Summary

Article 1. General Provisions and Definition of Terms
Article 2. Service Agreement
Article 3. Fees, Costs and Charges
Article 4. Conditions of Carriage
Article 5. Administrative Formalities/Governing Laws/Amendments/Fraud
Article 6. Discharge/Extinguishment of Obligations
Article 7. Liability for Damage
Article 8. Dispute Resolution

Article 1. General Provisions and Definition of Terms

Parties and description of cooperation. These Terms & Conditions regulate the legally binding relationship between us, the private limited company __legalName__ s.r.o., company ID No.: 29352886, with registered office at Palachovo namesti 797/4, Post Code 625 00 Brno, the Czech Republic, registered in the Commercial Register maintained by the Regional Court in Brno, file no. C 74565, Tax ID No. CZ29352886 (“__legalName__”,“We”, “Our”, “Us”), you as Our customer (“You”, “Your”, “Yourself”); (“You”, “ Your” and/or “Yourself” can also be used to refer to a passenger to be transported in a plane under the Contract of Carriage) and KAYAK Software Corporation, a Delaware corporation with offices at 7 Market Street, Stamford, CT 06902 (“ KAYAK”).

KAYAK operates the website www.kayak.com (with the respective national subdomains) where KAYAK is a travel search engine and searches other travel sites to help customers find Flights. KAYAK provides in cooperation with __legalName__ to its customers a facilitated booking path for Flight related services directly on the kayak.com website or KAYAK mobile application and sites. In the course of this cooperation, KAYAK provides search results to the prospective customers of __legalName__ and if a customer chooses to make a Booking, __legalName__ processes the Booking and provides all post Booking customer services.

In the process of the Booking, You will enter into two separate agreements; one concluded with __legalName__ for the provision of booking, payment processing, customer support and other services related with your travel; and a separate Contract of Carriage concluded with the respective Carrier(s), which you choose for Your travel. KAYAK provides the platform for searching for Flights and facilitates the Booking the Flights with Us but is not a party to the process of Booking and provision of post Booking services. In the course of Our cooperation with KAYAK we act and present Us together under KAYAK branding in order to prevent confusion or any inconvenience to You. This fact, however, does not affect the above-specified nature of Our cooperation with KAYAK.

You will not enter into any agreements or relationships with KAYAK related to the Booking of the Flight. KAYAK will not be responsible for processing the Booking or provision of post Booking services. You hereby release and discharge KAYAK from any and all liability for any claim of any kind relating to the processing of the Booking or provision of post Booking services.

Definition of Terms. The terms in BOLD listed below, and used throughout these Terms & Conditions refer to the following:

Complete Information. You must provide Us with complete, accurate and correct information and all data necessary for Our provision of the Services to You (especially the information and data (including personal data) necessary for the conclusion of the Contract of Carriage with Selected Carrier(s), for billing and Flight tickets (itinerary, delivery etc.), for which You are requested during the Booking or any time before or after. It is Your responsibility to ensure that all information is correct and updated at the time of the Booking and/or travel. It should also be noted that You must provide all information using Latin script. We are not responsible for any damages, additional cost or any other issues or complications, which may arise as a result of Your failure to provide Us with complete and accurate information.
Intellectual Property. We retain any, and all, rights to Our content we provide to the Website; including software, hardware, products, processes, algorithms, user interfaces, know-how, technologies, designs and other tangible or intangible technical materials or information made available to You by Us throughout the provision of the Services or by using of Our content on the Website. Unless expressly set forth herein, no expressed or implied license or right of any kind is granted to You regarding the Services and/or the Website, or any part thereof, including any right to obtain possession of any source code, data or other technical material relating to the Website. All rights not expressly granted to You herein are reserved to Us. Any work product, developments, inventions, technology or materials provided by Us under these Terms & Conditions and/or the Service Agreement or while using The Website or any Services are exclusively owned by Us. You shall not alter and/or decompile the software used by Us for the provision of the Services and operation of the Website; You shall not make copies of such software. We, in Our sole discretion, may use all comments and suggestions, whether written or oral, provided by You in connection with Your order and use of the Services and or the Website. Furthermore all copyright, trade marks, design rights, database rights, patents and other intellectual property rights (registered and unregistered) in and on the Website belongs to Us and/or third parties. We do not grant You a right or license to use any trade mark, design right, database right, copyright or any other right regarding the content in and on the Website owned or controlled by Us or any other third party except as expressly provided in these Terms & Conditions.
The Trademarks. The trademarks, logos, and service marks (hereinafter referred as the "Trademarks") displayed on the Website are registered and unregistered Trademarks of their respective owners. All Trademarks related to the operating airlines and other third party providers that are displayed on the Website belong to their respective owners and We or KAYAK use these Trademarks solely for Your convenience. Nothing contained on this Website should be construed as Our or KAYAK’s pretension of 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, or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, is strictly prohibited. You must ensure that Your use of the third party content (Trademarks, logos, watermarks and other registered details) complies with all applicable law and the intellectual property and other rights of the relevant third party provider. You acknowledge and agree that the third party content and services and all intellectual property rights subsisting in the third party content and services will remain the property of the relevant third party provider. No part of the third party content and services may be modified, duplicated, published, uploaded, distributed, translated, adapted, marketed or used, without the prior written consent of the relevant third party provider.

