條款和條件

摘要

• DEFINITIONS
• CONCLUSION OF THE AGREEMENT
• PRICE LOCK
• INITIAL BOOKING
• BOOKING MANAGEMENT
• FEES, COSTS, AND CHARGES
• REBOOKING YOUR FLIGHTS
• CANCELLATIONS BEFORE WE BOOK THE FLIGHTS
• CANCELLATIONS AFTER WE BOOK THE FLIGHTS
• DISRUPTION TREATMENT SERVICES
• CUSTOMER SUPPORT SERVICES
• KIWI.COM CREDIT & PROMOTIONAL DISCOUNTS
• SMART TICKETS (HIDDEN CITY & THROWAWAY TICKET)
• REPRESENTATION AND LIMITED WARRANTY
• DISPUTE RESOLUTION
• GENERAL PROVISIONS
• SPECIAL CONDITIONS FOR BOOKINGS WITH SPECIFIC CARRIERS
• SPECIAL REFUND RULES FOR US FLIGHTS
• KIWI.COM GUARANTEE & KIWI.COM BENEFITS
• APPLICABILITY AND AMENDMENTS

• 1.DEFINITIONS
  • 1.1Definitions. References to the singular include the plural and vice versa. Unless expressly stated otherwise, any references to articles are references to the articles within these Terms & Conditions.

    TERM	MEANING
    Agreement	The agreement concluded between Kiwi.com and you as the customer upon completion of a Booking or ordering of any Kiwi.com Service and formed by these Terms & Conditions and Terms of Use.
    Alternative Carriage	An alternative Carriage or a combination of Carriages that would allow you to successfully reach your destination according to the specification of your Booking.
    Assisted Refund Service	Type of Refund Handling Service provided by Kiwi.com and consisting of cancellation of all Carriages in your Itinerary and trying to recover any available refunds from the Carrier.
    Booking Management	Kiwi.com assistance service consisting of receiving, processing and providing you with information, and accepting or rejecting alternative Carriages offered by the Carriers, further described in Art. 5.1.
    Booking	Your individual order completed by the Booking Process described in Art. 2.3.
    Booking Price	Price which you pay for the Booking, consisting of Carrier Reservation Price, Non-Carrier Ancillary Services Price and Kiwi.com Service Fee.
    Booking Process	Process consisting of steps described in Art. 2.3. Upon their fulfillment a Booking is considered as completed.
    Carriage	Personal transportation.
    Carrier Ancillaries	Ancillary services related to the Carriages (e.g., baggage or seating).
    Carrier Reservation Price	Price of the Carriage and Carrier Ancillaries which is paid to the Carriers for the completion of the Carrier Reservations.
    Carrier Reservations	Orders with the Carriers in accordance with your Booking.
    Carriers	Third-party providers of personal transportation acting as traders.
    Connection Protection	Kiwi.com Service included in some Bookings that gives customers extra protection in case of Disruptions, as further defined in Section 10.
    Contracts of Carriage	Contracts concluded in your name and on your behalf with the Carriers in accordance with your Booking.
    Customer or you	You as our customer.
    Disruption	Cancellation of your Carriage, delay, schedule change, or other event caused by the Carrier which prevents you from boarding one or more Carriages in your Itinerary or that will cause a delay on the arrival of the last Carriage by more than 24 hours, or by more than 5 hours if you have Disruption Protection and your Itinerary is not a Virtual Interlining Itinerary. Disruption also includes changing your origin or destination airport to an airport that is not in the same country or is more than 80 km away from the original one.
    Disruption Protection	Kiwi.com Service included in some Bookings that gives the customers extra protection in case of Disruptions, as further defined in Section 10.
    Disruption Protection Premium	Optional paid Kiwi.com service that gives our customers more options in case of Disruption as further defined in Section 10.
    Disruption Treatment Services	Disruption Protection, Disruption Protection Premium, Connection Protection or Transfer Protection as defined in Section 10.
    Itinerary	Carriages or their combination that you selected during the Booking Process.
    Kiwi.com or we	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, or Kiwi.com Inc. with a registered office at 1221 Brickell Avenue, Suite 1115, Miami, Florida, 33131, United States, if you fulfill the following criteria: i. you make the payment for the respective Kiwi.com Service in USD currency, and ii. you pay by a Visa or Mastercard credit/debit card issued by a US bank/registered issuer, or by US PayPal account.
    Kiwi.com Account	Additional functionalities of the Kiwi.com Platform with restricted access, such as tools for the management of your current and past Bookings or the storage of data necessary for making Bookings in the future. Your Kiwi.com Account is associated with your email address.
    Kiwi.com Credit	Untransferable credit with assigned value usable exclusively by you for the full or partial payment of the Bookings and other Kiwi.com Services. You can find your Kiwi.com Credit in your Kiwi.com Account.
    Kiwi.com Guarantee	Unique selling proposition of some Itineraries booked with Kiwi.com, including benefits described in Section 19.
    Kiwi.com Platform	The website www.kiwi.com, and the iOS and Android mobile application which are operated by Kiwi.com.
    Kiwi.com Service Fee	Fee for one or more Kiwi.com Services as further described in Art. 6.1.3.
    Kiwi.com Services	Services provided by Kiwi.com, in particular Price Lock, Initial Booking, Booking Management, Post-booking Services, Cancellation and Rebooking Services, Disruption Protection, Connection Protection, Disruption Protection Premium, Transfer Protection, Customer Support and Refund Handling Services.
    No-Checked-Bag Itinerary	Special Itineraries with limited possibility to include a checked bag due to short layover times or other such limitations.
    Non-Carrier Ancillary Service Providers	Non-Carrier third-party service providers acting as traders.
    Non-Carrier Ancillary Services	Other third-party services than the Carriages and Carrier Ancillaries.
    Other Passengers	Any other individuals who you include in the Booking or for whom you otherwise order any Kiwi.com Services or Third-Party Services.
    Post-booking Services	Kiwi.com assistance services, in particular processing changes of your Third-Party Service Reservations and processing your requests to order further Third-Party Services.
    Processing Fee	Fee for the provision of the Post-booking Services, communicated to you before your confirmation and payment of these services.
    Rebooking Service	Rebooking of Carriages by Kiwi.com on your behalf consisting of canceling your original Carrier Reservations and making a new Carrier Reservation on your behalf.
    Refund Handling Service	Additional service of Kiwi.com consisting of processing your cancellation request and the refund received from the Carrier.
    Third-Party Service Providers	Carriers and Non-Carrier Ancillary Service Providers.
    Third-Party Service Reservations	Your orders of the Third-Party Services with the individual Third-Party Service Providers.
    Third-Party Services	Carriage, Carrier Ancillaries and Non-Carrier Ancillary Services.
    Virtual Interlining Itineraries	Itineraries where you can use connecting Carriages of Carriers who do not cooperate together.

• 2.CONCLUSION OF THE AGREEMENT
  • 2.1These General Terms are applicable to services offered and provided by Kiwi.com through the Kiwi.com Platform or by Kiwi.com through other means (e.g. through contact with our customer support team, or through third parties).
  • 2.2The Agreement is concluded between you and Kiwi.com upon completion of a Booking or ordering of any Kiwi.com Service and our confirmation of receipt of your Booking or order.
  • 2.3Booking Process. A Booking shall be considered as completed after you successfully finish all the following steps:
    • 2.3.1selection of the Third-Party Services, additional Kiwi.com Services, and rebooking and cancellation conditions,
    • 2.3.2providing Kiwi.com with all the information required by the Kiwi.com Platform,
    • 2.3.3confirmation of the Booking via the dedicated action on the Kiwi.com Platform, esp. by using the final confirmation (payment) button,
    • 2.3.4payment of the Booking Price to Kiwi.com.
  • 2.4Through completion of a Booking, you represent that you have obtained all the necessary legal authorization and consents from the Other Passengers for us to enter into the necessary agreements and to go through verification flows with the Third-Party Service Providers on their behalf and to provide Kiwi.com with their personal data. When it comes to any Third Party Service Reservation made in the name and on behalf of the Other Passengers, you represent that you have the authorization to act on their behalf.
  • 2.5All completed Bookings will be filed by us, and you may access them using your Kiwi.com Account.
