory of the Republic of Kazakhstan with an application for a refund and a document issued in a foreign country and confirming the return of seats.
7. Claims procedure of E-tickets return
7.1. Travelers provides appeals via application. The Traveler must personally fill out an application in the form established by the Carrier and send the completed application to the Carrier by mail at one of the following addresses:
- Republic of Kazakhstan, Astana, ul. Goethe, 11 - regional branch for passenger transportation "Severny", tel.: +7 (7172) 93-23-89, 93-27-06;
- Republic of Kazakhstan, Almaty, ul. Tobayakova 2/1 - regional branch for passenger transportation "Yuzhny", tel.: +7 (727) 296-16-68; 296-11-41, 296-12-98;
- Republic of Kazakhstan, Aktobe, ul. Stationary, 11B - regional branch for passenger transportation "Zapadny", tel.: +7 (7132) 97-64-24, 97-60-22;
- Republic of Kazakhstan, Astana, ul. Kunaev, 6, block В - AO "Passenger transportation";
- To the e-mail: [email protected];
7.2. The order of consideration of applications of Travelers, the conditions for refund in the claim procedure are established by the Carrier.
8. Carrier’s ancillary services
8.1. The Customer may separately order Carrier’s ancillary services, namely: carriage of animals, outsized or excess baggage. The terms of these services are defined by the Carrier.
ANNEX #5 TO THE GENERAL TERMS OF SERVICE: TERMS OF BELARUSIAN RAILWAY TICKET SALE
1. Definitions
In addition to the terms specified in the Agreement, this Annex provides the following special terms:
1.1. “Order Form” - an issued electronic document, which is ready for printout and contains a unique order number (order code). The Traveler can receive a travel document by providing an Order Form at railway ticket office, located in the territory of the Republic of Belarus.
1.2. “Train Carriage Agreement” - an agreement on passenger railway carriage, which is concluded between the Carrier, on one hand, and the Traveler as a passenger, on the other hand, upon the Customer’s placement of and payment for a Railway Carriage Service. Under the agreement, the Carrier undertakes to carry the Passenger to the destination by providing a seat on the train, which follows the route, specified in the E-ticket/Ticket, and, if the railway Passenger carries baggage, to deliver it to the destination as well.
1.3. “E-ticket” - an electronic ticket with Electronic check-in, which is generated as a result of successful placement of an Order and payment/payment confirmation of an E-ticket via the Customer’s “My account” section. An E-ticket certifies the conclusion of an agreement on passenger railway carriage, has its own ID number, order number and contains full information on the upcoming trip. An E-ticket does not require obtaining of a Ticket at a railway ticket office, and subject to successful completion of Electronic check-in and compliance of the other requirements for the documents necessary for carriage, shall be sufficient for the Traveler to take the train. The “e” mark specified in the train information means that booking of E-tickets with Electronic check-in is possible.
1.4. “Electronic check-in” - a passenger’s consent for carriage based on the carriage agreement confirmed by an E-ticket without the issuance of a Ticket. Electronic check-in is carried out at the time when an E-ticket is bought by checking the corresponding marks in the “proceed with Electronic check-in automatically” field or upon the purchase of an E-ticket in the “My account” section. The procedure of Electronic check-in shall be completed at least 1 hour prior to the departure of the train from the initial station of the route.
1.5. "Receipt of different charges", "KRS" - an electronic document generated as a result of successful refund for an E-ticket and certifies the fulfilment of the refund procedure for the unused E-ticket.
1.6. “Ticket” - a ticket (a travel document without Electronic check-in), issued on a special form at a railway ticket office, located in the territory of the Republic of Belarus based on the Order Form containing a unique Order Number. The Traveler is required to receive a Ticket in case if E-tickets with Electronic check-in are not provided for the chosen train type.
1.7. “Order Number” - a unique 14-character alphanumeric Order’s number, which is specified on the Order Form. It shall be used as a ground for the Traveler to receive a printed Ticket at a railway ticket office, located in the territory of the Republic of Belarus.
1.8. “Carrier” - Belarusian Railway SC and its subsidiaries, which provide passenger and baggage carriage services by railway.
2. General Provisions
2.1. As a general rule, it is possible to buy an E-ticket/Ticket on the Website 45 days prior to the departure date and at least 1 hour prior to the departure of the train, unless other terms are provided for by the Carrier's rules. E-tickets/Tickets for some trains running to/from the Russian Federation can be bought 60 days prior to the departure date (the Carrier shall define a list of such trains). In case of any doubts, you may contact the Customer Care Service for details about the purchase of E-tickets/Tickets.
2.2. Upon placing an Order, the Customer:
(i) confirms that the Customer/Traveler has got acquainted with all the requirements set out in the Agreement and the information published on the Carrier’s website, including, but not limited to, by the Procedure of provision of issuance of/refund for travel/carriage documents and associated services of the Carrier, the Resolution of Council of Ministers of the Republic of Belarus No. 609 “About approval of Rules of public conveyances, baggage and cargo baggage by railway transport public” as of July 17, 2015.(ii) confirms and agrees that any terms of the Carrier Ticket Service may be communicated just before Order placement (at each stage of the Booking), as well as be sent via email at any time before or after placing the Order.
2.3. The person who used a service and/or the person who is using an E-ticket/Ticket shall be responsible for the compliance with the rules listed herein.
2.4. The terms and conditions of baggage and animal carriage are set out in the Resolution of Council of Ministers of the Republic of Belarus No.609 “About approval of Rules of public conveyances, baggage and cargo baggage by railway transport public” as of July 17, 2015 and are available at the following link . The Customer shall, on their own, get acquainted themselves and the Traveler with the rules of baggage carriage and the list of items prohibited for carriage, the carriage requirements for certain cargo categories, as well as with the baggage rules and allowance and animal carriage regulations.
2.5. The Agency shall not be liable to the Customer/Traveler if the information about the rules, procedure, and conditions of baggage carriage was not available in the System or Customer Care Service during Order placement, and the Customer, before confirming the Order, failed to get acquainted themselves with the rules, procedure and conditions of baggage carriage established by the Carrier under a certain fare.
2.6. The Customer shall not use the System only to receive information on schedules, seat availability and prices. If the Customer does not book any E-ticket/Ticket within more than 2 months or in case of discrepancy between the number of queries and paid Orders/Bookings, the Agency may suspend the Services.
2.7. The Customer shall not be entitled to use any references which could be associated as the Carrier’s office or its subsidiary.
3. Price of Service
3.1. The price E-ticket/Ticket is defined by the Carrier. The Agency does not influence the Carrier’s fare policy.
4. E-ticket/Ticket Booking
4.1. The Customer shall place an Order and provide an Order confirmation to the Traveler, namely when:
(i) issuing a Ticket – an Order Form with the Order Number or the Order Number. On the basis of an Order Form, the Traveler can receive a Ticket at a ticket office, located in the territory of the Republic of Belarus (addresses of railway ticket offices are available at the following link ) by providing the following necessary documents:- printed Order Form with the Order Number or other Order’s details;
- Traveler’s ID card original;
4.2. All the documents provided to the Traveler shall contain an Order Number, which the Customer receives via the System. If the Carrier does not issue an Order Number due to technical errors, the Customer shall contact the Customer Care Service. The Agency is not liable to the Customer/Traveler, if the Customer fails to contact the Customer Care Service in this case.
