Thank you for visiting our website
https://e-kvytok.kiev.ua/en/ (hereinafter referred to as “the Website”)
1. PREAMBLEBefore using this Website, please carefully familiarize yourself with the conditions set forth in the Terms of Service (hereinafter referred to as “the Terms”). These Terms contain relevant information on using the Website and relevant information and precautions about provision of services which you may receive by means of this Website. You shall on your own familiarize yourself with these Terms before every instance of using of the Website.
If you do not agree with the conditions set forth in the Terms, you must not use the Website and, if possible, you should leave it.
On every login, you will be allocated a unique user identifier (generated, for your convenience, at the bottom of the page), which you may use to contact the Customer Care.
If you have any questions about using this Website, please contact the Customer Care:
Telephone: 38 044 228 13 85 (24/7, local operators' rates apply)
Email:
[email protected] Feedback:
[email protected]2. DEFINITIONS2.1. “The Agency,” “we” shall mean TTN BUSINESS TRAVEL MANAGEMENT LLC, headquartered at Ukraine, 79019, Lviv, 4-E Khimichna Street, room 501; registered number: 38370567; tax number: 383705613065; information on licences and certificates is available via this link
https://e-kvytok.kiev.ua/en/content/accreditation.html – the company which uses the Website and which is vested with the rights and obligations under these Terms.
Under these Terms, a reference to the Agency includes any Affiliates of the Agency.
2.2. “You,” “the Customer,” “the User,” “the Buyer” shall mean a natural person who uses the Website and/or makes Bookings according to the conditions defined in these Terms and is party to these Terms and/or Service provision agreement with the respective Supplier. The User, the Customer may be just as a direct recipient of the service purchased, so too he/she may purchase it for the use by a third party whose details he/she specifies in the Booking. On creation of, and payment for, the Order and issuance of Customer's Form for the receipt of a specific Service, the Customer acquires a respective status (e.g., a Passenger or other) in relation to the Supplier.
2.3. “The Website” shall mean a resource, available to general public, accessible for visual familiarization by any person, which is used by the Agency under a separate Agreement and located on the Internet at the subdomain addresses
https://e-kvytok.kiev.ua/avia/en/,
https://e-kvytok.kiev.ua/gd/en/,
https://e-kvytok.kiev.ua/bus/en/,
https://e-kvytok.kiev.ua/my/en/ and software whereby the following is provided in real time:
- display of User information on Services/Ancillary Services;
- provision of a technical capacity to create a Booking / Order via the Booking System which is available on this Website under the Terms.
2.4. “Acceptance of the Terms of Service” shall mean User's acceptance of these Terms by way of: (i) continued use of this Website (you get access or repeat access to the Website), and/or (ii) registration with the Website, and/or (iii) creation of Order for Supplier's Services and/or Agency's Services, and/or (iv) submission of a query to the Customer Care, leaving of a review on the Website, or submission of a message at the email address specified on the Website.
2.5. “Order” shall mean Customer's request, duly submitted for the purchase of a certain amount of Services, chosen by the Customer on their own or at third parties' request for the purpose of payment. The Order may provide for a prepayment or a full payment at the moment of its creation, or a payment within a set period of its confirmation. An unpaid Order shall mean that it is reserved for a set period and within this period it may be sold only to the Customer who generated it considering the conditions of These terms. An unpaid Order / Booking is defined and displayed in the section “My account.”
2.6. “Booking” shall mean automatic allocation (reservation) of Services to the Customer by the Service Booking System according to the Order which the Customer created. After an Order has been created, the Service, which the Agent selected, is withdrawn from sales for a period set by the Supplier (normally, from 15 minutes to 12 hours). Any Order acquires the status of Booking and shall be considered as accepted only on both of the two conditions: 1) receipt of payment for the Services; 2) receipt of Supplier's confirmation of a possibility to provide the Service included in the Order and authorization for the issuance of the Form. On the grounds of the confirmed Booking, a respective Form/Ticket is issued and emailed to the Customer, and the Booking status is defined and displayed in “My account.”
2.7. “Website's Services” shall mean Services which are available for order on the Website and include
Airline Tickets,
Train Tickets, and
Bus Tickets.
2.8. “Supplier's Services” shall mean services (carriage of passengers and/or baggage, car rentals, hotels, insurance, etc.) which are provided to the Customer by the Service Supplier under the Agreement between the Supplier and the Customer the conclusion of which is confirmed by a corresponding Form/Ticket. The amount of the Service and the beginning of its provision are selected by the Customer on their own when the Order is created from the options offered on the Website. Pursuant to the conditions of these Terms, the Service Suppliers are not obliged to provide Customers any services other than those specified in the Booking. Supplier's Services, Agency's Services, Ancillary Services, in common or in separate, may be referred to in these Terms as the
“Services.”2.9. “Agency's Services” shall mean a complex of actions directly performed by the Agency which includes:
(i) online display of Service Information for the Users;
(ii) provision of technical capacity to create an Order for Services through the Booking System which is available on the Website according to the conditions of the Terms;
(iii) provision of additional capacities during purchase of Services or refund of the Service / cancellation of the Booking.
(iv) Agency's Ancillary Services.
The Customer is informed of the amount and price of Agency's Services in the process of Booking or change/cancellation thereof and in the conditions of using each Service of the Website, and during payment they may be marked as the
“Service Fee” or as a separate price of Agency's Service. The payment for Agency's Service may be part of the Services' price payable by the Customer together with the order of the Service or is separately specified during each Order.
2.10. “Ticket/Form” shall mean an electronic digital document submitted to the Customer as a confirmation of Booking success. The “Form” is a generic term and applies to various types of Services. The type of Form/Ticket (“electronic ticket / itinerary receipt,” “electronic voucher,” “ticket,” “policy,” “form,” “electronic receipt,” etc.) depends on the type of the ordered and paid Service of the selected Suppliers.
A Form/Ticket:
(i) is stored in Service Supplier's system or in the global distribution system;
(ii) contains full range of Service details;
(iii) depending on the selected service, may display Agency's, Service Supplier's, Customer's ID information;
(iv) testifies to the purchase of Service or Booking thereof;
(v) confirms the right of the persons specified in the Ticket to use the Service;
(vi) obliges the Service Supplier to provide the Service;
(vii) is generated by the Agency or directly by the Service Supplier and, as an electronic document, is emailed to the Customer, and, under the general rule, is available in the section “My account.”
Depending on the type of carriage and Supplier's requirements, in order to receive the Service, certain Forms must be exchanged at respective booking offices of the Suppliers. The Customer is hereby informed that in case of failure to exchange the Forms at respective booking offices of the Suppliers, should such a need arise, he/she may be denied the Service.
2.11. “The Booking System” shall mean an information system which contains data on the full list of Services available to order on the Website (including flight times, norms of carriage, categories and specifications of vehicles, available seats, Service Supplier's rates, rules of application thereof).
The information in the Booking System is displayed on the Website according to how it was represented in the global distribution system (GDS), Service Supplier's Booking systems, or their authorized representatives. Considering this, the Information in the Booking System may be changed or amended at any moment, so the Customer is offered to use the Booking System “as is and as available.”
2.12. “The Section “My account” shall mean a closed section of the Website available only to the Users who registered / logged in and contains the subsections:
- “My orders” contain information on all the Orders created on the Website;
- “Customer information” – a mechanism to store and edit Customer's details;
- “Passenger information” – a mechanism to store and edit Passenger / Customer information;
- “Account settings” – a mechanism to change User's personal information, including the password to access the section “My account.”
2.13. “Supplier,” “Service Supplier,” “Carrier” shall mean (i) a legal person / a sole trader (i.e., airline companies, railway and bus operators, sellers of hotel services, suppliers of car rental services, insurance companies, etc.) that provides / undertakes to directly provide the Customer the services or other ancillary services and after-sales services, on the grounds of the Ticket, which confirms the agreement concluded between the Supplier and the Customer; (ii) a legal person / a sole trader that is an intermediary (an agent etc.) between the Customer and final provider of Supplier's Services. The Parties agreed that the list of Suppliers may be modified at Company's discretion at any time. Pursuant to these Terms, a reference to the Supplier may also refer to any GDS.
2.14. “Low-Cost Carrier.” Rules for Service Provision and ticket sales are regulated by special conditions of such low-cost carriers' work. The low ticket price of such low-cost carriers is possible due to the absence of traditional passenger services, which are offered by legacy airlines. Such ancillary passenger services are offered for additional fee. Under the general rule, airline tickets purchased from the low-cost Carriers are nonrefundable.
2.15. “Payment System” shall mean a payment organization, payment system members, and a number of relationships which arise between them during transfer of funds from the Customers for the services available to purchase on the Website at Agency's / Service Supplier's expense.
2.16. “Operator of payment infrastructure services” shall mean a clearing institution, a processing institution and other persons authorized to provide separate types of services in the payment system or perform operational, informational, and other technological functions relating to the transfer of Customer's funds for the services purchased on the Website, which hold the required licences and permits allowing to carry out a money transfer and are acting pursuant to the agreement with the Agency or with the Service Supplier.
2.17. “Agency's Office Hours” shall mean normal office hours of the Agency: 9:00–18:00, except Saturday, Sunday and public holidays, during which Agency's employees, except Customer Care agents, perform their functional responsibilities. You may submit your queries to the Customer Care via telephone at: 38 044 228 13 85 (24/7, local operator rates apply)
Email:
[email protected]
2.18. “Charter flights” are unscheduled air transportations performed by a carrier under the terms of an air charter – a contract between the customer (tour operator) and the air carrier on affreightment of all or part of the aircraft's capacity, as well as equivalent regular flights at special (non-refundable) fares.
3. GENERAL CONDITIONS
3.1. Subject matter of the Terms. Pursuant to the conditions of these Terms, the Agency provides Agency's Services by means of technical capacities of the Website. The Parties agreed that under the conditions of these Terms, Service Suppliers' booking and ticketing services are provided, which may be sold on the Website as separate travel services or as a specially tailored and developed travel product sold at special price offers. The Customer must receive and pay for the Services in the order and on the conditions provided by these Terms.