  • 2.6PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU LIVE IN THE UNITED STATES AND CONTRACT WITH KIWI.COM, INC. UNDER THE TERMS SET FORTH IN THIS AGREEMENT, THIS AGREEMENT CONTAINS IMPORTANT INFORMATION THAT APPLIES TO YOU ABOUT RESOLUTION OF DISPUTES THROUGH BINDING ARBITRATION RATHER THAN IN COURT, INCLUDING A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS AND THE RIGHT TO OPT OUT, AND A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST KIWI.COM, INC. MORE THAN 1 YEAR AFTER THE RELEVANT EVENTS OCCURRED, WHICH IMPACTS YOUR RIGHTS AND OBLIGATIONS IF ANY DISPUTE WITH KIWI.COM, INC. ARISES. SEE ARTICLE 15.4 FOR DETAILS ON THESE PROVISIONS.
• 3.PRICE LOCK
  • 3.1The prices of Carriages are highly dynamic and tend to change often. To protect you against this price volatility, Kiwi.com may offer you the option to lock the price of a specific itinerary that you have found through the Kiwi.com Platform for a certain time period (for the purpose of this Section 3 “Locked Term”). Unless specified within the offer otherwise, the Locked Term shall be 72 hours from the moment of your confirmation and payment of the fee as specified below.
  • 3.2The protection against the changes shall apply up to a certain price increase which will be communicated to you within the offer (for the purpose of this Section 3 “Locked Limit”). If the prices of Carriages change within the Locked Term and the increase is lower or equal to the Locked Limit, you will be able to complete the Booking for the original price of the Carriages which was displayed to you at the time when you locked it. If the price decreases, you may complete the Booking with the new (lower) price.
  • 3.3The locked price shall only be applicable to the specification of the Booking as selected at the time of the confirmation and payment of the Price Lock Fee - if you add Third-Party Services or select other paid additions in the Booking Process while completing the locked Booking, the overall Booking Price will change
  • 3.4For the Price Lock, you will be required to pay a fee in the amount specified within the offer (for the purpose of this Section 3 “Price Lock Fee”).
  • 3.5Should the price difference at the time of your attempt to complete the Booking be higher than the Locked Limit, we shall refund you the Price Lock Fee. If you attempt to complete the Booking but the Carriage has been sold out, we will refund you the Price Lock Fee as well. We may offer you to pay the difference exceeding the Locked Limit and complete the Booking anyway.
• 4.INITIAL BOOKING
  • 4.1Kiwi.com enables you to search for offers of Carriage and Carrier Ancillaries from various Carriers acting as traders, as well as other Third-Party Services from various Third-Party Service Providers, combine them with additional Kiwi.com Services into Bookings and instruct Kiwi.com to order all of these Third-Party Services on your behalf.
  • 4.2Upon completion of the Booking, you therefore instruct and authorize Kiwi.com to broker the conclusion of all necessary contracts with the Third-Party Service Providers on your behalf and provide you with all the necessary information to duly enjoy the Third-Party Services with limitations as explained in Art. 5.5. Kiwi.com shall be authorized to perform any and all actions on your behalf necessary to order the Third-Party Services that match the specification of your Booking. If we cannot order your selected seats, you authorize us to order the remaining Third-Party Services and refund the seating price to you. We may offer you similar seats in the same part of the plane. You can refuse them and request a refund of the seating price. If we find the same Third-Party Services (as already ordered) for a lower price, we shall cancel them with the Third-Party Service Providers, request the refunds, and make the Third-Party Service Reservations again. We will keep the refunds received for these redundant reservations to cover the costs of the new ones. Any difference will be kept by Kiwi.com as the Kiwi.com Service Fee.
  • 4.3根據本協議，Kiwi.com 代表您與承運人簽訂運輸合同。在某些情況下，Kiwi.com 也可代表其他乘客與承運人簽訂運輸合同。這表示您或其他乘客（視情況而定）將成為運輸合約的訂約方，並受其條款和條件的約束。您有責任熟悉運輸合同的條款和條件。這也適用於根據本協議代表您或其他乘客所做的任何其他承運人預訂。
  • 4.4When we order the Third-Party Services on your behalf, we will email you confirmation of the Booking which can be subsequently managed as described in Section 5.
  • 4.5Virtual Details
    • 4.5.1Upon completion of the Booking, you acknowledge and agree that for the purpose of reservation of the Third-Party Services, we may create a virtual email address and payment details dedicated to your Booking which shall be used while reserving the Third-Party Services (for the purpose of Art. 4.5 “Virtual Details”). That means that we may:
      • (a)provide the virtual email address to the Carriers and other Third-Party Service Providers, and
      • (b)use the virtual payment details to pay the Carrier Reservation Price to the Carriers and the price for the Third-Party Services to the Third-Party Service Providers.
    • 4.5.2Furthermore, you acknowledge these Virtual Details to be your personal data and agree with the fact that these Virtual Details shall be transferred to the Carriers as your personal data while making the Carrier Reservations. That means that where the Carriers require the email address and payment details of the customer, we shall use these Virtual Details. For any cases where the Carriers might require the provision of the customer data as provided to us by the customer, you declare that these Virtual Details are provided by you to Kiwi.com.
    • 4.5.3The fact that we provide the Third-Party Providers with the Virtual Details also means that any information and payments from the Third-Party Providers shall be received by Kiwi.com and passed on to you according to the conditions of this Agreement.
  • 4.6Virtual Interlining. One of the core advantages of Kiwi.com is our ability to combine flights into Virtual Interlining Itineraries where you can connect Carriages of Carriers who do not cooperate together, and therefore often travel for cheaper prices. When constructing the Virtual Interlining Itineraries, we use our best knowledge and effort to make sure that there is enough time to transfer. However, when choosing a Virtual Interlining Itinerary, you should be aware of the following:
    • 4.6.1during the layovers, you will need to collect and recheck your luggage, and
    • 4.6.2you will probably need to go through customs checks so you might need to have any visas or other required documentation and fulfill other local entrance requirements to be able to enter the countries in your layover destinations.
• 5.BOOKING MANAGEMENT
  • 5.1Booking Management is an assistance service consisting of:
    • 5.1.1receiving all communication from the Third-Party Service Providers related to ordered Third-Party Services, processing the received communication, choosing the important information necessary for your enjoyment of the ordered Third-Party Services, and providing you with this information via our communication channels,
    • 5.1.2accepting or rejecting alternative Carriages offered by the Carriers in case of cancellation or a schedule change caused by the Carrier as further explained in Art. 5.7 - 5.9 below.
  • 5.2Post-booking Services. Upon your request and payment of respective prices as charged by the Third-Party Service Providers and as possible under your contractual relationship with the Third-Party Service Providers or agreements between the Third-Party Service Providers and Kiwi.com, we shall:
    • 5.2.1process changes of your Third-Party Service Reservations, and
    • 5.2.2process your requests to order further Third-Party Services.
  • 5.3For the provision of the Post-booking Services, we shall have the right to a Processing Fee whose amount will be communicated to you before your confirmation and payment of this service. The default amount of the Processing Fee is €30 per request. You have the option to lower or remove the Processing Fee through the purchase of a corresponding option in the Booking Process under the conditions described therein. When we offer to make additional Carrier Reservations on your behalf as part of the Post-booking Services, we don’t apply the Processing Fee and the displayed price shall include the Carrier Reservation price and a Kiwi.com Service Fee.
  • 5.4For the performance of the Booking Management and Post-booking Services, you hereby authorize Kiwi.com to perform any and all actions on your behalf necessary to provide these services or, should Kiwi.com deem necessary to do so, to ensure the successful provision of the ordered Third-Party Services by the Third-Party Service Providers to you to match the specification of your Booking, including any necessary communication with the Third-Party Service Providers in our name or your name.
  • 5.5In an effort to offer you the best prices for the Carriages, in some cases, we make the Carrier Reservations via channels or third parties which do not allow us to give you access to the user interfaces of the Carrier Reservations (e.g. Global Distribution Channels or Booking Partners). In such cases, you will have to process all your requests with the Carriers through our Post-booking Services.