4.3. The period between the Customer’s placement of Order and payment/payment confirmation shall not exceed 20 minutes. In the event of late payment confirmation, the Order shall be automatically cancelled and the seats, specified in the Order, shall be offered to general sale.
4.4. In case that the Customer does not receive an Order Form or an E-ticket by email within 2 hours from a successful Booking made on the Website, the Customer shall contact the Customer Care Service. If the Customer failed to do so, the Customer’s services are deemed to be provided in full and properly.
4.5. The Customer shall keep the application for E-ticket/Ticket purchase within 2 years and provide it at the first request of the Agency within 2 working days.
5. Voluntary E-ticket/Ticket Refund
5.1. A railway ticket refund provides for a partial refund of a railway ticket within the period set by the Carrier. Unless other rules are established by the Carrier, a railway ticket is refunded in “My account” section of the System or at railway ticket offices, located in the territory of the Republic of Belarus. The refund method depends on the type of a railway ticket:
(i) E-ticket Refund
- In “My account” section of the System both an entire Order and a specific E-ticket in the Order can be refunded.
- At a railway ticket office. The refund for an unused E-ticket is carried out at a ticket office in the territory of the Republic of Belarus, in accordance with the refund period subject to the provision of the E-ticket or the Order Number and Passenger’s ID card. Both an entire Order and a specific E-ticket from the Order can be refunded.
5.2. In case an E-ticket/Ticket is returned, the refundable amount is determined on a case-by-case basis and Carriers’ fees, intermediaries’ charges, payment system surcharges and Principal’s fees are deducted. A ticket refund shall be deemed to be completed only upon the Customer’s receipt of confirmation via the System by receiving a Receipt of different charges.
5.3. The Customer shall keep the E-ticket/Ticket refund application within 2 years and provide it at the first request of the Agency within 2 working days.
6. Use of Service
6.1. When taking the train, the Traveler shall provide E-ticket with completed Electronic check-in or the Ticket, as well as ID card. ID card data shall match the passenger’s data specified in the E-ticket/Ticket. The deadline (accurate date and time) determined for the completion or cancellation of Еlectronic check-in, is set out in the E-ticket.
6.2. Travelers using reduced-price E-tickets/Tickets shall present the document entitling to the corresponding reduction.
7. Carrier’s ancillary services
7.1. The Customer may separately order Carrier’s ancillary services, namely: carriage of animals, outsized or excess baggage. The terms of these services are defined by the Carrier.
ANNEX #6 TO THE GENERAL TERMS OF SERVICE: TERMS OF BUS TICKETS SALES
1. Definitions
In addition to the terms specified in the Agreement, this Annex provides the following special terms:
1.1. “Bus carriage agreement” – agreement on passenger bus carriage concluded between the Service Provider, on the one hand, and the Traveler as a passenger, on the other hand, upon the Customer’s placement of, and payment for the Order of a Bus Carriage Service under which the Service Provider undertakes to carry the Passenger by bus to the destination providing a seat on the bus that follows the route specified in the ticket, and if the Passenger carries baggage, to deliver the baggage to the destination as well.
2. General Provisions
2.1. As a general rule, it is possible to buy bus ticket on the Website 60 days before the departure date and no later than departure time of the bus trip, unless other term is specified by the rules of the Carrier. In case of any doubts, please consult regarding possibility of bus ticket purchase with the Customer Care Service.
2.2. Upon placing an Order, the Customer
i. confirms that the Customer/Traveler got acquainted and accepted all requirements specified in the Agreement, General Terms of Service and the information published on the Service Provider’s website, terms of the Service Provider and any other terms of service as well as any reference information provided directly by the Service Providers that are not considered as the part of the Agreement, and is available in the System and/or resources of the Service Provider.
ii. confirms and agrees that any terms of Bus Ticket Service may be communicated just before Order placement (during every step of Booking), as well as be sent via email at any time before or after the placing the Order.
2.3. The person who used the Service and/or the person who is using ticket shall be responsible for the compliance with the rules, listed herein.
2.4. The terms of baggage carriage are defined in the rules of the Service Provider. Depending on the fare of a bus ticket, the Passenger may carry the specified amount of baggage free of charge. The Customer shall, on their own, get acquainted themselves and the Traveler about the rules of baggage carriage, the list of items prohibited for transportation and requirements to transportation of certain categories of goods, as well as with the rules and allowance of baggage carriage.
2.5. The Agency shall not be liable to the Customer/Traveler if during placement of the Order the System or the Customer Care Service didn't provide information about the rules, procedure, and conditions of baggage carriage, and the Customer, before the moment of Booking confirmation, has not get acquainted themselves with the rules, procedure and conditions of baggage carriage established by a Carrier under a certain fare. The Customer may not use the System only to receive the information about schedules, available seats and prices. If the Customer does not book any ticket within more than 2 months or in case of discrepancy between the number of queries and paid Orders/Bookings, the Agency may suspend the Services or unilaterally suspend the Agreement.
2.6. If the Customer violates the rules of bus ticket booking defined by the General Terms of Service, rules of the Carriers, any other applicable rules, or by its actions cause damages to the Agency or the Service Provider, the Agency shall be entitled, immediately within 15 minutes, to terminate Customer’s access to Bus Tickets Service in System for the term no less than 5 business days, but in any case, until the Customer eliminates all violations that caused such termination.
3. Price of Service
3.1. The price of bus ticket is defined by the Carriers and is available in System at the moment of Order placement on “as is and as available” basis. The Agency shall not make any warranties regarding possible change of bus ticket price starting from the Order placement until actual ticketing, since it does not influence fare policy of the Service Providers.
4. Bus ticket issuing
4.1. Depending on the selected Service Provider, the form and type of e-ticket may differ. Voucher/ticket type is defined by the Service Provider without involvement of the Agency and is clear only upon payment. Depending on the rules of Service, e-ticket may be of the following types:
(i) Voucher that shall be exchanged to a ticket at the ticket desk. Issuance of tickets on the basis of vouchers is made at the ticket desk free of charge not later than 5 – 15 minutes before bus departure according to the schedule (depending on the rules of the Service Provider). Ticket may only be issued to the person whose last name and additional information (if required by the Service Provider) are indicated on the voucher upon provision of Passenger’s ID.
(ii) Voucher that shall be exchanged at passenger boarding. Exchange shall be made by the bus driver or any other authorized person.
(iii) E-ticket. The Customer/Traveler undertakes to print out e-ticket. Printed e-ticket shall be provided when taking a bus.
4.2. The period between the Customer’s placement of Order and payment/payment confirmation shall be limited by the requirements to bus ticket issuance and shall not exceed 20 minutes. In the event of belated payment confirmation, the Order shall be automatically cancelled and the seats, specified in the Order, shall be offered to general sale.
5. Voluntary ticket refund
5.1. Ticket refund involves partial return of funds paid for the ticket within the period specified by the Carrier. Unless other rules are specified by the Carrier, ticket refund shall be made in the System or at the ticket desks of bus departure, or at the Carrier’s ticket office.
5.2. When executing ticket refund in the System, the refundable amount shall be calculated in each case separately, excluding Carrier’s/Provider’s fees, intermediaries’ fines and Agency service fee. Ticket refund shall be deemed completed only upon receipt of the letter to the Customer’s email with confirmation of the refund amount and change of booking status in the Personal account.