3.2. Integrity of the Terms. These Terms, the IATA Agreement, Service Rules / Fare Rules, as well as any policies and notifications of the Agency (which are related and may arise from these Terms, be available on the Website, be submitted in emails and SMS) just as during creation or Order, so too at any other time, constitute and integral agreement between you and the Agency.
The information contained in the section “Reference” contains general information on Agency's Services and must be used as general instructions in using the Website and ordering the Services. Please confirm the information published in the “Reference” section by contacting the Customer Care or the Supplier.
3.3. Acceptance of the Terms. If you performed actions which testify to the Acceptance of the Agreement, you:
(i) unconditionally, wholly, and without any modifications accept the conditions set forth in these Terms and understand the consequences of using this Website; and
(ii) confirm that you are familiarized with the conditions of these Terms and give your consent to act by strictly considering these conditions during use of the Website and creation of the Orders and in case of violations of the mentioned conditions, agree that the Agency has the right to take all the needed measures to prevent/eliminate the violations and protect its violated rights pursuant to the conditions of these Terms and provisions of applicable laws; and
(iii) give your consent to the collection and processing of your personal data pursuant to the conditions of the Privacy Policies set forth here
https://e-kvytok.kiev.ua/en/content/private.html; and
(iv) give the Agency (its partners or affiliates) your consent to act on your behalf and in your interest as your representative during creation of the Order and payment for the ordered services in the interest of Service Providers. If the purchase of the Service which you selected requires it, you hereby consent, confirm, and understand that debiting of funds on your account may be carried out by the Service Supplier or by the Agency (its partners or affiliates).
3.4. Amendments to the conditions. The Agency at its own discretion may from time to time amend the conditions of these Terms. The Agency will publish the amendments on this Website specifying the date of the latest version of these Terms. The Agency is not obliged to inform you of amendments to the Terms except publishing them on this Website. The changes take effect as of the Terms' publication with corresponding amendments on the Website. You shall, on you own, regularly check amendments to the Terms and their latest version. You understand and agree that your explicit acceptance of these Terms and/or use of this Website after the date of amendments publication shall mean that you fully and nonconditionally consent to the amended conditions of the Terms. If you don't accept the amended conditions of the Terms, you must quit using the Website.
3.5. Language of the Terms and language of the Website. The official language of the Website is the Ukrainian language, which prevails over other versions available on the Website. The Information displayed on the Website and these Terms are also translated into the English and the Russian languages solely for reference and for your convenience, and you accept such terms of service on this Website.
3.6. “Service Rules” or “Fare Rules” shall mean conditions of Service Suppliers whereunder booking, purchase, use, cancellation, change and/or return of a respective Service are carried out and which are mandatory for familiarization, negotiation, and performance by the Customers. Service Rules and Fare Rules are established by the Service Suppliers according to their own commercial conditions and respective requirements of the law and international regulations which may apply to such type of Services. The Agency does not participate in any way in the drafting of text, conditions and types of Fare Rules / Service Rules. Service Rules/Fare Rules, available in the process of Booking (the step in Booking dialogue), may be laid out in the English language with available automatic translation into a selected language. By placing an Order, you agree with such conditions of laying out the information on Service Rules / Fare Rules and undertake to familiarize yourself therewith on your own and get advice as regards the text, conditions and correctness of translation into the language which you selected before Booking. If you have any questions about the conditions set forth in the Service Rules / Fare Rules, you shall consult the Customer Care.
The creation of Booking confirms your unconditional acceptance of Service Rules / Fare Rules, and you are solely responsible for all the risks related to the ordering of Services under the agreed conditions. When you order Services (one or more), you undertake to check on your own whether Service Rules / Fare Rules for each separate Service contradict each other. You hereby confirm that the conditions of these Terms, Service Rules / Fare Rules for each separate Service and any other notifications and information on the Website are set forth clearly, comprehensively, unambiguously, obviously, and intelligibly. If you have questions about the information set forth on the Website and in the Terms, please contact the Customer Care.
3.7. Grounds for the provision of Agency's Services. Supplier Agreement. The Agency provides an option to order Services on the Website by acting as an agent (intermediary), on conditions of partner, agent, subagent and other agreements with the Service Supplier. When you create an Order on the Website, you enter into direct contractual relationships with the Suppliers.
3.8. You agree that all the agreements on the provision of services by the Service Suppliers whose information is available on Website's Services, are concluded by you directly with the Service Suppliers. You agree and understand that under no circumstances is the Agency a party to such agreement concluded between you and the Service Suppliers.
If you don't agree with the Service Rules / Fare Rules and conditions of the Service Supplier agreements, you must not create an Order for Services. By accepting the mentioned conditions, you are fully and solely liable for compliance with the Service Rules of the Service Supplier which you selected and undertake to, including, but not limited to, fulfil the clauses and conditions of Purchase of services, full and timely payment of all the required funds according to the established fares, taxes, duties, rules and restrictions of Service Provider, cancellation, refund, and Order amendment conditions. You confirm that you have familiarized yourself with and unconditionally accept the terms of service of the Service Supplier if such is available on the Website's selected Service, where you place the Order and which is a separate agreement. The acceptance of these Terms does not substitute the acceptance of Service Supplier's terms of service.
From the moment of your Booking, the Agency solely acts as an intermediary between you and the respective Service Suppliers. The Agency only forwards your Order details and is not a supplier or a co-supplier of the ordered Services, cannot influence the conditions of Service provision by their direct provider and is not liable in the event of their breach of Service provision conditions. Service Suppliers which provide travel, leisure and other Services and which are available on the Website are independent contractors but are not agents or employees of the Agency. It is the direct Service Supplier that is fully liable for the provision of Passenger carriage Services and/or provision of other Services.
Agency's Ancillary Services are provided according to the Agency's conditions defined in the Terms and create direct legal relations between you and the Agency.
4. RULES AND CONDITIONS FOR USING THE WEBSITE AND PROVIDING THE SERVICES4.1. Rules and precautions for using the Website. If you continue to use this Website, you agree with the following binding rules and precautions for using the Website:
4.1.1. You are a natural person who has reached 18 (eighteen) years of age, you have full capacity, and have the right to enter into contractual relationships with the Agency / Service Supplier and third parties under the conditions of the Terms.
4.1.2. You shall use the Website solely for your personal needs unrelated to the running of business and under the conditions of the Terms and effective laws.
4.1.3. You shall create Orders for Services and use the Services under the Service Rules / Fare Rules of the Service Suppliers which you selected on your own and which provide a certain Service, as well as use Agency's Ancillary Services according to these Terms and the information received hereunder.
4.1.4. You agree and acknowledge that any information on the Website, Website's Services and the Booking System are provided to you “as is and as available” an may not be deemed as a guidance to act or explicit recommendation or preference to one of the Service Suppliers. You use this information and technical capabilities of the Website at your own risk and without any warranties from the Agency. You agree that you independently and consciously select services and are responsible for all your actions or failures to act, which is grounded on the information placed on the Website, as well as on the information provided by the Agency. Before taking any decisions, you shall on your own study all the available information on the services (including that which is referred to by outside sources of information), and consult a competent expert or get information from any available sources.
4.1.5. Your data. You confirm that all the information which you provided on this Website, including the information specified during registration, is trustworthy, accurate, relevant, and complete. You shall timely update your contact and personal information specified in the section “My account,” ensure their accuracy and relevance. You confirm that all the information on the Customer which you specified during Order is true, accurate, relevant and complete.
You shall check if the changed information is saved which is different from the information saved in the section “My account” before booking (update Website's pages) prior to Order confirmation and payment therefor. You are fully and solely liable for the information which you entered in the Booking System for the purpose of creating and paying for the Order. The information which you provide for the receipt of Services, including Customer's personal and other details, shall be entered by you on your own.
4.1.6. Reviews. You confirm and agree that the reviews which you leave on the Website or submit to the Agency's address or leave on any web resource, on any social media, which directly or indirectly concern the Agency, may be freely available and published on the Website, any other web resource, any social networks on your behalf for the purpose of informing other persons of your opinion about the Service used. You are fully and solely liable for the placement of reviews and should not specify therein the following: your or third party's personal information; obscene language or information which threatens public peace or other persons' rights; information which was obtained by violating intellectual property rights, or obtained illegally; advertising or marketing materials of third parties, calls to participation in loyalty programs and other encouragements. A review, left on the Website, may be regarded as a survey. The reviews are published or deleted at Agency's own discretion.
4.1.7. Electronic means of communication. You agree to use electronic means of communication, including, but not limited to: (i) email and (ii) SMS (here and hereinafter it includes separately or in common: SMS, push notifications, Viber messages or messages of another type or means of transmission to the telephone number which you specified on the Website) in the process of using the Website, provision of access to the section “My account,” creation of an Order and receipt of information on services, as well as electronic delivery of messages (email, SMS) relating to the use of the Website or Order for Services.
To correctly create an Order and receive Services, you need to specify true (correct) email address and true (correct) mobile number. You are fully and solely liable for the provision of such details. The Agency is not obliged to check and is not liable for any wrong or misspelled email address or wrong mobile number or setting of your email service (spam filters and the like), and, therefore, for your failure to receive notifications of the created Booking or Agency's Ancillary Services ordered, including, but not limited to, notifications of changes in date and (or) departure and arrival, cancelled trip, etc. Changes are applied and errors corrected in the email address or mobile number (if such an opportunity is available on the Website) in the section “My account” by the User on their own or, if possible, by the Customer Care according to User's request or identification.
In case the Agency submits letters, messages, notifications to a wrong (or misspelled) email address / mobile number which you specified during Order / registration with the Website, you bear a full and sole responsibility, including a legal one, and risks related to possible consequences of using wrong email address / wrong mobile number, including third parties.
4.1.8. You agree that the Agency may monitor and record telephone calls incoming to the Customer Care and conduct selective audit of electronic correspondence in order to provide a proper service and improve employees' expertise and fulfil obligations and use rights provided by these Terms, as well as use, enjoy, and protect your rights and legal interests relating to legal relation arising on the ground of these Terms.