  • 5.6Compensations recovery referral. Upon completion of your Booking, you instruct us to provide you with services of claim recovery referral. For the purpose of provision of the referral, you hereby instruct us to assess your eligibility for any compensation claim and to infer (under our sole discretion) that it is appropriate to refer you to the services of a third-party company AirHelp Germany GmbH. If we conclude that you might be eligible for compensation by the Carriers, we will send you an invitation to order compensation enforcement services from AirHelp. You are not obliged to have your claims enforced this way. The fee for the services provided by AirHelp shall be governed by your agreement with AirHelp.
  • 5.7Virtual Interlining - Schedule Changes. For our Virtual Interlining Itineraries, where we have the option to accept or reject alternative Carriages offered by the Carriers on your behalf, we shall do so based on the impact of this offered alternative on your ability to board the next Carriage in your Itinerary, i.e. whether you will have enough time in the specific layover destination for the self-transfer as explained in Art. 4.6 (for the purpose of Art. 5.8 and 5.9 “Self-transfer Time Requirement”).
  • 5.8If any of the offered alternatives meet the Self-transfer Time Requirement and the change between the original and the new departure is 24 hours or less, we shall accept the offered Carriage that in our opinion best matches the specification of your original Itinerary and inform you about this change. If none of the offered alternatives meets the Self-transfer Time Requirement, we will reject them and request a refund. This is considered an Assisted Refund Service.
  • 5.9In cases where at least one of the offered alternatives meets the Self-transfer Time Requirement (or if there is no further connecting Carriage) but the difference between the original departure and the new departure for any of the offered alternatives would be more than 24 hours, where possible, we shall inform you about the change and allow you to decide whether to accept any of the offered alternatives. If you do not inform us about the decision via designated means within the timeframe that we specify, we will request a refund. This is considered an Assisted Refund Service.
• 6.FEES, COSTS, AND CHARGES
  • 6.1Booking Price consists of:
    • 6.1.1Carrier Reservation Price
    • 6.1.2Non-Carrier Ancillary Services Price, and
    • 6.1.3Kiwi.com Service Fee which consists of, as applicable,
      • (a)the fee for the reservation of the Carriage and Carrier Ancillaries,
      • (b)the fee for the reservation of the Non-Carrier Ancillary Services,
      • (c)附加Kiwi.com服務（如中斷保護）、更高級別的客戶支持服務、標準和靈活或同等套餐或在預訂過程中選擇的其他Kiwi.com服務的費用，以及
      • (d)Kiwi.com保證或Kiwi.com優惠的費用。
  • 6.2The breakdown of the Booking Price into the Carrier Reservation Price, the Non-Carrier Ancillary Services Price, and the Kiwi.com Service Fee is available to you during the Booking Process. The Carrier Reservation Price is further broken up into the price of the Carriage (base fare) and the Carrier Ancillaries.
  • 6.3Prices of Carriage
    • 6.3.1Although we always try to have the most accurate and up-to-date information about the Carrier Reservation Prices, these prices tend to be very volatile and sometimes may even change seconds after you finish your Booking. Therefore, we cannot always guarantee that the price which we offer you in the Booking Process is the price offered at that exact moment by the Carriers.
    • 6.3.2Once you complete the Booking, we subsequently try to order all the Third-Party Services which you have chosen, including the individual Carriages. However, the Carrier Reservation Price for which we manage to purchase those Carriages might change in the meantime and therefore be a little different from the price which was displayed to you in the Booking Process. If there is a reasonable difference (within our discretion) between the price which was displayed to you in the Booking Process and the actual Carrier Reservation Price, Kiwi.com shall complete the Carrier Reservation anyway and the difference shall be added to or deducted from the Kiwi.com Service Fee. In this case, your Booking Price will remain unchanged, and you will not incur any additional costs.
    • 6.3.3Furthermore, even if you choose connecting Carriages offered by a single Carrier (e.g. a return flight), we generally order individual one-way Carriages to each of the destination airports in your Booking. That means that the displayed Carrier Reservation Prices will be a combination of the one-way Carriages as offered by the Carrier and therefore might be in a given instance slightly different from the price of the connecting Carriage offered by the Carrier.
  • 6.4Price Change. As explained in Art. 6.3.1, sometimes, the Carrier Reservation Prices change in the time between your completion of the Booking and our attempt to complete the Carrier Reservations on your behalf. To a certain degree, Kiwi.com shall cover the difference. However, if the price difference exceeds our internally determined ratios, at our full discretion, we reserve the right to request you to pay the difference before purchasing the Carriages or to refund you the Booking Price in accordance with Art. 8.4.
  • 6.5Where these Terms & Conditions define specific prices in EUR, if you select a different currency in the Kiwi.com Platform, the prices shall be converted into your selected currency using recent exchange rates from reliable and widely recognized sources.
• 7.REBOOKING YOUR FLIGHTS
  • 7.1If you have selected the flexible rebooking conditions (Standard & Flexi or equivalent packages) in the Booking Process, you can order our Rebooking Service as defined in this Section below. Otherwise, you can rebook your flight according to the airline’s policies. If your booking includes the Kiwi.com Guarantee, we will help you with the rebooking with the airline.
  • 7.2If you order the Rebooking Service, Kiwi.com shall cancel your original Carrier Reservations and make a new Carrier Reservation on your behalf under the following conditions. You will only be required to pay the difference between the price of your original Carrier Reservation and the new Carrier Reservation. Should the price of the new Carrier Reservation be lower than the original Carrier Reservation, we will make it on your behalf and no additional payment shall be required from you. Kiwi.com shall request a refund for the original canceled Carrier Reservation according to the conditions of the cancellation service under Art. 9.2.3. Kiwi.com will use the refund consisting of 80% of the Carrier Reservation Price to cover the costs of the new flight (should the price of the new Carrier Reservation be less than the refund, Kiwi.com will keep the remainder).
  • 7.3You will have the right to order the Rebooking Service only once. If your Booking includes the flexible rebooking and flexible cancellation conditions, upon ordering the Rebooking Service, you will lose the right to order the cancellation service under the conditions of Art. 9.2.3 and will only have the right to order it under the conditions of Art. 9.2.2 or 9.2.4.
  • 7.4除非另有說明，您可以在行程中第一趟旅程開始前 48 小時內訂購改期服務。如果您在首次出發前不到 6 天購買 Flexi 或同等套裝，則可以在 4 小時前訂購。
• 8.CANCELLATIONS BEFORE WE BOOK THE FLIGHTS
  • 8.1Immediate Cancellation. Kiwi.com may offer you Immediate Cancellation of your non-processed Booking (meaning before confirmation of your Booking according to Art. 4.4). Upon your request, we will verify whether any Third-Party Services have already been ordered. If no Third-Party Services have been ordered, we will confirm your request, cancel your Booking, and promptly refund you the Booking Price in the form of the Kiwi.com Credit reduced by the amount of the Immediate Cancellation fee. In consideration of this service, we are entitled to a fee of 10 % of your Booking Price. That means that in case of an Immediate Cancellation, Kiwi.com shall refund you 90% of the Booking Price.
  • 8.2Your right to cancel the Booking. If we do not confirm your Booking within 24 hours after you completed the Booking (for Bookings completed 48 hours or more before the planned departure), within 8 hours after you completed the Booking (for Bookings completed 24 hours or more, but less than 48 hours, before the planned departure) or within 4 hours after you completed the Booking (for Bookings completed 12 or more, but less than 24 hours, before the planned departure), you may cancel the Booking and we will refund you the Booking Price. In this case, we also reserve the right to contact you and try to find an alternative solution which would satisfy your needs and settle the differences between the original price and the price of the alternative. However, you are not entitled to cancel your Booking if we have already ordered any of the Third-Party Services. If you completed the Booking less than 12 hours before the planned departure, you are not entitled to cancel it. The time periods allotted for confirming the Booking shall be suspended from the moment we request necessary information from you until the time when you have provided all such requested information in full.
  • 8.3Our right to cancel the Booking. Kiwi.com is entitled to cancel the non-processed Booking if we are not able to order the Third-Party Services for reasons outside of our influence, for example if:
    • 8.3.1your payment was deemed fraudulent by our fraud detection service,
    • 8.3.2the price changed for reasons we are not responsible for, e.g. unexpected price change by the Carrier, and you declined to pay the difference,
    • 8.3.3the ticket which you ordered was sold out before we managed to book it,
    • 8.3.4we were unable to book the ticket due to a technical issue on the side of the Carrier or Non-Carrier Ancillary Service Provider,
    • 8.3.5some of the information you provided to us was invalid or missing and therefore it was not possible to finish the reservation with the Carrier or Non-Carrier Ancillary Service Provider,
    • 8.3.6you already made the same order, and our systems detected that the order was a duplicate.
