1.1 The website located at Kiwi.com, the Kiwi.com mobile application and all of their contents ("Website") are owned and operated by private limited company Kiwi.com s.r.o., with a registered office at Rohanské nábřeží 678/25, 186 00, Prague 8-Karlín, Czech Republic, Company ID No.: 29352886, registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 387231, Tax ID No. CZ29352886 ("Kiwi.com", " we", "our", "us").
2. Access to and use of the Website
2.1 If you decide to use the website, we will provide it to you "as is" without any liabilities and warranties including but not limited to the guarantee of completeness, flawlessness, availability, or suitability. If you are a consumer with habitual residence in the EU, this clause does not apply to you.
2.2 Under no circumstance shall we be liable for any loss or damages (including direct, indirect, special, or consequential losses or damages of any kind or lost profits) in relation to or connected with the website regardless of the form of action by which such losses or damages may be claimed. If you are a consumer with habitual residence in the EU, this clause does not apply to you.
2.3 Access to specific parts of the Website may be restricted under specific rules and requirements. Unless indicated otherwise, Website functionalities are provided free of charge.
2.4 The content and information on the Website (including subjects of intellectual property, price, and availability information relating to the products and services provided via the Website), as well as the infrastructure used to provide such content and information, is proprietary to Kiwi.com or our suppliers and providers.
2.5 The user agrees to keep confidential any passwords provided to access the Website and ensure that no unauthorized third parties gain access to them. The user accepts responsibility for any financial consequences arising from the use of the Website with the user's password to the Website or from the use of the User's passwords by third parties.
2.6 We, in our sole discretion, may use all comments and suggestions, whether written or oral, provided by the user in connection with the use of our products and services or the Website.
2.7 The User agrees not to:
use another person's name, ID, or password without permission nor use the Website while impersonating another person;
post or transmit any unlawful, threatening, defamatory, obscene, or indecent material or any material that could constitute conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
make any speculative, false, or fraudulent booking or any booking in anticipation of demand;
use any device, software, or routine to interfere with or attempt to interfere with the proper working of the Website;
alter or decompile the software used for the provision of our products and services and operation of the Website;
frame, mirror, or otherwise incorporate any part of the Website into any other website without our express written authorization.
3. Website functionalities and Kiwi.com Account
3.1 The Website contains multiple functionalities which are available to the user and may be used by a designated part of the interface of the website or other designated online tools such as emails ("website interface"). We will provide you with functionalities of the website provided that you use the functionalities in a way that has been intended and allowed by us.
3.2 The Kiwi.com Account is formed by additional functionalities of the Website with restricted access ("Kiwi.com Account") such as tools for the management of your current and past bookings or the storage of data necessary for making bookings in the future.
3.3 You may access the Kiwi.com account associated with your email address by signing in via the website interface provided you previously made a booking on the website with your email address, or you created a Kiwi.com Account via the Website interface with your email address.
4. Search functionalities
4.1 Search functionalities of the Website allow you to search amongst transport services of third parties and their combinations.
4.2 The displayed search results depend on your input and choices made via the Website interface within defined parameters.
4.3 By default, we rank search results from best, meaning that transport options that we consider to be better are displayed higher while options considered worse are displayed lower. Which option is better and which is worse is determined by a formula based on the combination of price (lower price is considered better than a higher price), duration (shorter carriage is better than longer carriage), means of transport (ground transport is considered better than air transport) and a number of passengers. You may change the default ranking of search results to any of the available options. In that case, the search results are ranked according to the selected parameter such as price or duration.
4.4 Prices displayed on the Website might be subject to change and adjusted by automated decision-making.
5. Our intellectual property
5.1 We retain any, and all, rights to our products and services and the Website and its content; including software, hardware, products, processes, algorithms, user interfaces, knowledge, technologies, inventions, designs, and other tangible or intangible materials or information made available to the User throughout the provision of the services or by using the Website.
5.2 No expressed or implied license or right of any kind is granted to the User regarding our services, products, or the Website, or any part thereof, including any right to obtain possession of any source code, data, or other material relating to the Website. All rights not expressly granted to the User herein are reserved to us or their respective owners.
5.3 Furthermore, all copyrights, trademarks, design rights, database rights, patents, and other intellectual property rights (registered and unregistered) in and on the Website and regarding the content of the Website belong to us or third parties and we do not grant anyone the right or license to use them.
6. Content of third parties
6.1 All the third-party products and services displayed on the Website are provided by professional providers acting as traders.
6.2 The trademarks, logos, service marks, watermarks, and other third-party content (" Trademarks") displayed on the website are registered and unregistered trademarks of their respective owners. All trademarks related to the operating airlines, railway companies, and other third-party providers that are displayed on the website belong to their respective owners and we use these trademarks solely for your convenience. Nothing contained on this Website should be construed as Our pretension to these third-party Trademarks or as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the express written permission of its respective owner.
6.3 Your misuse of the Trademarks displayed on the Website is strictly prohibited. You must ensure that your use of trademarks complies with all applicable laws and the intellectual property and other rights of the relevant third-party provider. You acknowledge and agree that the trademarks will remain the property of the relevant third-party provider. No part of trademarks may be modified, duplicated, published, uploaded, distributed, translated, adapted, marketed, or used, without the prior written consent of the relevant third-party provider.
6.4 Displaying of trademarks on the website and the availability of third-party products or services on the website, should not be construed as an affiliation, endorsement, or sponsorship of the website and our services by any such third party.
7. Final provisions
7.1 Dispute resolution
7.1.1 Amicable dispute resolution. Prior to the commencement of any of the below methods of dispute resolution, please try to contact us through our contact form available at: Kiwi.com/content/feedback first to resolve any of your complaints or suggestions.
7.1.2 Jurisdiction. in cases of disputes with Kiwi.com s.r.o. The courts of the Czech Republic shall have complete jurisdiction over all disputes arising between you and us.
7.1.3 EU consumer disputes
All consumers residing in EU countries are, prior to filing any legal action with a court, entitled to commence the out-of-court settlement of their dispute with us, provided that any such dispute between an EU consumer and us has not been successfully settled directly. The institution in charge of out-of-court settlements for the EU consumer disputes with our company is the Czech trade inspection authority (coi.cz). More information on out-of-court settlements of consumer disputes may be found here (https://www.coi.cz/en/information-about-adr/).
Pursuant to EU regulation No. 524/2013, EU consumers are also entitled to commence the out-of-court settlement of consumer disputes online through the ODR platform for the online resolution of consumer disputes accessible at (ec.europa.eu/consumers/odr).