5.3. The amount of fine shall depend on the time remaining to bus departure. The minimum time for ticket refund in the System shall be defined by the Carrier for each route and may vary from 1 to 24 hours before bus departure. If refund function is not available in the System, the refund shall be executed at the ticket desk of bus departure or at the Carrier’s ticket office.
5.4. If an exchangeable voucher has been exchanged to a ticket at the ticket office, refund by means of the System will not be possible, refund can be executed at the ticket desk of bus departure or at the carrier’s ticket office.
5.5. When executing ticket refund at the Ticket desk of bus departure/the Carrier’s ticket office, the amount of refund will be defined by the Carrier, the refundable amount shall be calculated individually in each separate case with the deduction of the Carrier’s/Supplier’s fees, intermediaries’ fines.
6. Cancellation or Changes in bus schedule by the Carrier/Service Provider
6.1. Unless other rules are specified by the Carrier, ticket refund in case of cancellation or changes in bus schedule will be executed as follows. The Carrier/the Service providers are not obliged to inform the Agency about cancellation or rescheduling. That is why the Agency is unable to inform the Customer/Traveler about the Carrier’s cancellation of bus and, therefore, shall not be liable for any losses incurred by the Customer/Traveler due to such cancellation or rescheduling. Therefore, you must, on your own, follow the information on the bus, where the ticket was purchased.
ANNEX #7 TO THE GENERAL TERMS OF SERVICE: TERMS OF INSURANCE SERVICES SALE
1. Definitions
In this Annex, special terms, in addition to the terms specified in the Agreement, are defined, namely:
1.1. Insurance policy: an insurance agreement in the form of electronic digital document which confirms a Traveler’s right to use an insurance service and obliges the Insurer to provide such insurance service.
1.2. Insurer, Service provider: a legal entity which has the right to provide insurance services.
2. General provisions
2.1. The Agency recommends to have an insurance policy while traveling. Some Service Providers may require having an insurance policy as a precondition for rendering Services.
2.2. By placing an Order, the Customer:
i. confirms that the Customer/Traveler has got acquainted with all the requirements set out in the Agreement and the information published on the Insurer’s website, including, but not limited to, the terms of insurance, payment methods, the procedure for the termination of the insurance agreement, Insurance policy cancellation, and other terms of service provision, which differ depending on the selected type of insurance and the Insurer, as well as other reference information, provided by the direct Service Suppliers, which are not part of this Agreement, but are provided in the System and/or on information resources of the Service Provider, rules of local or international legislation;
ii. confirms and agree that any terms and conditions of the Insurance Services may be communicated to you just before the Order placement (during every step of Booking), as well as be sent via email at any time before or after placing the Order.
2.3. The person who used a service and/or the person who is using an Insurance policy shall be responsible for the compliance with the rules listed herein.
2.4. The Agency shall not be liable to the Customer/Traveler if the information about the rules, procedure, and conditions of Insurance services was not available in the System or Customer Care Service during Order placement, and the Customer, before confirming the Order, failed to get acquainted themselves with the rules, procedure and conditions of Insurer. In the event of any questions about Insurance Services (including, but not limited to, the terms of insurance fee and premium), we recommend you directly contact the Insurer.
2.5. The Customer may not use the System only for the purpose of reference, in particular, on price of Insurance Services. If the Customer does not create a single booking within 2 months or in the event of evident discrepancy between the number of queries and paid Orders/Bookings, the Agency may suspend the Services or unilaterally refuse from the Agreement.
2.6. In the event of the Agency’s written request regarding the Customer’s fulfilment of the terms of the Agreement, the Customer should provide the Agency the necessary information and documents related to the subject of request within 2 calendar days.
3. Price of Service
3.1. The price of Insurance policy is defined by the Insurer. The Agency does not influence the Insurer’s pricing policy.
4. Insurance Policy issuing procedure
4.1. Upon Customer’s Order and payment confirmation, the System generates an Insurance Policy. The Customer provides the Traveler an Order Confirmation, namely, the Insurance policy.
4.2. All the documents provided to the Traveler shall contain Insurance policy number, which the Customer receives via the System. If the Insurer doesn’t issue an Insurance policy number due to technical errors, the Customer shall contact the Customer Support. The Agency is not liable to the Customer/Traveler in this case.
4.3. The period between the Customer’s placement of Order and payment / payment confirmation shall not exceed 12 (twelve) hours. In the event of the late payment confirmation, the Order shall be cancelled automatically.
5. Change, cancellation of the Insurance policy
5.1. The Customer/Traveler is informed and agrees that it is impossible to apply changes to the Insurance Agreement.
5.2. Insurance policy cancellation provides for a partial refund of the Insurance policy within the period defined by the Insurer, in case the Insurance policy hasn’t taken effect. Unless other rules are established by the Insurer, the Insurance policy is refunded in “My account” section of the System or at Insurer’s offices.
5.3. When an Insurance policy is canceled from the Personal account in the System, the amount refundable is individually defined in each case, without Insurer’s charges, intermediaries’ penalties, and Agency’s fee. An Insurance policy is deemed to be canceled only upon Customer’s receipt of a confirmation, by means of the System, via electronic refund document.
5.4. When an Insurance policy is refunded at the Insurer’s office, the amount refundable is defined by the Insurer.
ANNEX #8 TO THE GENERAL TERMS OF SERVICE: TERMS OF TRANSFER SERVICES SALE (VEHICLE RENTAL SERVICES WITH A DRIVER)
1. Definitions
In addition to the terms specified in the Agreement, this Annex provides the following special terms:
1.1. Voucher: an electronic document which proves the rendering of Transfer or Rental services with a driver to a certain Passenger in a certain place on a certain date.
1.2. Vehicle rental with a driver, Rental: provision of vehicle with a driver for the rendering of carriage services to the Traveler within a city specified in the Booking. Rides outside cities, from/to the airport, from/to the train station (if they are located outside the city) are deemed Transfers.
1.3. Transfer: a service which includes waiting for the Traveler at the airport or train station before their actual arrival; driver’s meeting of the Traveler at the Airport’s Terminal, on the train station’s platform or in the hotel lobby with a card containing an individual text specified in the Booking; driver’s assistance in the delivery of Traveler’s baggage from the place of meeting to the vehicle, which was booked and confirmed in advance, further storage of baggage in the vehicle; Traveler’s ride on the vehicle to the destination.
2. General provisions
2.1. The Customer may purchase Transfer/Rental services via email without using the functionality of “My account” in the System.
2.2. As a general rule, a Transfer/Rental service may be ordered within the period stipulated by the Carrier’s rules.
2.3. By placing an Order, the Customer:
(i) confirms that the Customer/Traveler get acquainted with all the requirements and fare rules, as well as with other reference information provided by direct Suppliers, which is not part of this Agreement, with local and international legislation;
(ii) confirms and agrees that any terms of Transfer/Rental Service may be sent via email at any time before or after the placing the Order.
2.4. The person who used the Service and/or the person who is using Service shall be responsible for the compliance with the rules, listed herein.
2.5. In case a written request has been received from the Agency, which is related to the Customer’s compliance of the terms of Agreement, the Customer must provide the Agency with the required information and documents relating to the subject of request within 2 calendar days.
3. Price of Service
3.1. Price of Service is defined by the Supplier. The Agency does not influence the Supplier’s fare policy.
3.2. To order a transfer, any address within the city will be deemed an additional address. The price of transfer to the additional address is communicated to the Customer during the placement of Order and may not be altered after Booking.