  • 8.4Should the non-processed Booking be canceled under Art. 8.2 or Art. 8.3, we shall return the Booking Price to your original payment method. We reserve the right to offer you Kiwi.com Credit instead of a monetary refund and refund you to the original payment method only after the expiry of this offer or after your choice of the original payment method.
• 9.CANCELLATIONS AFTER WE BOOK THE FLIGHTS
  • 9.1General provisions
    • 9.1.1Representation by Kiwi.com. Upon confirmation of your order of the Refund Handling Service through the Kiwi.com Platform, or via contact with our customer support team, you appoint Kiwi.com as your attorney-in-fact and grant us power of attorney and all powers necessary to represent you in the extent necessary for the recovery of the refund from the Carrier, limited to the pre-trial phase of recovery. If a written power of attorney is required by the Carrier or other involved party, on our request, you are obliged to provide us with such written confirmation in a form set by us. Furthermore, you expressly agree that Kiwi.com is allowed to carry out any and all actions that may be necessary to practically recover the amount in your name (e.g. using the B2C customer contact channels of the Carriers, filing chargebacks, etc.). However, if you wish, you may exercise your rights directly with the Carrier, without the assistance of Kiwi.com.
    • 9.1.2Refunding up to the Booking Price. If the Carrier Reservation Price increases after you complete the Booking but before we manage to complete the Carrier Reservation as described in Art. 6.3.2, the total refundable amount under any of our Refund Handling Services shall be limited by the value of the Booking Price. Should the recovered amount exceed the Booking Price, we will keep the difference as a fee for a Refund Handling Service.
    • 9.1.3Non-refundability of Kiwi.com Service Fee. The Kiwi.com Service Fee is non-refundable and unless expressly stated otherwise, the various refund methods described below are only applicable for the Carrier Reservation Price. The price of Non-Carrier Ancillary Services is refundable based on the terms and conditions of the Non-Carrier Ancillary Service Providers applicable to the selected Non-Carrier Ancillary Services.
  • 9.2Your options if you wish to cancel your flights
    • 9.2.1If you wish to cancel your reserved Carriage for your own reasons and there is no Disruption of the ordered Carriage (e.g. the flight wasn’t canceled), you may do so using the Kiwi.com cancellation services under the below defined conditions.
    • 9.2.2Saver & Standard. If you have selected the basic cancellation conditions (Saver & Standard or equivalent packages), you are entitled to an Assisted Refund Service under which we will, upon your request, cancel Carriages that you select, apply for refunds from the Carriers, and forward you the received refunds. For this service, Kiwi.com shall have the right to a fee in the amount of €30 per person per flight that shall be deducted from the received refunds from the Third-Party Service Providers. Should Kiwi.com receive nothing or less than the fee, it waives the right to the difference between the recovered amount and the fee. Kiwi.com may waive the fee entirely. If we do so, this will be specified during the Booking Process or within the cancellation service offer. The conditions of Art. 9.3.3(b) apply.
    • 9.2.3Flexi.如果您選擇了Flexi機票類型，Kiwi.com有權收取相等於承運人預訂價格20%的費用。這意味著，如果您取消訂票，Kiwi.com 將退還訂票價的 80%。一旦您訂購此項取消服務，Kiwi.com 將預先支付保證金額給您，並在取消承運後，從承運人收取的任何金額中扣除該費用。如果Kiwi.com沒有收到或收到的金額少於費用，則Kiwi.com放棄對收回金額和費用之間差額的權利。請注意，如果您選擇Kiwi.com保證靈活選項，即同時選擇Kiwi.com保證和取消/預訂條件，則適用第19.3條所述條款。
    • 9.2.4No unique Kiwi.com cancellation conditions. If you don’t select any unique Kiwi.com cancellation conditions in the Booking Process, you are entitled to an Assisted Refund Service under which we will, upon your request, cancel the Carriages that you select, apply for refunds from the Carriers, and forward you all received refunds. The conditions of Art. 9.3.3(b) apply.
    • 9.2.5除非另有說明，您可以在行程中首次搭乘交通工具的 48 小時前訂購上述任何取消服務。如果您在首次出發前不到 6 天購買 Flexi 或同等套票，則可以在首次出發前 4 小時內訂購。
    • 9.2.6喪親和醫療退款。如果您因家人或其中一位乘客死亡，或因健康狀況無法旅行而需要取消您的 Carriage，您可以透過我們要求退款。我們會將您的要求轉交給承運商，並將我們從承運商收到的退款或賠償轉交給您。為了處理您的退費請求，您可能需要提供證明文件，例如死亡證明、與死者的關係證明或相關醫療文件。您的退款資格、追討金額和處理時間長短取決於承運商的條款和政策。
  • 9.3Your rights if the Carrier cancels your flights
    • 9.3.1If the Carriage gets canceled by the Carrier, the conditions of the Refund Handling Service available to you shall depend on whether you have the rights under the Disruption Protection or Connection Protection, and whether your Itinerary includes US flights and Section 18 applies.
    • 9.3.2Disruption Treatment Services. If you have any of the Disruption Treatment Services and your Carriage was canceled (or otherwise disrupted), Section 10 applies.
    • 9.3.3Assisted Refund Service (upon application)
      • (a)You also have the option to request the Assisted Refund Service where we, upon your confirmation, cancel the Carriages affected by Disruption, ie. the Carriages that were canceled or rescheduled by the Carriers, and try to recover any available refunds from the Carrier under the conditions as further defined below. The recovered amounts and the lengths of the processing will depend on the terms and policies of the Carrier and relevant laws.
      • (b)Given the fact that the amount, method, and processing time of the refunds always depends on the Carrier, Kiwi.com cannot (and does not) guarantee the outcome and the duration of the refund recovery efforts. There might be cases where you don’t have the right to a refund under the Contract of Carriage or the applicable law. In such a case, we will let you know that the booking is not refundable. We will keep trying to claim the refund for 6 months after your request. If we do not receive any refund or information about non-refundability from the Carrier until then, we will consider it as non-refundable and inform you about the fact. However, you can try claiming the refund with the Carrier yourself, and if we receive any refund after this period, we will still refund you in accordance with the conditions of this Agreement. Third parties processing the refunds might deduct handling fees from the refundable amount.
    • 9.3.4預付退款（Kiwi.com 信用額或您的原始付款方式）。即使您沒有任何我們的中斷處理服務，我們保留向您提供退款處理服務的權利，即在我們收到承運人的任何退款之前，我們向您退還中斷運輸的承運人預訂價格。退款方式將在優惠中指定。選擇預付退款，即表示您將因運輸中斷而產生或與之相關的所有權利、所有權及對承運人的索賠權轉讓給我們，以獲得(i)根據與承運人簽訂的運輸合同或(ii)基於適用法律的任何退款。如果您的車程是單一機票（例如單一 PNR 航班）上單一預訂的一部分，而該車程被取消，則通過選擇預付退款，您授權我們取消該單一預訂中的所有車程。
  • 9.4Other refund services and terms
    • 9.4.1Proactive refund recovery. Generally, we shall not initiate the recovery of any refunds for a canceled Carriage from the Carrier without your prior order of the Refund Handling Service. However, in cases of carrier bankruptcies or liquidity crises a successful recovery of refunds may be endangered. If this situation occurs and we deem that waiting for a confirmation might cause our inability to recover the refund later, we will initiate the recovery of a refund using any method at our disposal.
    • 9.4.2替代付款方式。如果您有權根據本協議獲得金錢退款，但我們無法將款項退回到您用來支付給我們的付款方式（例如，由於使用的付款方式不再接受退款），我們將向您發送要求填寫替代退款方式的請求。除非您在要求中指定的期限內作出回應，否則我們保留以 Kiwi.com Credit 向您退還等值金額的權利。如果您要求銀行轉帳，無論您原始付款方式的貨幣為何，銀行轉帳都將以歐元進行，最終的兌換將由您的銀行處理。但是，對於某些支援的貨幣，轉帳將以該貨幣進行。
    • 9.4.3Costs of lost chargebacks. In case you try to recover any amount you paid to us through the chargeback system with your bank, and you subsequently lose the chargeback, i.e. your chargeback request gets denied, we shall have the right to reimbursement of the costs that we incurred in relation to the proceeding up to €20. Any such amount will be set off against any amount payable to you.