4.1.9. You may submit all your queries, comments, offers, reviews, and claims to the Agency by all available means of Website's informational support. The Agency makes every effort to reply to you as soon as possible, but in any event, no later than 30 (thirty) calendar days of receipt of the query.
4.1.10. The Legitimacy of Emails and Data of the Booking System. You agree and confirm that (i) all emails sent to you through the Website or the Customer Care on your request (or otherwise agreed by the parties) are equated with communications on hard copy; and (ii) all electronic and system data stored in the Booking System of the Agency or in GDS/booking system of the respective Service Provider/Carrier, collectively or separately, constitute mandatory, appropriate and sufficient evidence in solving possible claims/disputes arising from, or in connection with, these Terms.
4.1.11. Actions on Behalf of Third Parties. You shall use this Website and the services available through the Website only for yourself or other persons on whose behalf you have the right to act and assume the respective rights and obligations. You hereby acknowledge that such other persons have authorized you and you have the legal right on their behalf to select and buy the Services, as well as consent to collect and process their personal data necessary for their Booking.
You shall timely and fully and prior to Booking inform such third parties of the conditions of these Terms and precautions specified therein, including all the Service Rules / Fare Rules and restrictions that may be applicable to them in respect of ordering, purchase and use of the selected services before Booking. Responsibility for the consequences of a failure to notify, as well as for the actions of such natural persons, caused by such failure to notify, rests solely with the Customer.
Such natural persons must be informed and agree that all the communications regarding the ordered services will take place through your section "My account" and your email/mobile phone number, as well the identification of such persons by the Customer Care will be carried out on the ground of the data available via section “My account” or your email / telephone. You shall also immediately and fully notify the natural persons on whose behalf you act of any changes pertaining to the ordered services and of any information on ordered services which you received via email or SMS or any other available means. The Customer is solely liable for the consequences of such failure to inform, as well as for the actions of third parties caused by such failure to inform.
4.1.12. Safety of the Section “My account.” If you registered on the Website and received access to the section "My account," you shall protect the information on your registration data, including login and access password (received via email or SMS), control it, take measures necessary to prevent unauthorized access by third parties and be fully liable for any use of the section "My account" by you and/or by any other person. If you have suspicions about possible unauthorized access by third parties to your section "My account," you shall immediately inform Website's Customer Care thereof. Any actions taken from the section “My account” shall be considered as taken by you personally.
4.1.13. Agency's Ancillary Services and Offers. You agree and authorize the Agency to collect the information about Bookings placed on the Website in order to send messages about special offers, promotions and ancillary services available on the Website; offer paid or free Agency's Ancillary Services, for example, notification of flight delay or cancellation in an SMS; service of search of railway tickets after their appearance on sale; recommendation service in respect of the choice of hotel when searching for flight tickets; insurance and other services. Depending on the stage of Booking, where Agency's Ancillary Service is offered, its price is either included in the total price of the Booking, or is suggested to be paid separately. By ordering the Agency Ancillary Service, you shall be fully and solely liable for compliance with the conditions for provision of the Ancillary Services and undertake, including, but not limited to, the following: to fulfil the terms and conditions of the purchase of the Ancillary Services, duly payment of all necessary fees in accordance with the established fares, rules and restrictions established by the Agency.
4.1.14. Changing Information on the Website. The Agency has the right, at its sole discretion, at any time and for any reason whatsoever, to do the following: increase the new /reduce the existing Services of the Service Providers, Agency's Ancillary Services, Website's Services and functions; change the design; rules of loyalty programs; add/reduce methods of payment available for paying for the Booking on the Website; apply changes to the price of Services; set and/or apply changes to the Service Fee amounts and the price of Ancillary services charged during issuance, purchase, cancellation, change, refund of Services, change the price of Ancillary Services. The Website may contain certain inaccuracies and outdated information which is no longer relevant and is provided solely for reference.
4.1.15. Correction of Errors. The Agency reserves the right to correct any errors (including those in financial information) on the Website and in the placed Bookings (paid or unpaid). If the price of the Services in your Booking was specified with an error, you will be offered (if possible): (i) to apply changes to the Booking by replacing the wrong (incorrect) price with the correct (right) one, or (ii) cancel the Booking without imposing any fees or penalties.
4.1.16. Illegal and Fraudulent Activities. You shall not use any software intended to damage the infrastructure of the Website, disrupt its timely and correct functioning; violate restrictions in respect of any HTTP header, attempt to intercept any data and personal information processed by the Website; take actions which lead to overload of Website's infrastructure, monitoring, automated extraction of information or copying of any data and information from this Website, create "frames", "mirrors" or otherwise interfere with the operation of the Website by any means and for any purpose whatsoever.
You acknowledge and agree that the terms of use of the Website prohibit from creating multiple accounts at a time, intentionally misrepresenting personal information, impersonating, creating fictitious Bookings, etc. Any fraud (fraud attempts) regarding the use of the Website, as well as payment by bank cards on the Website are investigated and the persons at fault are brought to justice according to the local and international legislation. Fraud (or its attempts) in Booking or purchasing the services on the Website may lead to problems with obtaining visas and with the direct check-in for a flight or other use of the Services.
4.1.17. Restricted Access to the Website. You agree that the Agency has the right, at its sole discretion, to deny anyone access to this Website, to use the section "My account" and book a Service, suspend access to the Website and order services by way of blocking access to the Website and/or deleting the account which was already created for the purpose of scheduled and unscheduled maintenance or in case of Customer's violation of the conditions of these Terms at any time and for any reason, without explanation or prior notifications.
4.2. Rules and Precautions for the Booking of Services.4.2.1. Compliance with the Service Provision Rules. When Booking, the Customer is familiarized and agrees with all the conditions of these Terms, Service Rules / Fare Rules of the Service Providers which apply to the selected Services, conditions of providing Agency's Ancillary Services (if any), including the terms of cancellation, exchange or ticket refund (as well as to the Carriers’ conditions of the connecting flights, in case of issuance of a transfer ticket (if there is enough time to transfer, issue transit visas, etc.) Any violation of these Terms, as well as the Service Rules or Agency's Ancillary Services may result in cancellation of the Booking, denial of access to the purchased services, without refund of the money paid therefor; withholding of your advance payment without a refund; reimbursement, at your expense, of all losses incurred by the Agency or the Service Provider/Carrier as a result of such breach.
Your ticking of a respective checkbox in a dialogue window when placing an Order is a sufficient evidence for the familiarization with, and acceptance of, the conditions listed herein, including a sufficient evidence in any type of litigation. Creation of an Order and ticking of a respective checkbox formally, that is without actual familiarization with the conditions listed herein may result in adverse consequences for the Customer. Your ticking of a respective checkbox in a dialogue window when placing an Order marking your familiarization and acceptance of these Terms is a nonconditional and inseverable process of creating an Order. The Agency in any case advises you to get familiarized with all the conditions of these Terms, Service Rules, Fare Rules etc. before placing an Order.
4.2.2. Choosing the Services. All stages of Booking – the choice of the amount and type of the services, choice of routes and dates, choice of flights, accommodation conditions, entry of Passenger data (Passengers on whose behalf the Booking is placed) and the Customer, choice of payment methods – are a completely independent and conscious choice of the Customer. The information entered by the Customer during Order is automatically recorded in the Booking System, global distribution system and/or internal booking system of the Service Provider for further confirmation of the Booking and provision of services. Some Service Providers may demand that the Customer agree and sign a waiver before using the services they offer. If you do not agree with such conditions, you shall not create an Order and or use the Services.
4.2.3. Changing the Service Provision Conditions. All the offers, prices, types and conditions of Service provision, as well as the Service Rules may be: changed without notifying the Customer, restricted/(un)available by time, available seats and terms of pre-Order, travel dates, terms of minimum or maximum stay at the destination, holidays, seasonal price fluctuations, waiting lists, as well as strikes and temporary incapacity of booking systems and/or may be changed under other changes, conditions and restrictions. The Agency shall inform you of changing the conditions, amount and list of services or of impossibility to fully or partially fulfil the paid service only on condition of receiving such information from the Service Provider by way of submitting messages to the email address or mobile telephone number. In case of failure to receive the mentioned information from the Service Providers, the Agency is exempted from liability before the Users.
4.2.4. Beginning to use (receive) services. The Customers shall timely (for example, no later than what is set by the Carrier/Service Supplier) arrive at the place of Service provision and are solely liable for no-show or late arrival at the place of Service provision or inability to use the Service because of failure to abide by the conditions of these Terms or Service Rules.
4.2.5. Compliance with the customs and border procedures and ownership of the documents for the use of services. The Customer is fully responsible for the following: preparation, availability and correct issuance of visas, and documents required to cross the border of transit countries (even if the Customers do not leave the airport or the plane) and the country of arrival; timely provision to the Agency of passport data, visa information and data on the place of stay of the Passengers in the country of arrival needed for entry in the Booking, if it is required by the Service Provider.
The Customer confirms that they are aware of and shall, on their own, fulfil all the requirements of the departure, transit, and destination country, including requirements to international passports and other formal documents, including conditions with regard to the expiry of the international passport required for visa and entry into the country of arrival; obtaining the documents required for departure and arrival: the visa issuance, purchase of a return ticket when entering the country with a visa-free regime; compliance with other requirements necessary to enter the country (health insurance, the need for vaccination, proof of sufficient funds, return ticket, etc.); obtaining the documents for minors under 18 (eighteen) years of age; obtaining the documents to transport animals and plants, and conditions of their placement at the place of provision of the Services; permits for the transportation of equipment, musical instruments, weapons, art treasures and any other permits and approvals. The passengers shall be solely liable for the validity of passports, exit permits for minors and other documents required for crossing the border and for the accuracy of the information contained in these documents. The Passenger is obliged to obtain necessary information about deportation at the consulate of the respective country and be informed that the deportation of the Passenger with invalid entry or exit travel documents is carried out at the expense of the Passenger with or without penalties.