3.3. If the starting point of vehicle Rental with a driver is:
(i) an airport within the city, then the first hour of the service rendered is rated as Transfer, whereupon the vehicle Rental service with a driver starts being rendered;
(ii) another city outside the place of Traveler’s stay, the price is increased by the price of Transfer to the specified city, while the time for the arrival of vehicle at the destination is deemed a Transfer and all the subsequent service – a Vehicle Rental with a driver, and rated respectively.
3.4. Services of vehicle Rental with a driver do not apply to the rides outside the city and to the airports, train and bus stations (if they are located outside the city); the mentioned rides are Transfers and are rated accordingly.
4. The procedure for Voucher issuance
4.1. The Customer submits the Order to the Agency’s email specified in the Agreement. The Order is submitted according to the established form (whose template the Agency provides to the Customer separately, on request) and must contain information on the itinerary, Travelers, urgency, etc.
4.2. Within 2–24 hours (depending on the complexity of the Order) of the receipt of Order, the Agency informs the Customer of: (i) the possibility of services provision by the Carrier, (iii) price of Travelers’ services, itinerary, dates, penalties, and (iii) method of payment for the Order.
4.3. If it is possible to render Transfer/Rental services, the Agency emails the Customer an Order confirmation (which the Customer in its turn delivers to the Traveler) in the form of a Voucher. The Voucher contains all the required information on the Service, including the Booking number.
4.4. If the Customer provides incomplete or inaccurate information in the Booking, the Supplier may change the price of Service unilaterally or deny Service and demand reimbursement.
4.5. All the documents provided to the Customer must contain a Booking Number, which the Customer received via email. If due to technical errors, the Supplier does not allocate Booking Number, the Customer must contact the Customer Care Service. If the Agency is not thus contacted, the Agency is not liable to the Customer/Traveler.
4.6. The period between Customer’s placement of Order and payment / payment confirmation is established by the Carrier and is communicated to the Customer via email. In the event of belated payment confirmation, the Order is canceled automatically.
5. Procedure for the rendering of Services of Transfer / Car Rental with a driver
5.1. Peculiarities of the Transfer Services provision:
(i) Transfers are carried out in car vehicles of various classes, minivans, minibuses, and buses.
(ii) If a Transfer in a minivan, minibus, or bus is ordered, the Customer must appoint the senior of a group (by default, the fist Traveler listed in the Booking is deemed as such), in order to solve all the issues that arise during Transfer provision. Responsible for the gathering and seating in a vehicle is the senior of the group. Services rendered with minibuses and buses do not provide for the meeting with a card at the airport, on train station platform or in hotel lobby (the card is fixed to the windshield of the vehicle), and baggage delivery and/or storage assistance is not provided.
(iii) Free waiting time for the Traveler is 20 minutes of the arrival of train, bus, or arrival at the address in (outside) the city and 1 hour of plain’s landing at the airport if other periods are not established by the Supplier. On expiry of the specified period and Traveler’s no-show, the Service is deemed to have been duly provided.
5.2. Peculiarities of the rendering of Vehicle Rental Services with a Driver. As a general rule, minimum period for vehicle rental with a driver is 2 hours if other period is not established by the Supplier (depending on the vehicle class or the city wherein the Service is rendered).
5.3. Before rendering Services, a driver may demand that the Traveler show their ID, as well as their respective Voucher.
5.4. The Supplier shall apply efforts to provide the Traveler a driver who speaks the traveler’s language but does not guarantee it.
5.5. In the event of vehicle’s mechanical failure, the Supplier must replace the vehicle with one of an equal class.
5.6. All the claims arising in the course of Transfer Services are filed in writing. The period for claims consideration is established by the Supplier.
5.7. Services are deemed to have been provided duly and in full if within 3 (three) days of Service provision, the Service Supplier did not receive from the Customer/Traveler justified written claims. On expiry of the above-mentioned period, Customer’s/Traveler’s claims on the drawbacks of the Services are not accepted.
5.8. In the event of incorrectly provided information on the ordered Service, Traveler’s no-show at the agreed place and time, a Booking canceled within a period shorter than the one specified in the Voucher, the Services of Transfer/Rental shall be deemed to have been provided duly and in full.
5.9. The Supplier is responsible for the actions of third parties involved in the rendering of services, except when Passengers’ life and health were harmed in a traffic accident. Responsibility for the harm to Passengers’ life and health in a traffic accident is stipulated and regulated within the third-party liability car insurance in accordance with the legislation of the country wherein the Services are rendered.
5.10. In case the Traveler misses the flight because of the fault of the Supplier, the latter reimburses the cost of flight (train) ticket change in the order and the amount established by the Supplier. To receive a reimbursement, the Customer must provide the Supplier with documents certifying such costs, as well as the documents confirming the Supplier’s fault.
6. Voluntary cancellation/change of Voucher/route
6.1. The Customer/Traveler may cancel the rendering of Services if the such option is provided by the Supplier and within the period established by the Supplier. The amount refundable is established by the Supplier in each case separately.
6.2. The Customer/Traveler may request a change of route:
(i) via email prior to the rendering of Services. The Agency may not guarantee its confirmation since it is the Service Supplier who takes the decision.
(ii) while the Services are being rendered. In that case, the Supplier reserves the right (1) to deny the change of route during the Service being rendered but will apply every effort to render such service; (2) to unilaterally apply changes to the terms of Service rendering (change of route, replacement of vehicle with one of a similar class, replacement of driver), without encroaching on the interests of the Traveler; (3) deviate from the time of vehicle arrival, specified by the Booking (such deviation does not result in penalties or any other compensation in Traveler’s behalf).
7. Suppliers failure to render Services
7.1. The Supplier may deny Services in the event of: mechanical failure, incorrect or incomplete information provided on the service of transfer; Traveler’s alcohol or drug intoxication; Traveler’s actions which threaten driver’s life and health, as well as the condition of the vehicle.
7.2. If the Supplier refuse to provide Services because of the fault of the Supplier less than 24 hours before the Service is rendered (if no other period is established by the Carrier), the price of services is refunded to the Customer within the period established by the Supplier.
ANNEX #9 TO THE GENERAL TERMS OF SERVICE: TERMS OF HOTEL SERVICES SALE
1. Terms and Definitions
In addition to the terms specified in the Agreement, this Annex provides the following special terms:
1.1. Booking: an individual Booking of Hotel Services submitted by the Customer (Booking on request and Booking with automatic confirmation), as well as group Booking submitted via email. A Booking is deemed individual or group pursuant to the Supplier’s/Hotel rules;
1.2. Voucher: an electronic information document containing a unique number, information about the Booking, as well as entitles the Traveler to accommodation at a certain Hotel with a certain type of meals and Room within the specified terms;
1.3. Hotel: a legal entity or private entrepreneur that renders Hotel Services;
1.4. Hotel Services: accommodation services rendered to the Traveler by providing a Room and ancillary services, e.g., meals, as well as other services;
1.5. Change of Booking/Cancellation: a Customer’s notice of the Traveler’s intention to change the terms and conditions of a Booking or cancel it;
1.6. Room: Hotel Rooms (or, if applicable, house or its part, apartment, etc.) presented in the System and/or in “My account” section;
1.7. Overbooking: a Booking of the same Room confirmed for two or more Travelers.
2. General Provisions
2.1. Upon placement an Order, the Customer:
2.1.1. confirms the Customer/the Traveler has familiarized and agreed with all terms and conditions set forth in the Agreement and information published on the website of the Supplier/Hotel, Supplier’s/Hotel’s terms and conditions (including, but not limited to tariff type, Booking cancellation/change policy, list of services included in the Booking, check-in and check-out time, ancillary services offered by the Supplier for additional cost) and other service terms and conditions, as well as other reference information provided by Suppliers/Hotels, which are not part of this Agreement, but are provided in the System and/or on information resources of the Supplier/Hotel.