    • 9.4.4未搭乘退款。如果您未搭乘您的預訂中未經承運商取消或您取消的運輸，您在此授權並指示我們代表您向相關承運商請求並收取特定運輸的任何退款（包括任何機場稅、地方稅或構成該票價一部分的附加費的退款），其程度與第 9.1.1 條中定義的類似。因為我們希望確保您可以在需要時自行申請這些退款，此授權僅在您的預訂確認日期起 10 個月後生效。您在此同意，對於這些未搭乘退款的處理，我們將對每次運輸收取 59 歐元的費用。此費用將從承運商收回的金額中抵銷。如果費用超過收回的總金額，我們將免除超出的金額。
    • 9.4.5Unsolicited refunds. If we receive a monetary refund for any of your Carriages from the Carrier, even if you did not order any Refund Handling Service, we reserve the right to offer you Kiwi.com Credit in accordance with Art. 12.8.
    • 9.4.6Unpaid Bookings. If we order Third-Party Services on your behalf and later find out that your payment was not credited to our account, we will request you to pay the Booking Price. If you do not pay the Booking Price within the specified time limit, we are entitled to cancel the Booking and the Third-Party Services and retain any potential refund received from the Third-Party as compensation for our costs.
• 10.DISRUPTION TREATMENT SERVICES
  • 10.1DISRUPTION PROTECTION
    • 10.1.1With Disruption Protection, in case of a Disruption, you will have the right to select between the Assisted Refund Service as defined in Art. 9.3.3, and the option to receive instant Kiwi.com Credit as defined below. However, the Kiwi.com Credit amount will never be less than the Carrier Reservation Price of the disrupted (e.g. canceled, delayed or rescheduled) Carriage.
      • (a)If we learn about the Disruption less than 5 hours before the departure of the first Carriage, you will have the right to Kiwi.com Credit equal to the price of the Alternative Carriage with the closest arrival date and time to the original schedule available through Kiwi.com at the time we learn about the Disruption.
      • (b)如果我們在您的虛擬轉機行程中，第一趟航班出發前 5 小時或更早得知航班中斷，您將有權獲得 Kiwi.com 點數，其金額等同於我們得知航班中斷時，Kiwi.com 上可供選擇的替代航班中，最接近原定時間的航班價格，最高不超過預訂過程中向您顯示的承運商預訂價格。
      • (c)如果我們在您的非虛擬轉機行程中，第一趟航班出發前 5 小時或更早得知航班中斷，您將有權獲得在預訂過程中向您顯示的承運商預訂價格金額的 Kiwi.com 點數。
    • 10.1.2透過選擇即時 Kiwi.com 點數，您將因中斷的運送而產生或與之相關的任何退款 (i) 根據與承運商的運送合約或 (ii) 根據適用法律，將您對承運商的所有權利、所有權和索賠轉讓給我們。如果您的運送（屬於單一機票（例如單一 PNR 航班）上發出的單一預訂的一部分）中斷，透過選擇即時 Kiwi.com 點數，您即授權我們取消此單一預訂中的所有運送。
    • 10.1.3如果您接受替代航班或直接向承運商申請退款，您將不符合獲得即時 Kiwi.com 點數的資格。接受即時 Kiwi.com 點數並同時接受承運商的安排可能會導致 Kiwi.com 點數失效和沒收，或者可能導致已接受的替代航班被取消。
  • 10.2CONNECTION PROTECTION
    • 10.2.1With Connection Protection, in case of a Disruption, you will have the right to select between the Assisted Refund Service as defined in Art. 9.3.3, and the option to receive instant Kiwi.com Credit as defined below. However, the Kiwi.com Credit amount will never be less than the Carrier Reservation Price of the disrupted (e.g. canceled, delayed or rescheduled) Carriages.
      • (a)If we learn about the Disruption after the departure of the first Carriage, you will have the right to Kiwi.com Credit equal to the price of the cheapest Alternative Carriage with the arrival time within 24 hours from the original schedule available through Kiwi.com at the time we learn about the Disruption. If there is no available Alternative Carriage within 24 hours, the 24-hours period will be extended to 48 hours.
      • (b)如果我們在第一趟旅程出發前或出發時得知旅程中斷，您將有權獲得根據第 10.2.1 (a) 條計算的 Kiwi.com 點數，最高可達預訂過程中向您顯示的承運商預訂價格。
    • 10.2.2By selecting the instant Kiwi.com Credit, you assign to us all your rights, titles and claims against the Carrier arising from or related to the canceled Carriage for any refund (i) under the Contract of Carriage with the Carrier or (ii) based on the applicable law.
    • 10.2.3如果您接受替代航班或直接向承運商索取退款，您將不符合獲得即時 Kiwi.com 點數的資格。接受即時 Kiwi.com 點數並同時接受承運商的安排可能會導致 Kiwi.com 點數失效和被沒收，或者可能導致已接受的替代航班被取消。
    • 10.2.4如果由於我們根據第 10.2.1 (b) 條的即時 Kiwi.com 點數金額所依據的替代運輸，而需要住宿一晚或多晚，並且您透過我們發送給您的連結預訂住宿並支付費用，我們將退還您已告知的費用金額。
  • 10.3TRANSFER PROTECTION
    • 10.3.1如果中斷在行程中首次運送出發前不到 1 小時，由客戶、承運人告知我們，或由我們以其他方式發現，我們將根據第 10.3 條中進一步規定的條件提供有限保護（就本第 10.3 條而言，為「轉機保護」）。轉機保護不適用於由承運人作為單一預訂的一部分在單一機票上發行的運送（例如單一 PNR 航班）組成的預訂。
    • 10.3.2根據轉乘保障，您有權選擇替代交通工具或協助退款服務（由我們選擇）：
      • (a)協助退款服務。確認此選項即表示您根據第 9.3.3 條的規定訂購了退款處理服務。這表示我們將代表您向承運商申請退款，並在收到退款後，根據這些條款與條件中概述的條款將其發送給您。
      • (b)替代運輸的安排。一旦我們得知中斷，我們將嘗試尋找替代運輸。在您確認此選項並（如果需要）支付差價（詳情如下）後，我們將著手訂購這些替代運輸。第 4 節的條件應相應適用。對於替代運輸的安排，我們可能會在以下條件下向您收取額外費用：
        • (i)如果替代交通的承運商預訂價格等於或低於您原始行程中交通的承運商預訂價格，我們將免費將替代交通新增至您的預訂。
        • (ii)如果替代運送的承運商預訂價格超過您原始行程中運送的承運商預訂價格，我們將向您提供將此替代運送新增至您的預訂，並收取兩者價格差額的額外費用。
    • 10.3.3確認替代交通後，您即授權我們取消行程中被取代的交通，並將您因中斷行程而產生或與之相關的所有退款權利、所有權和索賠轉讓給我們。
    • 10.3.4Limitation to the Transfer Protection. You will lose your rights under the Transfer Protection if you do not comply with any of the following rules:
      • (a)you have to contact us by telephone or let us know via the designated self-support feature of our Platform, as soon as possible after you find out about the disruption, but no later than 24 hours after the original time of the departure of the Carriage affected by the Disruption,
      • (b)you have to respond to our offer as soon as possible, but no later than 24 hours after this offer is communicated to you,
      • (c)if it is requested from you by Kiwi.com, you need to submit any receipts which you seek reimbursement for within 14 days after the original time of the departure of the Carriage affected by the Disruption.
  • 10.4ASSIGNMENT OF YOUR RIGHTS – READ CAREFULLY
    • 10.4.1在確認本第 10 節項下任何中斷處理服務的任何選項（協助退款服務選項除外）後，您將您在相應預訂中因這些運輸中的任何中斷而產生的對承運人的權利、所有權和索賠轉讓給 Kiwi.com，以根據您的運輸合約、一般合約法或根據適用的成文法（例如第 261/2004 號條例 (EC)）（為第 10.4 條「中斷索賠」之目的）退還承運人預訂價格，如第 10.1.2、10.2.2 和 10.3.3 條所規定。此外，您同意向我們提供所有合理必要的協助以追回此類退款。
    • 10.4.2For the avoidance of doubt, the Disruption Claims shall always include only the claims to a refund of the Carrier Reservation Price and not any other possible claims, such as the compensations under Art. 7 of the Regulation (EC) No. 261/2004.