The Customer confirms that they are aware of the peculiarities and rules of customs and border procedures of the country of departure and arrival, baggage allowance rules, as well as the rules of conduct in the country of transit or arrival, and shall comply with all such rules.
4.2.6. Means of information support of the Website and support of the Services. The Customer Care works 24/7 and advises on available Services of the Website. To consult, you should contact the Customer Care: telephone:
38 044 228 13 85 (24/7, at local operators' rate).
Email:
[email protected]If you contact the Agency in any way other than specified in this clause of the Terms, you request may not be accepted. You agree that the Customer Care does not process messages submitted to your email address
[email protected], including messages sent in reply to the message submitted by the Agency from the specified address.
4.2.7. Contacting the Customer Care in order to get information on the Booking / Order and/or with regard to the access to the section “My account” may require compliance with the Customer authorization / identification procedure. The list of questions and information required for the authorization of the Customers by the Customer Care are defined and changed by the Agency at its own discretion at any time. The Passengers on whose behalf the Order was made, must be informed by the Customer that for their authorization by the Customer Care information may be needed which is available only to the Customer who created the Booking via the section “My account.” The Agency is not liable for and does not reimburse any expenses on Passenger's failure to be authorized when contacting the Customer Care.
4.2.8. You agree that the rules set forth by the Website also apply to cases when you access the Website (separate ages or Services thereof) while staying on other Websites which provide for full or partial viewing of this Website.
5. REGISTRATION WITH THE WEBSITE
5.1. In order to use Website's services, you undertake to register with the Website and access to the section “My account.” To register, you must specify the following details:
- email address (which will be used as login upon registration);
- first and last name;
- mobile telephone number;
- access password (during full registration with the Website).
The list of details needed for registration with / login on the Website may be changed by the Agency at its own discretion.
5.2. Access password. During express registration and automated registration with the Website, a password is automatically generated and submitted to your email address upon registration. You may change the password in the section “My account.” If necessary, you may use the “send password” function on the Website. You shall use strong password to enter the section “My account” and not give it to third parties.
5.3. Methods of Registration. You may register with the Website and obtain access to the section "My Account" by three methods:
- Full registration through the registration form on the Website.
- Express registration on the Website using social media profile, with subsequent provision of the data required to order the services.
- Automatic registration on the Website and getting access to the section "My account" after the first Booking.
5.4. You have the right to freely and at any time use access to your Bookings and personal information placed on the Website in the section "My account" using your email address (login) and password received via email after registration. You can also log into the section "My account" by logging in via SMS that will be sent at your mobile phone number.
5.5. When registering on the Website, you will be additionally asked to agree to these Terms. If you do not agree to these Terms, please do not use the Website and leave it immediately.
6. GENERAL RULES: BOOKINGS, PAYMENTS, APPLYING CHANGES AND CANCELLATIONS6.1. Booking conditions6.1.1. To make a Booking on the Website, the Customer shall provide their personal data, as well as the personal data of other persons on whose behalf the Order is created, if needed for the specially selected Service:
- last name, first name, patronymic (if specified in the ID card and if required for the receipt of the selected Service);
- details of the ID cards (e.g., the passport serial number);
- date of birth;
- information on gender;
- information on citizenship;
- other data necessary for ordering and use of the Services.
The list of data necessary for the placement of Booking on the Website may be changed by the Agency at its own discretion.
6.1.2. The Customers whose personal details entered in the Booking do not correspond to those specified in the ID document may be denied Service.
6.1.3. When creating an Order, you must fill in all the fields marked in the Booking System as “mandatory.”
6.1.4. When you place the Booking, the Booking System may offer you Ancillary Services of the Service Suppliers and/or Agency's Ancillary Services (for example, baggage insurance, or SMS notification, etc.). In that case, when you place an Order the Booking System will automatically tick the respective boxes near Service Supplier's ancillary service and/or near Agency's Ancillary Service, which may be useful or of interest to you. When you place an Order, you shall check for ticks in the respective boxes and, if possible, familiarize yourself with these Ancillary Services. In case ancillary services of the Service Suppliers and/or Agency's Ancillary Services are not relevant for you, you shall on your own untick those boxes when you place the Order before payment therefor. In case ancillary services of the Service Suppliers and/or Agency's Ancillary Services offered by the Booking System in the process of Booking were not relevant for you and you didn't on your own untick such boxes when placing the Order before payment therefor, then such ancillary services of the Service Suppliers and/or Agency's Ancillary Services offered by the Booking System shall be considered relevant for you and will be included in the Order with subsequent payment.
6.1.5. Cancellation of Unpaid Bookings. The deadline of the payment for Booking is determined by the Supplier of the respective Service. The Agency cannot influence the change of the payment deadline for the Services and shall not be responsible for the cancellation of such Bookings.
Your Booking will be automatically cancelled in the Booking System without penalties: (i) if while you were going through all the dialogue steps of ordering, the Services were cancelled (sold out) by the Service Supplier (for example, all the tickets were sold out to third parties via third-party services or directly by the Carrier); (ii) if while you were entering a unique payment confirmation code, the Services were cancelled (sold out) by the Service Supplier; (iii) if you did not pay/confirm payment for the Booking within the specified period.
6.1.6. Order Confirmation. All the confirmed Bookings and their status are available for review in the section "My account." We recommend to update the browser page to get the latest information on the status of your Booking.
After the processing of your Booking by the Booking System, you may be notified of its status via email and/or mobile phone number at Agency's or Service Supplier's choice. The service shall be deemed to be provided by the Agency properly and in full: (i) upon display of information on the paid Order or confirmed Booking in Website's section "My account," and provision of an opportunity to download a paid Order or confirmed Booking Form or (ii) sending a respective confirmation and/or sending a paid Order or confirmed Booking Form to the email or mobile phone number of the Customer. The time of Ticket submission is considered to be the date and time which the submission of an electronic document cannot be cancelled by the Agency. Henceforth, the Ticket is considered to be received by the Customer.
The Agency is not responsible with regard to submission of electronic digital documents before receipt of Customer's payment if such payment is provided for the selected Service. Bookings not paid on the Website provide for the payment at Service Supplier's booking office before the Services are provided.
6.1.7. A Ticket/Form for the selected type of Service is submitted to the Customer's email address specified in the process of Booking or is provided otherwise (whereof the Customer is informed by way of email or mobile number).
The Customer shall check email and other means of communication, which they specified in the process of Booking, for Booking confirmation and/or paid Order Form or confirmed Booking, as well as the information specified in such electronic digital document.
6.1.8. Notifications from Service Suppliers. If not provided for by a respective Service, you may also receive messages from Service Suppliers concerning the Service which you ordered. The Agency does not control and is not in charge of any exchange of messages between you and Service Suppliers which is carried out without using this Website.
6.1.9. Discounts and Special Offers. Special offers and discounts are clearly stated and must be applied in accordance with the rules and terms specified therein. If the Service provides for obtaining a discount for persons included by the Service Supplier to a respective age category (“child” and/or “infant”, the age of a child or infant must meet age categories ("child", "infant") as established by the respective Service Supplier on final date of using the Service. The age of the Customer must be confirmed by a respective document (passport / birth certificate of the child / other ID document). Requirements to the layout and form of the document are established by Service Supplier's rules.
6.2. Payment.6.2.1. Choosing Payment Method and Payment Details. The Customer shall, on their own, choose a convenient method of payment for the Order from the possible ones for this Service as available on the Website during payment. The methods of payment which are not provided and are not available on the Website are not accepted for the execution and confirmation of payment.
In the event of the payment card method, the Customer specifies information related to payment cards – namely, payment card number, expiry date, CVC/CVV and the name of the cardholder, and agrees to the processing of their personal and payment data by the Agency / Service Supplier / Payment System to transfer funds for the Booking.
The Agency may provide you just as one, so too several, payment methods to pay for the Booking, depending on the specific services which are provided on the grounds of the agreement between the Agency and the certain Service Supplier. The Agency may at any time and at its own discretion, to change / delete any methods of payment on the Website without obligation of any updates and changes to these Terms.
6.2.2. Processing of a payment transaction. After selecting and confirming the method of payment for the Order, the Customer shall authorize either the Agency (its partners or affiliates) or the Service Supplier / Payment System to debit the full price of the Booking specified on the Website, including Service Fees, commissions, corresponding money transfer markups, the amount of possible conversion and exchange rates to be applied to the payment for the said Order, as well as authorize these entities to use your payment and necessary personal data for (i) the purchase of the Services which you ordered, (ii) processing of refunds, if necessary, and (iii) for other purposes which are required for the fulfilment of the conditions of these Terms and your Order. You are hereby fully aware of and agree that at the time of payment for the Booking to the the amount of extra expenses for the processing of payment transactions is unknown. The agency may request from you, and you undertake to provide, a bank statement for the solution of disputed financial issues related to the payment for the Order, with the refund caused by refusal from Services, as well as for the solution of other disputed financial issues.
In case you select any of the methods of payment for the Order, you acknowledge the fact that the Agency, on receipt of funds for Supplier's Services, transfers the said funds to the respective Service Supplier and does not own the said funds.
6.2.3. Funds sufficient for payment. When the Order is confirmed by a credit card / bank account, the Customer must have funds sufficient for the full payment for the Order considering possible additional expenses, related to the processing of payments, currency conversions or exchange rates, balance on the payment card must be sufficient to cover all such additional services. The Agency is not liable for the cancellation of Booking and related expenses of the Customer because of insufficient funds on Customer's payment card / Bank account.
6.2.4. Payment transactions. When the Order is created/placed, the funds on the payment card / bank account may be blocked with their subsequent debiting. Your payment card may be debited by the Agency or Service Provider in one payment or multiple payments (for example, for several services in one payment or per service, when several services are ordered at the same time). The funds may be charged just as at the time of Booking, so too within 30 (thirty) days or more after
Order confirmation under Service Supplier rules. The Customer shall take all measures so that debiting of funds on the payment card by the Agency or Service Supplier is possible and available at any time (for example, all restrictions and limits of the issuing bank must be lifted by the Customer before the actual debiting of funds on the account).