2.1.2. confirms and agree that any terms and conditions of the Hotel Services may be communicated to you just before the Order placement (during every step of Booking), as well as be sent via email at any time before or after placing the Order.
2.2. It is forbidden to use fake names in Orders with the only aim of keeping a Room. Penalties may be imposed on Orders containing fake names pursuant to the Supplier’s/Hotel rules.
2.3. The Agency shall not be liable for the late check-in consequences, including penalties in the amount of a Booking price. If the Traveler is late for the agreed check-in time or arrives the next day, the Customer Care Service shall be notified accordingly and contacted as specified in the Voucher.
2.4. Settlement of Overbooking issues shall be within the competence of the Supplier/Hotel. The Agency shall not be responsible in case of an Overbooking.
2.5. Any disputes with the Supplier arising during the provision of a service, shall be settled by the Traveler by contacting the Customer Care Service as specified in the Voucher.
3. Price of service
3.1. The price for Hotel Services is defined by Suppliers/Hotels. The Agency does not provide any warranties with regard to a possible change of Hotel Service price from the time of the Order placement to the actual issuance of Voucher, as Agency does not influence the tariff policy of Suppliers/Hotels.
3.2. The amount of taxes and fees shall be subject to the Supplier’s rules and location of the Hotel. Taxes and fees are not always included in the price of a Booking. Information on taxes and fees may be set out in the email with the attached Voucher sent to the Customer.
3.3. All additional expenses incurred by Travelers shall be paid at the Hotel before the check out; the Agency shall not be responsible for personal expenses incurred by Travelers at the Hotel, unless such expenses have been agreed in advance and in writing by the Agency.
4. Booking of Hotel Services
4.1. Booking on request. The Order is shown in “My account” section with status “pending”. The Principal shall provide feedback on the Order at least two (2) hours upon its receipt:
4.1.1. The Rooms specified in the Order are removed from the general sale after payment and confirmation from the Supplier/Hotel.
4.1.2. If Rooms are available, status of the Order in “My account” section is changed to status “confirmed”, while the Order acquires the status of “Booking”.
4.1.3. If Rooms or other possibilities to provide Services are not available, the status of “Booking” in “My account” section is changed to status “rejected”, and the amount paid shall be refunded to the Customer according the method of payment between the Parties provided in the Agreement.
4.2. Booking with automatic confirmation:
4.2.1. The Rooms specified in the Order are removed from the general sale upon payment. Payment can be executed directly from the Customer's account or by the Agency, with subsequent charging funds by the Agency from the Customer's account. If the payment of Hotel Services is carried out by the Agency in foreign currency, the actual amount payable by the Client may differ from the cost of the Hotel Services that was displayed in the System at the time of placement the Order;
4.2.2. If Rooms are available, the status of the Order in “My account” section is automatically changed to status “confirmed” upon submitting the Order.
4.2.3. If Rooms or other possibilities to provide Services are not available, the status of the Order in “My account” section is automatically changed to status “rejected” upon submitting of the Order, and the amount paid shall be refunded to the Customer according the method of payment between the Parties provided in the Agreement.
4.3. Group Booking. The Customer shall send a Booking request to the following email address: [email protected]:
4.3.1. The Agency shall notify the Customer by email about unique terms and conditions for each group Booking. The Rooms specified in the Booking request are removed from the general sale upon payment and confirmation from the Supplier/Hotel.
4.3.2. If Rooms are available, the Agency shall send the Customer a Voucher via email.
4.3.3. If Rooms or other possibilities to provide Services are not available, the paid amount shall be refunded to the Customer according the method of payment between the Parties provided in the Agreement.
4.3.4. The Supplier/Hotel or the Agency at the request of the Supplier/Hotel shall have the right to cancel the Booking if there are any grounds to believe that a number of individual Bookings is deliberately separated group Booking. If it is the case, the Group Booking Rules are applicable to such Bookings, as well as change/cancellation/no-show fees, and the Agency shall not be liable for (failure to provide) the provision of services for the Traveler or for imposing penalties or increasing Hotel service price.
4.4. A Booking Service shall be deemed to be duly rendered by the Agency as soon as the Voucher has been emailed to the Customer. For individual Bookings, the Voucher is available in “My account” section as well.
4.5. The period between submitting of an Order by the Customer and payment conformation is limited by the Voucher issue requirements of the relevant Supplier of Hotel Services, but shall not exceed thirty (30) minutes. In the event of late payment confirmation, the Order shall not be confirmed, and the Customer shall forfeit the right to further claims.
5. Booking Change/Cancelation, No-show
5.1. The Customer is entitled to make changes to or cancel the Booking (if applicable) upon prior consent of the Principal, unless otherwise provided by the Supplier’s Rules at the time of Booking placement in the System. For instance, if the Customer/Traveler want to increase a number of nights in the Hotel, changes to the original Booking shall be made. The Agency cannot warrant that the Hotel will confirm such changes in the original Booking.
5.2. Possibility of introducing changes to a Booking shall be subject to Supplier’s/Hotel Rules. Processing of a request for refund and execution of direct refund to the Customer/Traveler, possibility to introduce changes or cancel of a Booking shall be within the competence of the Service Supplier/Hotel, and shall be carried out within the terms provided for by the Service Supplier/Hotel.
5.3. According to the Supplier’s/Hotel rules, the Customer/Traveler may be charged cancellation/change/no-show fees. The Agency shall not be liable for the consequences resulted from charging cancellation or no-show fees by the Supplier.
5.4. If the Booking is cancelled by the Agency at the request of the Customer, the confirmation of Booking cancellation is sent to the Customer. In case of non-receipt of such confirmation, the Customer shall notify the Agency, otherwise the Customer will be charged a no-show fee.
5.5. If the Customer is invoiced by the Agency for the Traveler’s no-show, and the Hotel confirms that the Traveler checked in, we will additionally invoice the Customer for extra nights.
6. Additional services, fines, miscellaneous
6.1. For the Traveler’s violation of Service Providers’ rules, penalties may be imposed on the Client / Traveler in accordance with the rules of the Service Provider/Hotel. The Agency does not bear any responsibility for the consequences resulted from charging off the funds for such violations by the Service Provider / Agency.
6.2. If the Hotel / Service Provider issues an invoice for additional services provided to the Traveler, we will issue an additional invoice for additional services payable by the Customer.
ANNEX #10 TO THE GENERAL TERMS OF SERVICE: TERMS OF CAR RENTAL SERVICE SALES
1. Definitions
In addition to the terms specified in the Agreement, this Annex provides the following special terms:
1.1. “Voucher”: an electronic document certifying the right to receive a Car Rental Service.
2. General provisions
2.1. The Customer can order a Car Rental Service via email without using the “My account” section in the System. As a general rule, the Car Rental Service can be ordered within the terms provided by the Suppliers’ rules. In case of any doubts, please consult regarding the possibility of ordering the Service with the Customer Care Service.