    • 10.4.3You agree to provide all reasonably requested authorizations, documentation, and assistance in order to enable us, or our authorized subcontractors, to enforce, challenge, or otherwise process the Disruption Claims.
  • 10.5LIMITATIONS OF DISRUPTION TREATMENT SERVICES Under certain conditions, your rights under the Disruption Treatment Services defined in this Section 10 shall be limited or completely inapplicable. PLEASE READ THIS SECTION CAREFULLY.
    • 10.5.1Excluded scenarios. Kiwi.com shall not be obligated to provide any fulfillment under this Section 10 in cases where the Disruptions are caused by extraordinary circumstances affecting the third parties involved in the completion of the Carriages. Such circumstances may, in particular, be strikes that affect the operation of a Carrier or an airport, significant limitations of airport(s), bus, and train station(s) and/or operations of other places of transition, as well as bankruptcy, and/or insolvency or termination of 50% or more of all Carriages of the Carrier or any other effect which significantly limits or disables the Carrier to provide its services. Unless specifically agreed otherwise, in these cases, we shall have no obligations to provide you with any of the fulfillments described under this Section 10 and you shall not have the right to any of the rights defined therein. However, please note that your rights against Carriers (if any) might not be affected.
    • 10.5.2Visa or Travel Document issues. Kiwi.com shall not be obligated to provide any fulfillment under this Section 10 in case of a Disruption arising from or related to your failure to ensure that you have all the correct and adequate passport documentation with sufficient validity to cover your entire Itinerary, visas or other entrance requirements, or other travel documents required by any Carriers or authorities of the country of your departure, your destination country, and any countries through which you are transiting through and whose laws apply to you.
    • 10.5.3Changes to your Reservations of Carriages. If you make any changes to the reservation of your Carriages directly with the respective Carriers without obtaining prior agreement from Kiwi.com which a) change the schedule of any Carriages in your Booking, b) change customer contact details or c) add a checked bag to a No-Checked-Bag Itinerary (see Art. 13.4), you will lose your rights under this Section 10.
  • 10.6JOINT PROVISIONS FOR ALL DISRUPTION TREATMENT SERVICES
    • 10.6.1Additional fulfillments. Kiwi.com reserves the right to offer you additional fulfillments under any of the Disruption Treatment Services at its sole discretion. In such a case, Kiwi.com shall make it clear that these additional options are offered as a fulfillment under any of the Disruption Treatment Services. For any such offers, the conditions of this Section 10 shall apply.
    • 10.6.2Presentation and expiration of offers. The individual options described above are going to be presented to you through the Kiwi.com Platform or by our staff via our customer support communication channels. The choice might be time-limited and in case of expiration of the reasonable time period indicated by Kiwi.com in the offer, you will lose the right to the fulfillments under this Section 10.
• 11.CUSTOMER SUPPORT SERVICES
  • 11.1Kiwi.com generally provides you with digital tools via the Kiwi.com Platform which allows you to solve various issues which you might face in relation to your Booking. However, we understand that these tools might not always present the right solution for you, or that you might just prefer contact with a live agent. For such cases, we provide text and voice channels to raise questions or requests with our customer support team.
  • 11.2在預訂過程中，您可以選擇我們客戶支援服務的等級。基本服務是預設提供的，已包含在 Kiwi.com 服務費中。Plus 和 Premium 服務在購買時提供，但需在預訂過程中指定額外費用。
  • 11.3You will have the option to contact our customer support via the respective features of the Kiwi.com Platforms, and via phone under the conditions described within the Kiwi.com Platforms.
• 12.KIWI.COM CREDIT & PROMOTIONAL DISCOUNTS
  • 12.1The Kiwi.com Credit shall be accredited to you in cases defined by this Agreement or under an agreement concluded between you and us in a specific case. In some circumstances, solely within the discretion of Kiwi.com, Kiwi.com Credit might also be accredited to you by the unilateral choice of Kiwi.com. In case you have the right to the Kiwi.com Credit under the Agreement, we shall accredit it to you without undue delay after we assess that your right to it is given. We reserve the right to remove Kiwi.com Credit which was accredited to you by a mistake, or without fulfillment of the contractual or other conditions that would give you the right to the Kiwi.com Credit.
  • 12.2Please note that the Kiwi.com Credit is inseparable from your Kiwi.com Account. The information about the Kiwi.com Credit at your disposal is accessible via the relevant sections of the Kiwi.com Platform. Your email address provided by you in relation to this Booking is interconnected with your credit account, and necessary for signing into the section of the Kiwi.com Platform.
  • 12.3如果Kiwi.com信用額被認可與您的預訂相關，則應以原始預訂的貨幣計算。否則，Kiwi.com 有權選擇 Kiwi.com 信用額度的貨幣。Kiwi.com Credit 的貨幣不可兌換。多種貨幣的Kiwi.com信用額可存入您的Kiwi.com賬戶。
  • 12.4You may use your unexpired valid Kiwi.com Credit available in your Kiwi.com Account as the non-monetary payment method to pay for the Bookings and other Kiwi.com Services. In case of such payment, the value of your Kiwi.com Credit shall be deducted from the price up to its full amount. Once the given value of Kiwi.com Credit is used as a payment method for Kiwi.com Services, it loses its validity and cannot be used again.
  • 12.5The use of the Kiwi.com Credit shall be subject to the following conditions:
    • 12.5.1It can only be used for payments within the Kiwi.com Platforms;
    • 12.5.2You must be registered and signed in to the Kiwi.com Account in relation to which you were accredited by the particular Kiwi.com Credit;
    • 12.5.3You must opt for the use of the Kiwi.com Credit on the payment step (if and as available for that particular payment);
    • 12.5.4For a single payment, only Kiwi.com Credit denominated in one currency may be used (as per your selection). We reserve the right to enable you to combine the Kiwi.com Credit of multiple currencies to pay for a single Booking – in such case, the Kiwi.com Credit denominated in a different currency than the currency of the purchased Booking shall be converted using predefined up-to-date exchange rates (you will be informed about the rates before the final confirmation of your payment);
    • 12.5.5The currency in which the price is denominated shall be automatically changed in order to correspond to the currency of the Kiwi.com Credit which you select;
    • 12.5.6If the value of the Kiwi.com Credit available in your Kiwi.com Account is not sufficient to cover the whole price to be paid, you must pay the difference using any other payment method supported by us for such purpose, as available (note: the alternative payment methods such as PayPal, Sofort or China Union Pay are not combinable with the Kiwi.com Credit).
  • 12.6Restrictions of the Kiwi.com Credit.
    • 12.6.1The Kiwi.com Credit is valid for 24 months after it has been accredited. Once the validity of the Kiwi.com Credit expires, it shall be forfeited permanently.
    • 12.6.2The Kiwi.com Credit may be used solely as defined in the Agreement and may not be sold, bartered, exchanged, or otherwise transferred to any third party without the prior consent of Kiwi.com.
    • 12.6.3Kiwi.com Credit is not refundable, convertible to money, or any other performance unless stated expressly in this Agreement (Art. 12.8).
    • 12.6.4Unless expressly agreed by Kiwi.com, with an exception for purchase of Kiwi.com Services in the context of legitimate use in business operations, it is prohibited to use Kiwi.com Credit for any commercial activity for you or any third party.
  • 12.7Without prejudice to other legal claims available to us, wilful misuse of Kiwi.com Credit for your commercial activities, or in a fraudulent manner may result in invalidation and permanent forfeiture of all your Kiwi.com Credit without prior notice or any compensation.
  • 12.8Refunds in Kiwi.com Credit
    • 12.8.1In case of any monetary payment to which you would have the right under this Agreement based on your order of any type of the Refund Handling Service Kiwi.com shall have the right to offer you a choice between a refund via your original payment method or Kiwi.com Credit of an equivalent or higher value and the equivalent currency. The offer may also be time-limited. In such a case, you agree that upon expiry of the offer, Kiwi.com may give you the refund in Kiwi.com Credit. In that case, you will continue to have the option to exchange the received Kiwi.com Credit for a monetary refund by contacting our customer support team until you use any of the awarded Kiwi.com Credit or until it expires.