6.2.5. Verification of Payment Transactions. The cardholder must use their card according to the requirements of laws and agreement concluded with the issuing bank and not allow the use of the payment card by unauthorized persons. To avoid instances of various unlawful uses of payment cards during payment, all the Orders placed and paid on the Website with the payment card are verified by the Agency by all available means of payment transaction verification, including, but not limited to, under the rules and standards of payment safety and anti-fraud verification, the details of which are available on the Website.
The Agency reserves the right to deny services to you or additionally request cardholder’s documents if there are sufficient reasons to believe that the payment card transaction may be suspicious/fraudulent. In order to verify the identity of the cardholder and their eligibility in respect of using the payment card to pay for the Services on the Website, the Agency may require the Purchaser to provide the following:
- a copy of the first and the second page of the passport;
- a copy of both sides of the payment card (the first six and last four digits of the card number must be clearly visible , CVC / CVV must be covered).
You shall send the aforementioned copies via email in the size and format which meet the requirements of the Agency at the request of and within the term set by the Agency. In case of failure to provide the requested documents on time or in case of doubts about their authenticity, the Agency reserves the right to cancel the Order without any explanation. The amount paid for the Booking shall be refunded to the Customer's payment card, and the funds blocked on the Customer's payment card shall be unblocked.
Please note that the verification of payment transactions is carried out by the Agency only during its office hours. In this regard, any payment transactions with respect to the Services ordered at other time may be processed on the following business day. The Agency shall not be liable for any costs incurred as a result of such verification.
6.2.6. Currency. Settlements between the Agency and the Customer are made the national currency – hryvnia. Settlements between the Customer and corresponding Suppliers shall be made/processed according to the settlement rules agreed between them / issuing banks. In this case, the currency charged to the Purchaser’s account may differ from the currency specified on the Website. By placement of the Booking, you agree that you have been notified of the terms and conditions of the Booking's pricing, currency to be charged to the account, payment terms, and you irrevocably accept the said conditions.
6.2.7. Additional Costs of the Payment Transactions Processing. The Customer shall be fully and solely responsible for the amount of possible expenses incurred due to exchange rates, as well as other specified expenses that may be added to the price of the Order by the payment card issuing bank/Payment System, Operator of payment infrastructure services. The Customer shall on their own get acquainted with the rules, tariffs and bank charges, 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 Customers for the expenses in the event of additional conversions and exchange rate differences as it only provides the Customer with the information on pricing policy, but is not involved in the creation of interaction policy among participants that serve payment transactions since their formation and until debiting the funds from the Purchaser’s account, as well as during crediting of funds to the account as a result of document return which confirm the Service. Before paying for the Services, the Agency advises you to contact a competent expert of your issuing bank in order to get information on all the details of your payment transaction.
6.2.8. Currency exchange rates, which are available on the Website, are based on various sources available to the public and shall be used for reference only. Currency exchange rates may not be updated on a daily basis, and actual prices may be inaccurate and differ from the actual current exchange rates for your payment transactions.
6.2.9. Currency Conversion and Bank Charges during Payment:- According to the rules of some Service Suppliers, a request for debiting the amount of the Booking from Customer’s payment card may be sent from the banks located outside the country in which the Booking is made. The payment card issuing bank may consider the Booking of an international travel as an international transaction, since the request for debiting the funds may be carried out by foreign Suppliers.
- Currency exchange rate and the amount of charges for an international transaction shall be determined solely by the payment card issuing bank on the day when it processes the transaction. Please note that the date of processing of your payment transaction may be different from the date of payment on the Website.
- If the Booking is made outside the country in which the payment card was issued or the currency of the payment differs from the currency of the payment card, the bank may convert the amount of the payment to local currency, charge a commission for currency exchange and charge a fee for the international transaction. In this regard, the amount indicated in the statement of confirmation of the payment transaction may be in local currency, and this amount may differ from the amount indicated on the summary page of Booking payment on the Website.
- Currency conversion and bank charges may arise just as at the stage of payment, so too at the stage of a refund during Booking cancellation.
6.3. General rules of applying Changes to the Booking and refund of Service / cancellation of booking.6.3.1. A request to apply changes to the Booking and cancellation thereof are made by the Customer in Website's section “My account.” In case the Customer submits a request for Booking refund / change not via the section “My account” but via Customer Care (via telephone / email / etc.), the Customer Care will advise the Customer to submit a request for flight ticket return/exchange/change via section “My account.” The Customer is hereby informed that the Customer Care does not have information on the Fare Rules, does not calculate the amount refundable, does not calculate the surcharge amount in the event of Booking change – these actions are taken by other departments of the Agency which do not contact the Customer directly.
6.3.2. The conditions of applying changes to the Booking (the deadline for a request submission, the order of processing the request to apply changes and technical procedure of refund etc.) and the conditions of Booking refund to the Customer (refund deadlines, calculations of amounts refundable, order of processing refund request and the technical procedure for refund, etc.) are always done under these Terms, Service Rules / Fare Rules, other rules and recommendations etc., including recommendations / Supplier's requirements and requirements of the applicable laws.
6.3.3. Please note that change of any Customer's personal information in an issued Order (including correction of mistakes), change of route, date, etc. may lead to the loss of the negotiated fares whereunder a certain Service was paid, as well as various surcharges. The change of Customer's personal data in the Booking may be the reason to refund the Tickets for this Booking and issuance of new Tickets at a new price. During application of changes to a completed Booking, the Customer assumes all possible risks, including, but not limited to, relating to the loss of value / change of fare, whereunder a certain Service was paid, return of Form, payment of Service Fee due to the changes in the Booking, need to carry out various surcharges, sanctions/penalties, creating a new Booking, refund, currency conversion during refund, etc. Please be careful when entering the data in the process of Booking. The Agency takes every effort to check for your entry of the information in the process of Booking but is not and cannot be liable and incur losses for your incorrect, incomplete, or inaccurate entry of Customer's personal and other information.
6.3.4. You agree and are fully aware that in case of Booking cancellation and repeat thereof (analogous to the cancelled one), Service Price, Service Rules / Fare Rules specified in such repeat Booking, may differ from that which was specified in the cancelled Booking.
6.3.5. A fee/withholding may be provided for applying changes to the Booking / Service Refund: penalties, Supplier's fees, payment system fees, as well as Agency's Service fee, which is established in these Terms, Booking conditions, Service Rules / Fare Rules. Please note that some Services are unchangeable/nonrefundable under the Service Rules / Fare Rules of a certain Supplier.
6.3.6. To refund a Service under the general rule, the Customer should take the following steps in the section “My account”:
- select the tab “My order,”
- select a respective section of the “Service,”
- select the Booking which you wish to cancel,
- press the “Cancel” button,
- confirm the refund conditions.
6.3.7. The Agency has the right to require from the Customer, who initiates refund, additional documents: ID documents (e.g., passport), applications, certificates and other documents which confirm the reasons for refund, as well as provision of a bank statement during settlement of financial issues. When submitting a Service refund request, the Customer must, in fullest detail, inform the Agency of the grounds (reason) for such refund and the required documents. The Customer is fully and solely liable for failure to submit the required documents, as well as failure to inform the Agency of the grounds (reason) for the Service refund.
6.3.8. Under the general rule, the Refund is made via the same method as the payment for the booking was made, within the terms and under the conditions of these Terms.
6.3.9. In case Suppliers' Services are refunded, the cost of the services provided by the Agency (Agency's Service etc.) and other services, which were provided with relation to the Booking (payment system markups/fees, cost of the processing of payment transactions, etc.) are nonrefundable.
7. DISCLAIMER
7.1. The Agency makes every effort to ensure that the information contained on the Website is accurate and reliable. You agree and understand that information on the Services, means of information support available in different sections or pages of the Website (descriptions of services, photos, media files, rankings, guides, currency exchange rates, insurance news, informational materials about events, prices, fares, discounts, etc.) are provided by the respective Suppliers of such information, including Service Suppliers, or are obtained from public sources and shall be used solely for reference and displayed for your convenience only. Since all the information published on the Website is provided by respective suppliers of such information, including Service Suppliers, notwithstanding the competence and thorough selection of information suppliers, the Agency is not able to independently and totally check all the information, whence such information, published on this Website may contain inaccuracies and errors, including errors in prices, fares and other financial information. The Agency does not make any representations regarding the use of such information contained on the Website, and does not give any guarantees that this information is complete, accurate, correct, useful, relevant, verified, and does not contain any errors (including explicit or printing errors), etc., and is not liable for your use of such information and losses thence caused.
7.2. The Agency shall not be responsible for any and all acts or failures to act, errors, omissions, warnings, representations, warranties, violation or negligence of any of the Service Suppliers; or for any bodily injury, death, property damage or other damages or extra costs as a result of the aforementioned and does not make any reimbursement for the said reasons. The Agency is not liable and will not make any payments or compensation for damages and additional costs incurred in the process of or as a result of using the Services, including, but not limited to, in the event of strikes, force majeure, changes in the cost of the Services and fares, the removal of fares from sales, cancellation of paid or unpaid Services or for other reasons beyond its control and influence.
7.3. The Agency does not guarantee continuous, error-free, accurate, timely and secured operation of the Website. The Agency does not guarantee or provide or assume any responsibility for the continuous and error-free connectivity and connection to the Internet, does not guarantee or ensure the quality of various channels of public communication, telephone networks or services, computer systems, servers or providers, computer or phone equipment, software, email service or communication failures, through which the User accesses the Website, the section "My account," orders the Services or contacts the Customer Care, and if in the result of poor connection a failure occurred when choosing the services, issuing of and/or paying for the Order or providing other information.
7.4. The Agency makes no representations and disclaims all warranties that the Website, its components, servers or any email messages do not contain viruses, defects or other damaging elements, and does not provide any warranties concerning the use of the software (including warranties with respect to its quality, proper operation) which is available on this Website. You shall take all necessary measures on your own when using this Website or other websites for which hyperlinks from this Website are provided to protect your equipment or software from possible destructive elements, such as viruses. The agency strongly recommends you to use only licensed software (including antiviruses).