Article 2. Service Agreement

In order to remain in full compliance with all applicable laws and regulations We provide You with all the mandatory information before entering into the Service Agreement with Us:

Service Description. Our Services shall consist of the following:

Displaying the Flights offered and their combination on the Website in cooperation with KAYAK;
Brokerage of the Contract of Carriage between You and the Selected Carrier; and
Delivery of the Flight tickets (itinerary) for the selected Flight(s), which You have purchased in accordance with Art. 1.2.1 hereof, as a result of the Booking, to You in accordance with Art. 2.17 hereof.

Article 3. Fees, Costs and Charges

Full Price. The Full Price that is displayed on the Website is the final price for the Flight ticket(s) and it includes the base fare to the Destination, the airport charges, fuel charges, VAT and price of Our Services. However, it does not include other fees, charges or payments for services related to Your carriage under the Contract of Carriage, which are provided by the Selected Carrier(s) and/or third parties, such as Optional Services, tourist taxes, visa fees, airport transfer fees etc. You must pay the Full Price with a payment card or by another online payment method offered on the Website by entering the required data in the relevant online form on the Website. Until We receive the payment of the Full Price from You and confirm to You its acceptance, We are not obliged to commence the provision of any Service(s).

Article 4. Conditions of Carriage

You acknowledge that a Selected Carrier(s)’s terms and conditions and conditions of carriage will unconditionally apply to Your contractual relationship with the Selected Carrier(s) and that You should make Yourself aware of such terms and conditions as well as conditions of carriage before the Service Agreement is concluded and You complete the Booking, but they will be binding irrespective.
We will provide You with all necessary documents (not including documents that you are responsible for, such as visas, passports, etc.) for Your journey. However, it is Your responsibility to check that all documents have been received and are in order. We are not responsible for any issues arising due to Your failure to ensure that You have all the correct and adequate passport, visa, or other travel documents required by any airline, authority, or the Destination, including countries you may just be transiting through. If You have not received any documentation from Us, or You believe that some of the documentation is missing or inaccurate, You must contact and inform Us immediately and We will make Our best effort to provide You with all the necessary documentation.