2.2. Upon placement of an Order, the Customer:
(i) confirms that the Customer/Traveler get acquainted themselves with all the requirements, car rental terms, Suppliers’ rules, and other reference information provided by direct Suppliers, as well as with the terms and conditions of the corresponding statutory instruments of the state where the car is picked up/dropped off or used;
(ii) confirms and agrees that any terms of the Car Rental Service may be sent via email at any time before or after placing the Order;
(iii) confirms that the Traveler has the corresponding valid driving license category. A temporary driving permit/driver’s document, as well as an expired driving license is not accepted and may be ground for the Supplier to refuse to render Services. The Traveler shall be fully and solely responsible to the Supplier and relevant state authorities, law enforcement authorities of the state, where the car is used, for the availability of the Traveler’s documents required for the use of the Service.
2.3. The Agency shall not be liable for the Supplier’s actions or inaction, errors, omissions, reservations, representations, warranties, infringement or negligence, including, but not limited to, accidents that may arise during or as a result of the use of a Service. Also, the Agency shall not be responsible for any breakdowns, car accidents or vehicle failures and will not indemnify for or compensate for any damages or extra costs incurred by the Traveler/Customer during or as a result of such circumstances. In the event of any breakdown, car accident or malfunction, the Traveler shall immediately call the Supplier.
2.4. The person who used the Service and/or the person who is using the Voucher shall be responsible for the compliance with the rules listed herein.
3. Price of Service
3.1. The Price of a Service is defined by the Supplier. The Agency does not influence the Supplier’s pricing policy.
3.2. When receiving a rental car at the corresponding pick-up location, the Traveler/Customer shall pay the Supplier a deposit in the amount determined by the Supplier without involving the Agency in any way whatsoever. The Supplier returns the Traveler/Customer the deposit when the car is returned and provided that the terms and conditions of the car rental agreement are duly complied.
3.3. The Customer/Traveler pays for the Supplier’s ancillary Services without involvement of the Agency.
4. Issuance of Voucher
4.1. The Customer sends the Order to the Agency’s email address. The Order must contain information on the Travelers, urgency, car class, pick-up and drop-off locations, etc. When placing an Order, the Customer has the right to choose the following car classes: “Full Size”, “Mid-size”, “Mini”, “Compact”, “Special”, “Standard”, and “Premium”.
4.2. Within the period of time set out in the Agreement, but not later than 2 hours after receipt of the Order, the Agency shall notify the Customer of: (i) the possibility of provision of Suppliers’ services, (ii) the price of Suppliers’ services, pick-up and drop-off locations and dates, penalties and (iii) method of payment for the Order.
4.3. If it is possible to render Car Rental Services, the Agency emails the Customer a letter of confirmation (which is delivered by the Customer to the Traveler) in the form of a Voucher. The Booking Service shall be deemed to be duly and fully provided by the Agency after the Voucher has been sent to the Customer’s email address. This Voucher shall contain all necessary information about the Service, including an Order number, names of Travelers, car class, dates, the Supplier’s fuel policy, etc.
4.4. All the documents provided to the Customer by e-mail shall contain an Order number. If the Supplier does not issue the Order number due to technical errors, the Customer must contact the Customer Support. If the Agency is not thus contacted, the Agency is not liable to the Customer/Traveler.
4.5. The period between the Customer’s placement of Order and payment/payment confirmation is determined by the Supplier and notified to the Customer by email. In the event of late payment confirmation, the Order shall be automatically cancelled.
5. Provision of Car Rental Services
5.1. The Traveler shall print out a Voucher. The printed Voucher shall be presented when car picking up. The Agency shall not be liable in case that the Supplier refuses to provide the Traveler with the rental car if the Voucher is not available/damaged.
5.2. A car model, except for its class, may be unilaterally changed by the Supplier, which is not influenced by the Agency in any way whatsoever.
5.3. The Traveler shall adhere to the terms and conditions of car rental provided by the Supplier, the Agency, as well as the conditions and requirements of the corresponding statutory instruments of the state where the rental car is picked up/dropped off, used, and shall be solely liable for their breach.
5.4. Car is returned at the drop-off location specified in the Voucher. If the car is returned by violating the Supplier’s fuel policy or in poor condition, the Supplier charges the Traveler for refueling and/or car wash costs.
5.5. In case of the provision of inaccurate information on the ordered Service, Traveler’s no-show at the specified location and on the specified date, cancellation of a Booking within the period shorter than the one specified in the Voucher, lack of funds on the payment card to pay the deposit, Car Rental Service shall be deemed to be fully and duly rendered.
6. Voluntary cancellation/change of Voucher
6.1. The Customer can cancel his/her Booking by submitting a cancellation request via email. The Customer/Traveler may cancel the provision of Services if the Supplier stipulates so and within the period of time set by the Suppler. The refundable amount is determined by the Supplier on a case-by-case basis.
6.2. It is not possible to introduce changes to the Booking.
ANNEX #11 TO THE GENERAL TERMS OF SERVICE: TERMS OF SALES SERVICE OF EXPRESS TRAIN TICKETS TO EUROPEAN AIRPORTS
1. Definitions
In addition to the terms specified in the Agreement, this Annex provides the following special terms:
1.1. Ticket: an electronic travel document or itinerary receipt issued upon successful placement of an Order and payment, which contains full information on the future journey and baggage (if applicable).
1.2. Carrier: a carrier which provides services of passenger and baggage railway carriage from/to European airports.
2. General terms
2.1. As a general rule, tickets of Carriers rendering the services of railway carriage from/to European airports can be purchased 75-90 days prior to the departure date, unless otherwise stipulated by the Carrier. The Customer Care Service provides information on the list of available express trains, as well as the period of time during which tickets can be purchased.
2.2. Upon placement of an Order, the Customer:
i. confirms that the Customer/Traveler get acquainted with all the requirements defined in the Agreement, fare rules and other reference information provided by direct Carrier/intermediaries, which are not included in this Agreement, as well as with the rules of local and international law;
ii. confirms and agrees that any terms of the Service of Express Trains to European Airports may be sent via email (if applicable) at any time before or upon Order placement.
2.3. The person who used the Service and/or the person who is using the ticket shall be responsible for the compliance with the rules listed herein.
2.4. The Customer must get acquainted and acquaint the Traveler with the rules for baggage carriage, the list of items forbidden from carriage and terms and conditions of carriage of separate cargo categories, as well as with the rules for carriage of baggage and animals and baggage allowance.
2.5. The Agency shall not be liable to the Customer/Traveler if, during the placement of an Order, the Agency and/or the Customer Care Service did not provide information on the rules, procedure and conditions of baggage carriage, and the Customer, before Order confirmation, failed get acquainted with the rules, procedure and conditions of baggage carriage stipulated by the Carrier under a certain fare.
2.6. The Customer shall not have the right to use a Service only to receive information about the schedule, available seats and prices. If the Customer does not book any tickets within more than two months or in case of an obvious discrepancy between the number of queries and paid Orders/Bookings, the Agency may suspend the Services or unilaterally suspend the Agreement.
2.7. If the Agency submits a written request related to the Customer’s fulfillment of the terms and conditions of the Agreement, the Customer shall provide the Agency with necessary information and documents regarding the request subject within two (2) calendar days.
3. Order of tickets
3.1. The Customer places an Order and confirms the placement of the Order by providing the Traveler with the ticket (itinerary receipt), which contains a QR code.