7.5. This Website may contain hyperlinks to the websites that are not owned and not operated by the Agency. Such hyperlinks may be provided for your convenience and reference only. You accept that the Agency has no control over such websites and external resources, does not operate such websites and is not responsible for their operation, content, advertisements, products or other information and consequences of their use. The placement of such hyperlinks on similar websites does not confirm and does not guarantee that the Agency approves materials placed on such websites, or is associated with their owners. The use of some hyperlinks to the websites and display of information from such websites (e.g., Google Maps) must be used according to the data processing policies which they established. You undertake, on your own, to familiarize yourself with, and abide by, the rules of use of such external websites.
7.6. Under no circumstances is the Agency liable, reimburses losses, or compensates in case of:
- User's ignorance of, or failure to abide by, these Terms, failure to get familiarized with the agreed Service Rules / Fare Rules of the selected Suppliers, and peculiarities of Service provision;
- in case the User neglects security and protection measures for the their personal, payment, or other data. If third parties obtained unauthorized access to the section "My account" and personal and other data of the User, which caused damages to the User;
- failure to deliver messages by communication systems and Customer's failure to (timely) read emails or SMS sent by the Agency / Service Supplier / Payment System and the Services related to the use of the Website and Booking;
- in case of inability to fulfil the undertaken obligations due to unreliability, insufficiency and untimely provision of information and documents submitted by the User, or User's violation of these Terms;
- if Customers fail to have duly completed documents for any reasons, required for the receipt of the Services specified in these Terms or by the Service Supplier.
7.7. According to these Terms, under no circumstances shall the Agency:
- be a co-contractor / co-supplier with Service Provider and does not participate in disputes between the Customer and the Service Supplier;
- provides legal / counselling services;
- represent your interests and the interests of the Passengers before Service Suppliers, as well as other persons involved in the provision of Services. The liability before the Customers which arises from the Services which have been provided or the Services which are being provided, is assumed by the Service Suppliers according to the laws applicable to such legal relations, as well as norms of international law. The Customers are solely liable for the untimely submission of claims to the Service Suppliers or failure to abide by the related procedures, including the legal ones.
7.8. You are aware and agree that if the Agency cannot provide you with access to the Website and its Services, and Website's Services due to the circumstances of insuperable force (as defined in the Terms), the Agency will hereby not breach any obligation before you under these Terms.
7.9. Under no circumstances shall the Agency, its affiliates, as well as representatives, founders, managers, employees, partners and freelance experts be responsible before the User any third party for any indirect, accidental, derivative or punitive damages or loss, loss of profit (loss of expected gain), loss of data or access to the data and information, loss of business reputation, damage caused to prestige or reputation, or non-pecuniary damage and extra costs incurred as a result of the inability to use or as result of the use of the Website and purchase of Services.
7.10. According to the conditions, precautions, and restrictions specified in these terms, the Agency is only liable for the intentional, direct damage caused by failure to fulfil obligations, which was duly proved in court, which were caused by the Agency and the limit of such liability under no circumstances may in total exceed the greater of the amounts: (i) price of the ordered service, or (ii) the amount equivalent to one hundred US dollars. The provisions of this clause on the limitation of Agency's liability display a negotiated division/distribution of risks between you and the Agency and are interpreted in the interest of the Agency, its affiliates or group's companies, as well as representatives, founders, managers, agents, employees, officers, freelance experts or partners. The limits specified in this article remain effective and mandatory even when aggrieved party's losses could not be fully reimbursed.
8. FORCE MAJEURE8.1. The Agency is exempt from liability for the full or partial failure to perform its obligations under these Terms unless this failure to fulfil was caused by an instance or effect of superior force (force majeure) which arose after the effective date of these Terms.
8.2. Force majeure shall mean circumstances which preclude or objectively hinder the fulfilment of the Terms, are of extraordinary, inevitable and unpredictable nature, and which the Parties could not foresee or prevent by taking reasonable measures. The Parties refer to such conditions the following: circumstances caused by exceptional weather conditions and natural disasters, disruptions in the networks, failure or interruption of power supply, interruptions in work and access to the Internet and other communication networks, interruptions in the operation of the Website, software, server failures, hacker attacks, the circumstances due to software updates, unscheduled maintenance of the Website, actions or directives of any government authorities, significant unfavourable changes in any effective laws, currency restrictions, local or national emergencies, unforeseeable actions or failure to act of third parties that are not the party to the Terms and/or which occur independently of the will and desire of a party to the Agreement, the threat of war, armed conflict or serious threat of such conflict, including, but not limited to: enemy's attacks, blockade, military embargo, acts of foreign enemy, general military mobilization, military hostilities, declared and undeclared war, acts of public enemy, unrest, terrorist acts, coups de main, piracy, riots, invasion, blockades, revolutions, rebellions, insurrections, melees, curfews, expropriation, forfeiture, seizure of companies, requisition, public demonstrations, blockades, strikes, accidents, wrongful acts of third parties, epidemics, fire, explosion, long breaks in transport operations, embargo, prohibition (restriction) of export/import, conditions which are governed by the relevant resolutions and acts of national and local authorities, as well as the circumstances related to the elimination of aftermath caused by exceptional weather conditions and unforeseen situations, or other circumstances beyond the reasonable control of the parties.
8.3. In the event of force majeure, the Agency shall, if possible, notify the Website Users within 7 (seven) calendar days of the nature of the above-mentioned circumstances and their likely duration by placing a respective warning on the Website or by sending an email (or in any other appropriate manner at the discretion of the Agency).
8.4. The term for fulfilment of the obligations under the Terms shall be delayed proportionately to the period during which such force majeure lasts. If the force majeure lasts for more than 14 (fourteen) calendar days, the parties may resolve the issue of non-fulfilment of the obligations through negotiations, and demand the termination of the Terms in the event of inability to reach an agreement.
9. PERSONAL DATA PROTECTION (PRIVACY POLICY)9.1. The conditions of personal data protection are inseverable conditions of These terms and are laid out here
https://e-kvytok.kiev.ua/en/content/private.html
10. ANTI-FRAUD(i) Anti-fraud policies are inseverable conditions of these Terms and are laid out here
https://e-kvytok.kiev.ua/en/content/antifraud-policy.html
11. PAYMENT SAFETY STANDARDS AND ANTI-FRAUD VERIFICATION(i) Policies of payment safety standards and anti-fraud verification are inseverable conditions of these Terms and are laid out here
https://e-kvytok.kiev.ua/en/content/antifraud-verification.html
12. USE OF INTELLECTUAL PROPERTY RIGHTS12.1. The Agency, its partners and providers are owners and licensors of intellectual property objects (all the information and materials), published on the Website. The Website may contain materials provided by third parties. Logos, company names, offers, etc., which are mentioned on the Website, may be trademarks of their respective owners or be protected by copyright. All the information and materials, published on the Website, are protected according to the local or international intellectual property protection laws.
12.2. You may not use, reproduce, modify, adapt, translate, compile, decompile, create derivative products, attempt to discover the source code, copy, analyse data, create links to the Website, or make any other use of the contents of this Website in whole or in part, including the use of any objects of intellectual property rights that are available through this Website, without written consent of the Agency.
12.3. A ticket which confirms your Booking and this Agreement may be used only to receive these Services and be printed out and copied only for this purpose.
12.4. If the information, which you place on this Website, including in electronic messages or reviews, contains objects of intellectual property rights, you thereby transfer all such intellectual property rights, without limitation, to the Agency. You confer complete, unlimited, free of charge, without limitation by time or space, right to the Agency to use the submitted review at its own discretion (including for advertising and marketing purposes), change, adapt, create derivative products, translations, publish in any mass media or partially or fully erase, pass to third parties or otherwise use at Agency's discretion. If you don't accept the mentioned conditions, please refrain from leaving information on this Website or sumbitting information to Agency's address and stop using the Website.
12.5. The software available through this Website, including mobile applications, belongs to the Agency, its partners and providers and is protected by copyright. The use of the software is regulated by the conditions of the licence agreement between you and the Agency. When installing mobile applications, you must accept the conditions of the licence agreement. If not stated otherwise, you receive from he Agency a limited, personal, non-exclusive, non-transferable, temporary software licence for the software in order to review the information on services and their ordering under the Terms and for no other purposes. The software warranty is provided only within the licence agreement.
12.6. Any illegal use of the objects of intellectual property rights and breach of the aforementioned conditions is deemed a gross violation of the Terms, concluded between you an the Agency, and may be grounds for filing a lawsuit over protection of violated rights.
12.7. If you became aware of violation of Agency's property rights, please submit a message to the Customer Care email.
12.8. If you are sure that the materials published on the Website violate your copyright, you may email us a letter which must contain the description of material with respect to which your copyright was violated; provide evidence of your copyright with regard to the material in question, your contact details, and signature. The Agency advises you to consult a competent expert before sending a letter or a reply message concerning the copyright protection. If your letter concerning violated copyright protection is ungrounded, you shall reimburse all the losses which the Agency or other owners may incur with respect to your letter and finding the copyright violation.
12.9. The Agency is not responsible for the information placed on the websites which belong to the affiliates.
13. THE LAW AND AND PROCEDURE FOR DISPUTE SETTLEMENT13.1. This Agreement and all the legal relations which arise from these Terms or are related thereto, including those related to the validity, conclusion, fulfilment, change and termination of these Terms, interpretation conditions thereof, determining the consequences of voidance or violation of the Terms, are governed by these Terms. In the absence of the provisions in these Terms which govern such relations, the Agency reserves the right to apply the conditions which govern such relations, including the conditions contained in the Terms themselves (analogy). Parties' relations, which are not provided by these Terms but are analogous to those which arise from these Terms and/or in connection with its fulfilment, are regulated and interpreted according to the material and procedural law of Ukraine, rules, instructions, clauses, recommendations, resolutions and other authorised bodies which regulate the provision of Website's services, directives of governmental bodies and applicable international legal norms.