    • 12.8.2Where you paid with the Kiwi.com Credit, you will be refunded in the Kiwi.com Credit of the equivalent value and currency.
  • 12.9Promotional Discounts
    • 12.9.1These terms apply to promotional discounts offered by Kiwi.com in the form of special codes that can be applied during the Booking Process. These discounts are typically promoted as "Promo Codes" or "Vouchers" (collectively referred to as “Promotional Discounts” for the purposes of this Article).
    • 12.9.2The conditions outlined in Art. 12.1 - 12.7, with the exception of Art. 12.6.1 (which defines the expiration period of Kiwi.com Credit), shall apply appropriately to Promotional Discounts as well.
    • 12.9.3You can combine Promotional Discounts with Kiwi.com Credit, but you can only use one Promotional Discount per Booking. Once a Promotional Discount is used, you won’t be able to use it again.
    • 12.9.4Promotional Discounts are non-refundable, non-transferable and non-redeemable for cash or Kiwi.com Credit.
    • 12.9.5The expiration period of Promotional Discounts is set for each one individually and you can find it in your Kiwi.com Account.
• 13.SMART TICKETS (HIDDEN CITY & THROWAWAY TICKET)
  • 13.1Sometimes, under the pricing policies of the Carriers, a return Carriage may be cheaper than a one-way Carriage, or a connecting Carriage through a certain destination may be cheaper than a direct Carriage to that destination. You may use those policies to your benefit and travel for a cheaper price. The purchase of Carriages where you intend to finish your trip at a place that is not the last airport on the itinerary (Hidden City), or the purchase of a return Carriage intended to be used only on the outbound portion (Throwaway Ticket) is what we call for the purpose of this section a "Smart Ticket".
  • 13.2Sometimes we may come across such instances and offer you the option to add Smart Tickets into your Booking through the Kiwi.com Platform. Where we do so will be made clear to you through a clear label and explanation. You should be aware that certain Carriers seek to prevent this practice, and impose restrictions and measures in their Contracts of Carriage concerning Smart Tickets. If you intend to purchase a Smart Ticket, we recommend that you check the Contracts of Carriage of your chosen Carriers before you complete the Booking.
  • 13.3If you ever find yourself in a situation where a legal claim is brought against you by a Carrier in relation to the Smart Tickets in your Booking due to the alleged breach of the Carrier’s contractual clauses, let us know and we will try to offer you assistance. Such assistance may be e.g. reimbursement of the costs of your legal expenses, assistance in the legal proceeding, or reimbursement of the amount claimed by the Carrier. Provision of any such assistance is entirely at our discretion and we will decide based on the individual circumstances of your case. Furthermore, a prerequisite to any assistance under this Article is your full cooperation and timely provision of all required information.
  • 13.4No-Checked-Bag Itinerary. Sometimes, we also offer special Itineraries with limited possibility to include a checked bag due to short layover times or other such limitations. This is communicated to you before you make the Booking. For No-Checked-Bag Itineraries, it is not possible to add checked luggage through the Kiwi.com Services, and you should not try to add them directly with the Carriers. If you do, we are not responsible for any financial or other obligations which might arise from you not being able to board your Carriages, or you losing your luggage.
• 14.REPRESENTATION AND LIMITED WARRANTY
  • 14.1We represent and warrant to you, that we shall provide the Kiwi.com Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services, and shall devote adequate resources to meet our obligations under the Agreement.
  • 14.2In cases of our defective performance, you shall file a complaint using our customer support without undue delay and in any case within 6 months, and you can request:
    • 14.2.1in case of the rectifiable defect a reasonable discount from the price or rectification of the defect, or
    • 14.2.2in case of the non-rectifiable defect and material breach of contract a reasonable discount from the price or withdrawal from the Agreement.

    Complaints must be resolved within 30 days.

  • 14.3PLEASE NOTE THAT WE RESERVE THE RIGHT TO PROVIDE YOU (UNDER OUR SOLE AND EXCLUSIVE DISCRETION) WITH MORE FAVORABLE TERMS AND CONDITIONS OF THE KIWI.COM SERVICES OR ANY OTHER SERVICES PROVIDED UNDER THE AGREEMENT THAN THOSE WE ARE OBLIGED TO FOLLOW HEREUNDER. WE MAY DO SO ON AN INDIVIDUAL BASIS OR WITHIN ANY TIME- AND/OR TERRITORY-LIMITED CAMPAIGN, BUT ALWAYS WITHOUT ANY PREJUDICE TO THE FUTURE TREATMENT OF YOU OR ANY OTHER OF OUR CUSTOMERS, OR WITHOUT ESTABLISHING THE BINDING PRACTICE PREVAILING THE RULES SET FORTH HEREIN. AT ANY TIME WE MAY CEASE TO PROVIDE OR MODIFY SUCH BENEFICIAL TREATMENT UNDER OUR SOLE AND EXCLUSIVE DISCRETION, NEVERTHELESS, WITHOUT AFFECTING THE BENEFITS ALREADY PROVIDED.
  • 14.4Disclaimer of liability
    • 14.4.1We are not liable for any damage, harm, or loss arising from or related to:
      • (a)any actions or omissions of the Carriers or other third parties in connection with the Carriages. Nor are we liable for any damage, harm, or loss arising out of your actions or omissions that are contrary to this Agreement or the Contracts of Carriage concluded between you and the Carriers,
      • (b)any changes that you make to your Carrier Reservations without prior consultation with Kiwi.com.
• 15.DISPUTE RESOLUTION
  • 15.1Amicable 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: www.kiwi.com/en/help/contact/ first to resolve any of your complaints or suggestions.
  • 15.2Jurisdiction for disputes with Kiwi.com s.r.o. 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 Kiwi.com s.r.o.
  • 15.3Dispute resolution for EU consumers
    • 15.3.1All 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/).
    • 15.3.2如果您是消費者且您的慣常居所位於歐盟，您可以向捷克共和國或您的居住國提出索賠，以執行您在協議中的消費者保護權利，且訴訟只能在您居住國的法院對您提起。
  • 15.4US dispute resolution — mandatory arbitration if you live in the United States and contract under this Agreement with Kiwi.com, Inc. THIS ARTICLE (THE “ARBITRATION AGREEMENT”) APPLIES TO YOU ONLY IF YOU LIVE IN THE UNITED STATES AND HAVE CONTRACTED WITH KIWI.COM, INC. UNDER THE TERMS OF THIS AGREEMENT. PLEASE READ THIS ARTICLE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
    The following provisions are important with respect to the agreement between you and Kiwi.com, Inc. regarding the Kiwi.com Platform pursuant to this Agreement. Subject to the provisions below, including exceptions set forth in this Article 15.4, you and Kiwi.com, Inc. agree to arbitrate any disputes, claims, or controversies arising out of or relating to this Agreement and/or your use of the Kiwi.com Platform (for the purpose of this Article individually a “Dispute,” or more than one, “Disputes”).
    • 15.4.1Initial Dispute Resolution. Most Disputes between you and Kiwi.com, Inc. can be resolved informally. You and we agree to present all Disputes in good faith to one another, giving each party enough time to evaluate the claim and respond accordingly, before commencing any arbitration or court proceedings, as permitted herein. You and we agree that all Disputes may be resolved within 60 days of the party that claims there is a Dispute giving notice to the other party, and Disputes that are not resolved within that timeframe can be resolved as described below before either party can initiate arbitration regarding any Dispute.
    • 15.4.2BINDING ARBITRATION.
      • (a)Scope of Arbitration Agreement
        The parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (for the purpose of this Article 15.4, the “FAA”) will govern its interpretation and enforcement.
        The parties agree that after completing the informal dispute resolution process in Article 15.4.1, any remaining Disputes can be resolved through binding individual arbitration, rather than by a court of law, except as otherwise provided below. If the parties’ Dispute involves some arbitrable claims and some non-arbitrable claims, all non-arbitrable claims must be stayed until completion of the arbitration. This Arbitration Agreement shall apply to all Disputes, including those that arose or were asserted before the effective date of this Arbitration Agreement. By agreeing to this Arbitration Agreement, you and Kiwi.com, Inc. expressly agree not to initiate or participate in any existing or future class, collective or representative actions against the other, as set forth in Article 15.4.2. (d).