3.2. The period of time between the Customer’s placement of an Order and payment/payment confirmation shall not exceed the period of time stipulated by the Carrier. In case of belated payment confirmation, an Order is automatically cancelled and the tickets are offered to general sale.
3.3. Some Carriers put restrictions on the maximum number of passengers in an Order (generally, 8-9 passengers).
3.4. If the requested tickets are available, the Agency shall send the Customer the relevant ticket, which is a boarding pass (to be submitted by the Customer to the Traveler) via email. The Carrier may impose restrictions on print quality for such tickets.
3.5. The Agency’s obligation to render Services arises and the period of time stipulated for the provision of such services starts upon: (i) the confirmation of an Order; and (ii) receipt of the Customer’s information necessary for service provision.
3.6. If the requested tickets are not available and there are no alternatives to render the Services, the Customer shall be refunded according to the procedure depending on the method of settlement between the Parties, which is defined in the Agreement.
3.7. Depending on the rules of the selected Carrier, information on the number of a carriage and a seat (tickets of some Carriers are without seat assignment) may not be available. Tickets of some Carriers may be without the specific journey date and are valid within a certain period of time stipulated by the Carrier (specified on the tickets).
3.8. All the documents submitted to the Customer must contain an order number and a ticket number. In the event that the Carrier does not assign an Order Number due to a malfunction, the Customer must contact the Customer Care Service. If the Customer failed to contact the Agency, the Agency shall not be liable to the Customer/Traveler in such a case.
4. Peculiarities of use of Service
4.1. The peculiarities of use of a Service are determined for a ticket on a case-by-case basis and depend on a Carrier, type of a ticket, class of a train, etc. For instance, tickets of some Carriers are individual, some tickets require the name of one passenger, others are not individual.
4.2. Generally, tickets are valid within a certain period of time (mostly, from 3 to 12 months) and can be used for any journey within the validity period. However, the specific train, place and date can be specified on some tickets.
4.3. As a general rule, the Traveler shall have his/her ID card when using a service with an individual ticket. In case of an individual ticket, the name specified on the ticket and the name on the ID card must be the same.
5. Voluntary ticket refund/changes
5.1. Generally, it is impossible to make changes to a ticket, unless otherwise stipulated by the Carrier as informed while Booking.
5.2. Tickets may be refunded only if it is provided for in the Carrier’s rules and if these rules stipulate a full or partial ticket refund within the period of time set by the Carrier. Unless otherwise provided for in the Carrier’s rules, a ticket refund shall be carried out via email. Some tickets are non-refundable.
5.3. If a ticket is returned, the refund amount is calculated on a case-by-case basis, excluding Carrier’s fee, charges of intermediaries and the Agency fee.
ANNEX #12 TO THE GENERAL TERMS OF SERVICE: TERMS OF VISA ASSISTANCE SERVICE SALES
1. Definitions
In addition to the terms specified in the Agreement, this Annex provides the following special terms:
1.1. “Applicant”: a Traveler who, for the purposes of this Annex, obtains the status of “applicant” during the provision of a Visa Assistance Service.
1.2. “Visa Assistance Service”: one, several or all of the following services, as well as other ancillary services related to visa assistance rendered by Suppliers, including, but not limited to, the provision of consultations for the Customer/applicant (orally or in writing) regarding the received Order; provision of a list of the documents required for business visa issuance; registration with the corresponding embassy/consulate/visa application center for an interview and/or document submission (only if it is provided by the policy of the embassy/consulate); check of a set of documents; filling in an application of the corresponding embassy/consulate (only if it is provided by the policy of the embassy/consulate); submission of documents to the corresponding embassy/consulate/visa application center upon power of attorney (only if it is provided by the policy of the embassy/consulate); accompanying the applicant to the corresponding embassy/consulate/visa application center in case of personal submission of documents by the applicant (in case that the embassy/consulate/visa application service scheduled an appointment for the interview at a specified time); check of the passport status with the embassy/consulate/visa application center; passport collection at the embassy/consulate/visa application service upon receipt of an authorization letter (only if it is provided for in the policy the embassy/consulate); accompanying the applicant to the embassy/consulate/visa application center at a specified time in case of collection of the passport by the applicant (only if it is provided by the policy the embassy/consulate); conclusion of agreements on the provision of visa assistance services, authorization agreements and/or other agreements with the embassy/consulate/visa application center; payment of a consular fee and other charges when entering into agreements on the provision of visa assistance services, authorization agreements and/or other agreements with Suppliers.
2. General provisions
2.1. The Customer can order a Visa Assistance Service by email without using “My account” section in the System.
2.2. A Visa Assistance Service can be ordered within the period of time provided for in the Carriers’ rules. In case of any doubts, please consult regarding the possibility of purchase of the Service with the help of the Customer Care Service.
2.3. Upon placement of an Order, the Customer confirms and agrees that any terms and conditions of the Visa Support Service may be sent via email at any time before or after placing the Order.
3. Price of Service
3.1. The price of an Order is defined by the Carrier. The Agency does not influence the Carrier’s fare policy.
3.2. The cost of services of embassy/consulate/visa application center may be subject to separate payment.
4. Ordering Services
4.1. The Customer sends his/her Order to the Agency’s email address. The Order shall contain information on the type of a visa, visa recipient’s country of residence, urgency, etc.
4.2. Within the period of time set out in the Agreement, the Agency shall notify the Customer of: (i) the period of provision of Carriers’ services, (ii) the price of Carriers’ services and (iii) method of payment for the Order. Upon receipt of such information from the Agency, the Customer must confirm his/her Order within one (1) working day or reject it.
4.3. If it is possible to render services, the Agency sends the Customer a letter of confirmation. This letter contains all necessary information about the Service, including the Order number.
4.4. In case that the Customer is provided with insufficient or inaccurate information, the Supplier has the right to unilaterally change the price of an Order or refuse to render the Service and claim compensation for damage.
4.5. The period of time between the Customer’s placement of an Order and payment/payment confirmation is notified to the Customer via email. In case of belated payment confirmation, an Order is cancelled automatically.
5. Provision of Visa Assistance Services
5.1. After the Customer confirms his/her Order, the Agency provides him/her with a list of information and documents required for receiving of visa.
5.2. Visa Assistance (Visa Support) Services fall into 2 categories - standard and express:
(i) A visa assistance service shall be considered standard subject to the delivery of a full set of documents necessary for receiving of visa, to the Agency at least three (3) or more workings days prior to the scheduled submission of the documents to the corresponding consulate/visa application centre.
(ii) A visa assistance service shall be considered express subject to the delivery of a full set of documents required for receiving of visa, to the Agency at least three (3) workings days but not less than 24 hours prior to the scheduled submission of the documents to the corresponding consulate/visa application center. The possibility of provision of an express service must be confirmed by the Supplier beforehand.
6. Voluntary cancellation/change of Order
6.1. The Customer may cancel an Order if it is provided for by the Supplier and within the period of time set by the Supplier. The refundable amount is determined by the Supplier on a case-by-case basis.
6.2. The Customer can submit a request for the change of his/her Order via email both before the Services are rendered and during their provision if it is stipulated by the Supplier of such Services. The Agency cannot guarantee that such changes will be authorized, as it is the Supplier who makes a decision. If an Order is changed, the Supplier defines a changed fee.