13.2. All the disputes and discrepancies which arise in connection with these Terms are settled via negotiations between the parties. The the pretrial conference is mandatory for the parties. In case the parties could not settle a dispute and/or discrepancies via negotiations, the party which holds that its rights were violated must submit the other party a pretrial claim whose term of consideration is 30 (thirty) working days after the receipt of the claim. In case of failure to receive a reply to the claim within 30 (thirty) working days, as well as in case the reply was received but did not satisfy the party which holds that its rights were violated, such party may file a lawsuit in accordance with the rules of jurisdiction established by the Ukrainian and international laws.
14. TERMINATION OF RELATIONS WITH THE AGENCY14.1. You may stop using the Website at any time, by deleting your registration information in the section "My account." A request for deletion must be sent from your email, which was entered during registration on the Website, to the email address of the Customer Care. After removing, all the data from the section "My account" (including the list of Orders, accrued bonuses and Customer's personal data) will be deleted without the possibility to restore them.
14.2. You agree that the Agency reserves the right to, at its sole discretion, deny you access to the Website and the receipt of the Services or suspend the provision of the Services available through this Website at any time, without prior notice and for any reason whatsoever, including, but not limited to, in case of violation of these Terms; in case of a suspicion that the Website is used in any unlawful, fraudulent way that may harm the Agency, the Service Suppliers or third parties; if it is required by the amended rules and business conditions, unfavourable changes in laws, regulatory restrictions, and change of cooperation with any partner of the Agency.
14.3. Upon termination of your relations with the agency: (i) all the licences and rights to use the objects of intellectual property of the Agency will be voided forthwith; (ii) you will immediately relinquish any use of this Website and receipt of Services, available on this Website.
14.4. The clauses and chapters of these Terms which specify, unequivocally provide, or imply that they will remain effective after the termination of your relationships with the Agency, including the conditions for limited liability, will remain effective after Termination of these Terms during the period set in such clause.
15. GENERAL PRECAUTIONS15.1. Voidance, nullification, or inapplicability of any clause of these Terms does not cause voidance or nullification of the Terms in general. Such clause shall be deemed as reviewed considering original intents, if and as possible, considering the Ukrainian law. You confirm your complete and irrevocable acceptance of these Terms and changes which may be applied in case any clauses are voided, nullified or become inapplicable and agree that such changed conditions will govern legal relations between you and the Agency. The chapters and titles of the Terms are laid out only for reference and for User's convenience and may not narrow, expand or otherwise change the Terms.
15.2. The conditions of these Terms are binding for the Agency and the Customer and their legal successors. The User may not transfer, wholly or in part, his/her claim rights under these Terms to third parties without prior written consent of the Agency. The Agency may, without warning and at any time, transfer or relinquish or pass to subcontract subagency any rights and obligations under these Terms, fully or in part, to third parties at its own discretion.
15.3. The electronic version of these Terms, including any electronic message or SMS (which was submitted or received by the User from the Agency / by the Agency from the User) is equated with the official communications on hard copies, does not require additional evidence (ID, certificate), must be considered a due evidence and have the same force as other documents or notifications on card copy and must be used during settlement of any claims or disputes which may arise from, or with regard to, this Agreement.
16. CONTACT INFORMATIONAGENCY:
TTN BTM LLCUkraine, 79019, Ukraine, Lviv, 4-E Khimichna Street, room 501
Registered number: 38370567
The version of the Terms is updated as of May 27, 2019
© e-kvytok.kiev.ua. All rights reserved.
ANNEX NO. 1. TERMS OF TICKET SALES
1. General conditions1.1. Normally, an airline ticket may be purchased on the Website 364 days before travel date but no later than 4 (four) hours before the departure of the selected flight. In case of doubts, please check, via Customer Care, for the possibility to purchase airline tickets.
1.2. By placing an order, you confirm and agree that any conditions of the Airline Ticket Service may be communicated to you before the placement of Order (at any step of Order), as well as forwarded to the email at any time before or after Order.
1.3. The conditions of baggage transportation are stated in the Fare Rules and are available before placement of Order. Depending on the airline ticket's fare, the Passenger may carry the stated volume of baggage free of charge. The Customer shall on their own familiarize themselves with the baggage transportation rules and agrees that the baggage transportation rules may differ by carrier, vary in different tickets in the same Order (in the event of a per segment ticketing) and differ by Passenger in the Order (in the event of a multi-fare booking). The Passenger shall also on their own familiarize themselves with the list of items prohibited from carriage and the carriage requirements for certain categories of cargo.
1.4. The Agency is not liable to the Customer if, during placement of Order on the Website and/or via Customer Care, the information was absent on the rules, procedure, and conditions of baggage transportation, and the Customer, before Booking confirmation, did not, on their own, familiarize themselves with the rules, procedure, and conditions of baggage transportation established by a certain carrier under a certain fare.
1.5. In the event of a flight delay / cancellation, the Agency contacts the Customer and provides required information according to Carrier's rules. You are hereby informed that the Carriers do not always provide to the Agency / publish in the global distribution system (GDS) the information on flight cancellation / delay, on other changes with regard to the airline ticket, wherefore you must, on your own, track the information on flight which is included in the flight ticket.
1.6. If the Passenger missed their flight and didn't notify in advance of the change in their travel, the Carrier may cancel the booking not only for the first segment of flight, but also for the subsequent segments of the itinerary and for the inbound flight without notifying the Customer. To avoid cancellation, please contact the Customer Care or directly to the Carrier.
2. Price of the Service and Payment procedure2.1. The price of airline tickets consists of fares, taxes, charges etc.,is established by the Carriers and airports, and is available on the Website during placement of Booking / ticketing on an “as is and as available basis.” The Agency does not give any guarantees concerning possible change of airline ticket prices from placement of Order to the actual issuance of Tickets as it does not affect the fare policy of the Carriers. The total price of the airline ticket is available in the Booking System may vary depending on the selected method of payment.
2.2. The carriage rules and fare price are effective when the Order is Placed and may be unilaterally changed by the Carrier before issuance of the airline ticket without warning the Agency. If, during placement of the Order, the fare differs from that which was effective at the moment of placing the Order, the Agency notifies the Customer of the fare and may present the Customer the invoice (the bill). If the Customer does not accept the purchase of the airline ticket at the changed price, the Order is cancelled and in case the airline ticket as paid for, they are returned to the Customer according to these Terms.
2.3. During placement of Order, the Customer is informed (on the Website before confirmation of Order, or in the invoice which is submitted to the email) of the term which was set for the payment of the Airline Ticket. Under the general rule, the Customer is given up to 12 (twelve) hours to complete payment. In certain cases, the payment period may be 4 (four) hours or less. The Customer shall abide by the established airline ticket payment terms. The Bookings, which you placed but did not pay during the specified Booking deadline, may be cancelled by he Carrier, or the fare price may be changed. The Agency is not liable for the cancellation of such Orders by the Service Carrier and does not guarantee the preservation of fares during the repeat Order for the same airline tickets.
2.4. The Carriage Rules and fare price are effective when the booking is placed and may be unilaterally changed by the Service Supplier before Airline Ticket issuance, without notifying the Passengers. If, during the issuance of the Ticket by the Agency, the fare differs from that which was effective during placement of Booking, the Customer Care informs the Customer of the change in the fare and may present the Customer the invoice. If the Customer does not accept the purchase of the Ticket at the changed price, the Booking is cancelled, and the Customer gets a refund according to these Terms.
3. Issuance.3.1. After creation of and and payment for the Order, the Agency submits a request for the issuance of an Airline Ticket. The Agency issues a Ticket upon its authorization / confirmation by the Carrier.
3.2. In the event of untimely confirmation of / payment for the Order, such Order is automatically cancelled, and the Airline Tickets (seats), specified in the Order, go on general sale.
3.3. If due to errors or delays on Agency's part, Airline Ticket issuance / order for an Ancillary Service of the Carrier according to the Order is not possible, the Agency is not liable for the payment of direct and proved losses, but the liability, in any case, must not exceed the initial price of the Airline Ticket / Ancillary Service of the Carrier. The Agency is not liable for the failure to issue an Airline Ticket:
3.3.1. If the Carrier didn't confirm a request for the issuance of Airline Ticket;
3.3.2. As a result of change of Airline Ticket, fair rules, available seats;
3.3.3. As a result of technical problems with the access to GDS or other instruments of access to the issuance of Airline Tickets;
3.3.4. For other reasons which are beyond Agency's control (force majeure).
3.4. The Agent is informed of the method of Airline Ticket issuance (a per segment issuance or a multi-fare) in the Fare Rules before Booking. The Agent shall, on their own, familiarize themselves with the specified conditions and, accordingly, make an informed choice of Order conditions, its issuance and payment.
3.5. The Air Ticket is issued per segment (a per segment issuance), the Agent is, as well, provided an option to create separate Bookings for each flight segment or select other conditions of travel. During airline ticket issuance, the fare rules may be different for different segments of flight in one Order / Booking.
3.6. Multi-fare booking. When ordering airline tickets for more and more Passengers (with two adults minimum), the Agent may be offered to buy airline tickets under different fare classes. The application of various fares during airline ticket issuance allows to reduce the total price of the Carriage Service. The different classes of airline fare in one Booking do not influence the class of Passenger Service (Business, Economy). During booking of multi-fare tickets, the fare rules may differ for different Passengers in one Order/Booking.
3.7. The Service Rules / Fare Rules apply to each airline ticket separately during per segment issuance or to each Passenger during multi-fare booking, and, therefore, the following conditions may differ:
3.7.1. Applications of changes to airline tickets and airline ticket refund;
3.7.2. Rules of baggage, animals carriage and conditions for providing Carrier's Ancillary Services;
3.7.3. The conditions for refund and provision of alternative flight options during flight / rescheduling of flight through Carrier's fault. In this case, the alternative or refund of tickets will be offered to the Customer only for the flights issued within one airline ticket and for each passenger separately;
3.7.4. The peculiarities of involuntary changes to, and refund of, airline tickets at Customer's request. In this case the request for changes to / refund of airline tickets due to: (i) Customer's or their close relation's sickness / death, (ii) denial of visa, documents proving the grounds for the request are considered per airline ticket or per Passenger.