Article 5. Administrative Formalities/Governing Laws/Amendments/Fraud

Visas. We are under no obligation to advise You to obtain visas nor assist You in obtaining visas or obtain for You visas to the destinations that You will visit and/or pass through en route to Your Destination. However, We do generally advise You that some of the destinations may require a visa from You and that it is Your responsibility to obtain the required visas early enough, and at Your own expense.
Severability. If any of the provisions of the Service Agreement are found to be invalid or ineffective, the other remaining provisions shall remain fully valid and effective to the extent that they are not dependent on such an invalid or ineffective provision. In such an event, any invalid or ineffective provision shall be replaced with a new, valid and effective one which corresponds to the intent and purpose of the provision that it being replaced.
Governing Law. The Service Agreement and any legal relations established under it or derived from it, including issues of its formation and validity, shall be governed by the laws of the Czech Republic with the exclusion of any rules on conflict of laws.
Personal Data Processing. Our processing and protection of personal data, that You provided to Us, as a natural person in accordance herewith, is governed by Act No. 101/2000 Coll., on the protection of personal data and amendments to some related acts, as amended, as well as by Our Privacy Policy, which is available online on the Website. The Privacy Policy forms an inseparable part of these Terms & Conditions and You are obliged to always read Our Privacy Policy before accepting these Terms & Conditions. By accepting these Terms & Conditions You also confirm that You have read and understood Our Privacy Policy.
Amendments. We reserve the right to amend these Terms & Conditions at any time, and without prior consultation with Our customers. These Terms & Conditions are valid and effective from the time when You send Us a completed online order form via the Website and will apply to the respective Service Agreement. Please be advised that these Terms & Conditions may have changed by the time You choose to use Our Services again, and You should read them carefully before requesting any order of Our Services. All versions of Our Terms & Conditions are available and downloadable on the Website.
Applicability. These Terms & Conditions shall apply to all Service Agreements concluded as of May 1, 2017.
Fraudulent Transaction Protection. To ensure the high standard of Our Services and to protect against fraudulent transactions, We reserve the right to perform checks (verification) of payment cards. For this reason, We may request Your cooperation to verify the identity of the payment card holder. Until successful verification, Our obligation of immediate commencement of the provision of Our Services is suspended. In this event Your funds will be blocked at the bank and therefore We will not withdraw them. The time that it will take to verify a payment card is not included in the period within which We undertake to broker a Contract of Carriage for You in accordance with Art. 2.15. hereof.

Article 6. Discharge / Extinguishment of Obligations

Discharge by Performance. Your and Our obligations under the Service Agreement will be discharged, and the Service Agreement performed, when You pay the Full Price in accordance with Art. 3.1 hereof and We provide the Services to You.
Extinguishment by Default. We continuously update Our offers for Flights in order to provide You with the most up to date Flight information, however, from time to time the Flights may not be available anymore or the Flights prices may change. If We fail to broker the Contract of Carriage for You in accordance with Art. 2.15 within a reasonable time after We accept Your payment of the Full Price and not later than 48 hours, We will contact You. We will try to offer You an alternative solution, or either You or Us may withdraw from the Service Agreement. If You or We withdraw from the Service Agreement, You will be entitled to a refund of the Full Price in accordance with Art. 6.3 hereof. If we agree on an alternate Flight or another combination of Flights to Your Destination, the Full Price may change. You and Us will settle the price difference between the original Full Price and the new Full Price. Such price differences will be payable either by You to Us or vice versa based on Our calculation provided to You.
Refund process. If You are, under these Terms & Conditions, entitled to receive a refund of the full or partial price You originally paid Us or another form of refund, it will be refunded to the payment card account that You used to pay Us the Full Price. This can take up to 10 working days; if it is not possible, the refund will be provided by a method mutually agreed between You and Us within 14 days after We reach such an agreement on the method of refund. It is pertinent to mention that We bear no responsibility in relation to the money, because We cannot anyhow influence the transfer process of the refund and that responsibility solely lies with the financial institutions responsible for remitting the transaction from Us to You.

Article 7. Liability for Damage

We and KAYAK are not liable for any damage, harm or loss arising out of any actions or omissions of a Selected Carrier or other third parties in connection with carriage to the Destination. Neither are We liable for any damage, harm or loss arising out of Your actions or omissions that are contrary to these Terms & Conditions.

Article 8. Dispute Resolution

In cases of disputes the courts of Czech Republic shall have complete jurisdiction over all disputes arising between You and Us.
According to EU legislation all consumers residing in EU countries are, prior to filing any legal action to the court, pursuant to the Act No. 634/1992 Coll., on Consumer Protection, as amended, 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 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 ( coi.cz/en/for-consumer/advice-information-consumer-rights ).
Pursuant to the EU Regulation No. 524/2013, EU consumers are also entitled to commence the out-of-court settlement of consumer disputes on-line through the ODR platform for on-line resolution of consumer disputes accessible at ec.europa.eu/consumers/odr .
Prior to commencement of any of the above methods of dispute resolution, You are advised to directly contact Us through Our contact form available here to resolve any of Your complaints or suggestions.

In Brno on 1 May, 2017.

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