ANNEX #13 TO THE GENERAL TERMS OF SERVICE: TERMS OF VIP SERVICE SALES
1. Definitions
In addition to the terms specified in the Agreement, this Annex provides the following special terms:
1.1. VIP Services: one, several or all of the following services, as well as other associated ancillary services, namely, the provision of services for Travelers (including, but not limited to, transit Travelers) when departing/arriving, use of VIP lounge (lounges) at the airport, individual accompaniment of the Traveler by an agent, including meeting, accompanying or transporting Travelers and their baggage by car to the aircraft, the VIP lounge; ensuring the screening of carry-on baggage, checked baggage and Travelers; provision of accompaniment services when passing customs and passport control upon filling a customs declaration by the Traveler; provision of information on departure/arrival time, flight delay, change of flight timetable; provision of information and accompaniment services when checking in; provision of information and accompaniment services when checking in and processing baggage; settlement of all disputes arising during check-in upon Customer’s consent; discussing with the Customer and settling issues regarding the carriage of oversized baggage, pets, luggage requiring the special carriage conditions; control weighing of the Traveler’s baggage; providing the accompaniers with the possibility of staying together with the Traveler before boarding; provision of conference hall, lounge rooms, provision of parking space, allowing a vehicle to park at the terminal, etc.
2. General provisions
2.1. The Customer can order a VIP Service via email without using the “My account” section in the System.
2.2. VIP Services can be ordered within the period of time provided for in the Suppliers’ rules. The volume of VIP Services depends on the specific Supplier and airport. Some airports (generally, regional airports) do not provide VIP services. In case of any doubts, please consult regarding the possibility of ordering the Service with the help of the Customer Care Service.
2.3. Upon placement of an Order, the Customer confirms and agrees that any terms of the VIP Service can be sent via email at any time before or after placing the Order.
3. Price of Service
3.1. The Price of a Service is defined by the Supplier. The Agency does not influence the Supplier’s fare policy.
4. Ordering Services
4.1. The Customer sends his/her Order to the Agency’s email address. The Order must contain information on the type and the list of VIP Services, the place of service delivery (airport), urgency, terms, Travelers etc.
4.2. Within the period of time set out in the Agreement, the Agency notifies the Customer of: (i) the possibility (non-possibility) of service provision by Suppliers, (ii) the price of Suppliers’ services and (iii) the method of payment for the Order. Upon receipt of such information from the Agency, the Customer must confirm his/her Order or reject it, within one (1) working day.
4.3. If it is possible to render services, the Agency sends the Customer a letter of confirmation as it is provided for by the Supplier. This letter contains all necessary information about the Service, including the Order Number, requirements, rules, reference information provided by direct Suppliers.
4.4. In case that the Customer provides insufficient or inaccurate information, the Supplier has the right to unilaterally change the price of an Order or refuse to render the Service and claim compensation for damage.
4.5. The period of time between the Customer’s placement of an Order and payment/payment confirmation is notified to the Customer via email. In case of belated payment confirmation, an Order is cancelled automatically.
5. Provision of VIP Services
5.1. The peculiarities of use of VIP Services are defined on a case-by-case basis and are subject to the Supplier, point of service delivery (airport), etc.
5.2. Generally, the Traveler must present his/her ID card and the flight ticket when receiving a VIP Service.
5.3. All claims arising during the provision of VIP Services must be sent in writing. The period of time for the consideration of a claim is stipulated by the Supplier.
5.4. Services are deemed to be duly and fully rendered if the Supplier does not receive any written reasoned objections from the Customer/Traveler within three (3) days of the completion of provision of the Service. Upon the completion of the foresaid period of time, the Customer’s/Traveler’s complaints about Services are not considered.
6. Voluntary cancellation/change of Order
6.1. The Customer may cancel an Order if it is provided for by the Supplier and within the period of time set by the Supplier. The refundable amount is determined by the Supplier on a case-by-case basis.
6.2. The Customer can submit a request for the change of his/her Order via email both before the Services are rendered and during the provision if it is stipulated by the Supplier of such Services. The Agency cannot guarantee that such changes will be authorized, as it is the Supplier who makes a decision. If an Order is changed, the Supplier defines a change fee.
ANNEX #14 TO THE GENERAL TERMS OF SERVICE: TERMS OF ADDITIONAL SERVICES SALES
1. Definitions
In addition to the terms specified in the Agreement, this Annex provides the following special terms:
1.1. Additional Services: one, several or all of the following services, including, but not limited, ferry tickets, charter flight tickets, payment for participance in conferences or other events, tickets on entertainment events, as well as other additional services, that are not stipulated above in other Annexes to the General Terms of Service and/or the Agreement, etc.
2. General provisions
2.1. The Customer can order Additional Services via email without using “My account” section in the System.
2.2. Additional Services can be ordered within the period of time provided in the Suppliers’ rules. The volume and possibility of provision of Additional Services depends on the specific Supplier. In case of any doubts, please consult regarding the possibility of ordering the Service with the help of the Customer Care Service.
2.3. Upon placement of an Order, the Customer confirms and agrees that any terms of the Additional Services can be sent via email at any time before or after placing the Order.
3. Price of Service
3.1. The Price of a Service is defined by the Supplier. The Agency does not influence the Supplier’s fare policy.
4. Ordering Services
4.1. The Customer sends his/her Order to the Agency’s email address. The Order must contain information on the type and the list of Additional Services, the place of service delivery, urgency, terms, Travelers etc.
4.2. Within the period of time set out in the Agreement, the Agency notifies the Customer of: (i) the possibility (non-possibility) of service provision by Suppliers, (ii) the price of Suppliers’ services and (iii) the method of payment for the Order. Upon receipt of such information from the Agency, the Customer must confirm his/her Order or reject it, within one (1) working day.
4.3. If it is possible to render services, the Agency sends the Customer a letter of confirmation. This letter contains all necessary information about the Service, including the Order number, requirements, rules, reference information provided by direct Suppliers.
4.4. In case that the Customer provides insufficient or inaccurate information, the Supplier has the right to unilaterally change the price of an Order or refuse to render the Service and claim compensation for damage.
4.5. The period of time between the Customer’s placement of an Order and payment/payment confirmation is notified to the Customer via email. In case of belated payment confirmation, an Order is cancelled automatically.
5. Provision of Additional Services
5.1. The peculiarities of use of Additional Services are defined on a case-by-case basis and are subject to the Supplier, place of service delivery, etc.
5.2. Prior obtaining of certain Additional Services the Traveler must present his/her ID card and/or other documents prescribed by Supplier.
5.3. All claims arising during the provision of Additional Services must be sent in writing. The period of time for the consideration of a claim is stipulated by the Supplier.
5.4. Services are deemed to be duly and fully rendered if the Supplier does not receive any written reasoned objections from the Customer/Traveler within three (3) days of the completion of provision of the Service. Upon the completion of the foresaid period of time, the Customer’s/Traveler’s complaints about Services are not considered.
6. Voluntary cancellation/change of Order
6.1. The Customer may cancel an Order if it is provided for by the Supplier and within the period of time set by the Supplier. The refundable amount is determined by the Supplier on a case-by-case basis.
6.2. The Customer can submit a request for the change of his/her Order via email both before the Services are rendered and during the provision if it is stipulated by the Supplier of such Services. The Agency cannot guarantee that such changes will be authorized, as it is the Supplier who makes a decision. If an Order is changed, the Supplier defines a change fee.