4. Refund / Exchange
4.1. The possibility to change and refund airline tickets, calculate the amount refundable is defined for the date and time of request for airline ticket refund or replacement.
4.2. Besides Carrier's penalties and fees, the Agency may withhold a Service Fee for:
- service of airline ticket change / exchange in the amount of UAH 250.00 (two hundred and fifty), including VAT, per Passenger (except infants);
- service of airline ticket refund in the amount of UAH 300.00 (three hundred), including VAT, per Passenger (except infants).
In the event of involuntary Airline Ticket exchange / refund, Agency's Service Fee is not withheld. An involuntary airline ticket exchange / refund is the circumstances which are defined by the effective laws and Service Rules, Fare Rules of a specific airline ticket and internal rules of each Carrier.
4.3. The airline ticket is cancelled only after the Customer, in the section “My account,” confirms the terms of refund. The Customer shall timely confirm the terms of refund on the Website, and in case of delay, incurs all the losses related thereto.
4.4. All the requests to apply changes to airline tickets may be normally considered by the Carriers within 2 (two) weeks or more. The Carriers on their own define the terms for considering requests; the Agency only submits to the Carrier respective requests and cannot influence them or be liable to the Customer in case of any delayed request by the Customer.
4.5. If the request for refund / exchange (applying changes) to the Airline Ticket requires Air Carrier's permit / approval / explanation, the Agency submits a respective request to the Carrier within 24 (twenty-four) hours after receipt of Customer's request. The Agency does not influence the terms for consideration and receipt of reply from Air Carrier, and for that reason the aforementioned terms must be postponed until the Agency received Air Carriers reply.
4.6. The refund conditions for the ordered ancillary services of the Carriers (e.g., extra baggage fee) are communicated to the Customer upon refund request.
4.7. In the case of payment for tickets directly to the Agency, the refund shall be made upon receipt by the Agency of the relevant funds from the Carrier or withholding by the Agency from the amount to be transferred to the Carrier in connection with the sale of Air Services in the reporting period in which the Air Carrier has agreed to such maintenance. Refund terms are calculated from the moment the Client confirms the refund in the "My Account” section.
4.8. If the Carrier was paid for the airline tickets directly, the refund, as well as blocking or unblocking of funds on Customer's payment card, is made according to the terms and conditions independently established by the Carrier. In this case the Supplier is liable to the Customer for any delays or errors. The Agency is not part to these payment transactions and may not influence them.
5. The Airline Ticket Service. Peculiarities of low-cost Carrier's tickets.5.1. When low-cost Carriers' tickets are purchased, the following conditions take effect:
5.1.1. The funds may be debited on Customer's payment card directly by the Carrier or by the Agency. When a payment transaction is being processed, the Carriers may apply additional fees and charges. The amount payable specified on the Website may differ from the amount which will be charged on Customer's payment card; such change of price considering additional fees and charges shall not be deemed as violation on Agency's part.
5.1.2. By Booking, you agree that you were informed of the conditions for airline ticket pricing and payment conditions, and you irrevocably accept the set conditions. You accept and agree that the Agency may not be liable for additional fees and charges applicable by the Carrier as the Agency only provides the Customer Carrier's pricing information but does not participate in the drafting of the policy of interaction between the participants which serve payment transactions from its creation to the debiting of funds on Customer's account, as well as when the funds are on the account as a result of ticket refund.
5.1.3. The currency of debiting may depend on the departure point of the flight chosen by the Customer.
5.1.4. The booking number confirmed by the Carrier is an evidence for an option to take a flight; the ticket number is normally not allocated.
5.1.5. The rules of most low-cost Carriers do not provide for the change of itinerary, as well as of Passenger's first name, last name, and patronymic.
5.1.6. A paid airline ticket is normally nonrefundable.
5.1.7. The Carrier may apply special conditions to the standards of baggage transportation and check-in which are defined by the Fare Rules or directly by low-cost Carrier's website.
6. Carrier's Ancillary Services6.1. The Customer may consult the Customer Care for available ancillary Services of the Carrier and order them if they are provided by the Carriers, namely: special menu, selection of seats on board, carriage of animals, bulky and extra baggage, apply for embarking / disembarking assistance for the disabled, unaccompanied child service, etc. Some of the Carrier's ancillary services may be available for the period when Orders on the Website for the flights of specific Carriers are created.
6.2. Conditions, volume and price (surcharges) of such additional services are determined by the Carriers and depend on each specific flight. An additional service fee may be established by the Agency for the processing of Customer's requests for ancillary services.
6.3. The Agency submits the Carrier a request for ancillary services upon payment confirmation Customer's payment Confirmation. The electronic miscellaneous document is a confirmation of the purchase of Carrier's ancillary services; it is emailed to the Customer.
6.4. In case of failure to confirm the order for ancillary services, the Customer is refunded its total price. If Carriers' ancillary services are refunded at Customer's request, the amount refundable is calculated according to Carrier's Fare Rules without Agency's Service Fee.
6.5. Please note that Carriers' ancillary services and airline tickets are changed and refunded as separate Services and do not depend on each other. Failure to confirm an ancillary service of the Carrier does not lead to automatic refund of the airline ticket. In such cases, the Customer Care informs Customer of possible confirmation or ticket refund options, or Carrier's ancillary services. The Customer shall confirm the ordered services according to the terms which are communicated by the Customer Care.
6.6. The Agency is not liable for, and does not reimburse, any expenses related to the transfers between the terminals or the airports.
ANNEX NO. 2.
TERMS OF UKRAINIAN RAILWAY TICKET SALES
1. General provisions
1.1. As a general rule, it is possible to buy a railway 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 railway ticket purchase with the help of the Customer Care Service.
1.2. Upon placement an Order, the Customer:
i. confirms that the Customer 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.
1.3. The Customer shall, on their own, get acquainted with the rules of baggage carriage, 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. The Agency shall not be liable to the Customer if during placement of the Order 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 himself with the rules, procedure and conditions of baggage carriage established by a Carrier under a certain fare.
1.4. The person who used the Service and/or the person who is using railway ticket shall be responsible for the compliance with the rules, listed herein.
2. Price of Service
2.1. The price of railway ticket is defined by the Carrier. The Agency does not influence the Carrier’s fare policy.
3. Railway ticket booking
3.1. Confirmation of Order shall be, 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 Customer can print Tickets at an automated railway booking office, located on the territory of Ukraine, no later than 15 minutes before train’s departure. If less than 60 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 QR-code. It is impossible to book E-ticket, if less than 60 minutes before train’s departure left.
3.2. The period between the Customer’s placement of Order and payment / payment confirmation shall not exceed 30 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. Voluntary railway ticket refund
4.1. 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 or at railway booking offices. The method of refund depends on the type of ticket:
i. Ticket refund. In the “My account” section 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.
4.2. When a ticket is refunded via the “My account” section, the amount refundable shall be individually defined in each case, and shall exclude Ukrainian Railway’s charges, intermediaries’ penalties, and Agency’s fee.
4.3. When a ticket is returned at the Carrier’s booking offices, amount refundable is defined by the Carrier.
5. Carrier’s cancellation or rescheduling
5.1. 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 about the Carrier’s cancellation of train and, therefore, shall not be liable for any losses incurred by the Customer 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 railway ticket (if the Ticket was not exchanged at the Carrier’s booking office) in “My account” section, 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, however in any case the funds shall be returned in the same method as the initial purchase of ticket.
iii. If a train is cancelled right before train’s departure, the Customer shall contact the railway office for refund. The terms of refund are defined by the Carrier.
6. Carrier’s ancillary services
6.1. The Customer may separately order Carrier’s ancillary services, namely: carriage of animals, outsized or excess baggage, namely, equipment, payment for the beverages available in the train. The terms of these services are defined by the Carrier.
ANNEX NO. 3. TERMS OF BUS TICKETS SALES
1. General Provisions
1.1. As a general rule, it is possible to buy bus ticket on the Website 15 - 60 calendar days before the departure date and no later than departure time of the bus, 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.
1.2. Upon placing an Order, the Customer confirms and agrees
i. that the Customer got acquainted and accepted all requirements specified in the Agreement 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 on the Website and/or resources of the Service Provider.
ii. 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.
1.3. 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 with 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. The Agency shall not be liable to the Customer if during placement of the Order the Website 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 with the rules, procedure and conditions of baggage carriage established by a Carrier under a certain fare.
1.4. 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. Price of Service
2.1. The price of bus ticket is defined by the Carriers and is available on the Website 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.
3. Bus ticket issuing
3.1. 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 while placing Order and prior to 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 departure 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 undertakes to print out e-ticket. Printed e-ticket shall be provided when taking a bus.
3.2. 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.
4. Voluntary bus ticket refund
4.1. 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 Personal account on the Website, with a help of Customer Care Service, at the ticket desks of bus departure, or at the Carrier’s ticket office.
4.2. When executing ticket refund in the Personal account on the Website or with a help of Customer Care Service, the refundable amount shall be calculated in each case separately, excluding Carrier’s/Provider’s fees, intermediaries’ fines, payment systems’ charges and Agency service fee. Ticket refund shall be deemed completed upon change of booking status in the Personal account.
4.3. The amount of fine shall depend on the time remaining to bus departure. The minimum time for ticket refund on the Website shall be defined by the Carrier for each route and is reflected in the voucher. If refund function is not available on the Website, the refund shall be executed at the ticket desk of bus departure, at the Carrier’s ticket office or with a help of Customer Care Service.
4.4. If an exchangeable voucher has been exchanged to a ticket at the ticket office, refund by means of the Website will not be possible, refund can be executed at the ticket desk of bus departure or at the carrier’s ticket office.
4.5. 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.
5. Cancellation or Changes in bus schedule by the Carrier/Service Provider
5.1. 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 about the Carrier’s cancellation of bus and, therefore, shall not be liable for any losses incurred by the Customer due to such cancellation or rescheduling. Therefore, Client must, on your own, follow the information on the bus, where the ticket was purchased.
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