        Notwithstanding any other provision in this Agreement, this Arbitration Agreement will not require arbitration of the following types of claims: (a) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction, (b) injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s confidentiality rights or copyrights, trademarks, trade secrets, patents or other intellectual property rights (which, to be clear, does not include matters regarding a customer’s personal data), and (c) claims not subject to arbitration as a matter of generally applicable law, after accounting for FAA preemption. Additionally, to the extent a Dispute seeks public injunctive relief that is found to be a cognizable claim, such Dispute must be resolved by a court of law, and stayed pending the resolution of the arbitration of any related Dispute.
        To the extent the parties are permitted under this Arbitration Agreement to have a Dispute resolved by a court of law rather than in arbitration, you and Kiwi.com agree that such Disputes shall be litigated exclusively in state or federal courts in Miami-Dade County, Florida. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such disputes. This shall not apply to Disputes that are within the scope of a small claims court or action.
      • (b)Arbitration Rules and Forum
        The arbitration will be conducted exclusively through the American Arbitration Association (“AAA”) through a single mutually agreed upon arbitrator, in accordance with the provisions of the AAA’s Consumer Arbitration Rules, available at www.adr.org.
        To start an arbitration, you can get submission instructions at: https://adr.org/Support. Kiwi.com, Inc. will pay filing fees up to the extent required and as defined in the AAA Consumer Arbitration Rules, but in no greater amounts other than sort forth therein. If, however, the arbitrator determines that claims were filed for the purposes of harassment or were patently frivolous, the arbitrator can reallocate the arbitrator’s compensation and administrative fees, including the filing and hearing fees, as set forth in the AAA Consumer Arbitration Rules. The arbitration rules also permit you to recover attorneys’ fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
        Arbitration will take place on a documents-only basis or you can choose to conduct the proceedings by telephone, video, or in-person. For in-person arbitration, the proceedings will be in the city or county where you reside.
      • (c)Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute, including, but not limited to, any claim that all or any part of this Agreement is void or voidable, or whether a Dispute is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, provided that such relief (including injunctive relief) is limited to your individual circumstances. Notwithstanding the requirements of this arbitration provision, if the Dispute involves a claim for public injunctive relief, you may choose to sever that claim from the arbitration proceeding and bring it in any court of proper jurisdiction. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
      • (d)Waiver of Jury Trial. You and Kiwi.com, Inc. waive any rights to sue in court and receive a judge or jury trial, except as otherwise specified in this Arbitration Agreement.
      • (e)Waiver of Consolidated Actions. You and Kiwi.com, Inc. agree to waive any right to have Disputes decided on a class, collective or representative basis, except as set forth in this Article 15.4 (“Class Action Waiver”). In any case in which (1) Disputes are filed as a class, collective, or representative action and (2) a civil court of competent jurisdiction finds all or part of the Class Action Waiver unenforceable, the class, collective, and/or representative action must be litigated in a civil court of competent jurisdiction. This provision does not prevent you or Kiwi.com, Inc. from participating in a settlement on a class-wide, collective, or representative basis. Unless you and we both agree in writing, the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding.
      • (f)ONE YEAR LIMITATION PERIOD / LIMITATION ON LEGAL ACTION. YOU AND KIWI.COM, INC. AGREE THAT YOU MUST INITIATE ANY PROCEEDING OR ACTION AGAINST KIWI.COM, INC. WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE THAT IS ARISING OUT OF OR RELATED TO THIS AGREEMENT. OTHERWISE, YOU FOREVER WAIVE THE RIGHT TO PURSUE ANY CLAIM OR CAUSE OF ACTION, OF ANY KIND OR CHARACTER, BASED ON SUCH EVENTS OR FACTS, AND SUCH CLAIM(S) OR CAUSE(S) OF ACTION ARE PERMANENTLY BARRED.
      • (g)Severability. If it is determined that any part of this Arbitration Agreement cannot be enforced as to a particular claim for relief or remedy (such as injunctive relief), then that claim or remedy (and only that claim or remedy) shall be severed and must be brought in a court of proper jurisdiction and any other claims must be arbitrated.
      • (h)Opt-Out. YOU MAY CHOOSE TO OPT OUT OF ARBITRATION AND PURSUE YOUR CLAIM(S) IN COURT BY NOTIFYING US OF YOUR INTENT TO DO SO WITHIN 30 DAYS FROM THE DATE YOU AND WE CONCLUDED THE AGREEMENT (the "Opt-Out Deadline"). You may opt out of these arbitration procedures by sending an email with your name, booking number, and travel dates via email to [email protected]. IF YOU WISH TO DO SO, YOU MUST OPT OUT OF ARBITRATION FOR EACH BOOKING MADE WITH US. If you do not inform us of your intent to opt out in the manner described above by the “Opt-Out Deadline", you will be unable to pursue the claims against us in court.
      • (i)Choice of Law. To the extent state substantive law applies to any Dispute, the law of the State of Florida shall apply, without regard to conflict of law provisions.
      • (j)Survival. This Arbitration Agreement survives the end of the relationship between you and Kiwi.com, Inc., including cancellation of or unsubscribing from any services provided by Kiwi.com, Inc.
• 16.GENERAL PROVISIONS
  • 16.1Exclusion of the 14-Day Withdrawal Period. Given the character and nature of the Kiwi.com Services, you shall not have the right to withdraw from the Agreement within a 14-day period after its conclusion, or at any time thereafter, even if you are a consumer residing in an EU member state. The directive 2011/83/EU on consumer rights granting the right to withdraw from the contract to consumers is not applicable to the Agreement under the exception provided by the Art. 3.3.(k) of the directive 2011/83/EU on consumer rights. Also, we will start providing Kiwi.com Services immediately after completion of your Booking, i.e. before the expiration of the 14-day withdrawal period according to directive 2011/83/EU on consumer rights and your completion of the Booking will be considered as your request for, and the explicit consent to the immediate provision of the Kiwi.com Services.
  • 16.2Visas and other entrance requirements. We are under no obligation to advise you to obtain visas or other entrance requirements, nor assist you in obtaining them, or obtain them for you to the destinations that you will visit and/or pass through during your Carriages. However, we do generally advise you that some of the destinations may require a visa or another entrance requirement, and that it is your responsibility to obtain them early enough, and at your own expense. Please note that when using our services, you might be required to obtain transit visas or other entrance requirements even in order to check-in for the connecting Carriages .
  • 16.3Severability. If any of the provisions of the 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. To the extent permitted and possible, the invalid or ineffective provision shall be deemed replaced by a provision that is valid and effective and that comes closest to expressing the intention of such invalid or ineffective provision.
  • 16.4Governing Law. The 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. If you are a consumer, you additionally enjoy the standard of protection afforded to you by mandatory provisions of the law of your country of residence.
  • 16.5Force majeure. You nor we shall be liable for any failure to fulfil the duties and obligations in terms of this Agreement where such failure is caused by any circumstance or condition beyond respective party reasonable control, the occurrence of which could not have been reasonably foreseen and which, despite the exercise of diligent efforts could not have been prevented, limited or minimised (including but not limited to acts of God, natural disasters, epidemics, wars, civil conflicts, protests, riots, blackouts, strikes, any governmental or regulatory action, outage or restrictions of supplies of goods or services, restrictive travel orders and recommendations).
  • 16.6Fraudulent Transactions. To ensure the high standard of our services and to protect our business against fraudulent transactions, we reserve the right to:
    • 16.6.1perform verification of the payment methods used to pay for Kiwi.com Services to detect potential frauds (incl. by using external fraud prevention solutions) and suspend the provision of any ordered Kiwi.com Services until the payment is verified, in which event your funds will be blocked at your bank until the issue is resolved, and
    • 16.6.2cancel any ordered Third-Party Services based on Bookings that were paid for via fraudulent payment or the Kiwi.com Credit in a way that would give us the right to invalidate them under the Art. 12.7, request any available refunds from the Third-Party Service Providers, and use them to recover the losses incurred by Kiwi.com in relation to the fraudulent transaction.
  • 16.7Seller of Travel. Kiwi.com, Inc. is registered with the:
    • 16.7.1State of California as a Seller of Travel, Registration Number CST 2130807. California law requires certain sellers of travel to have a trust account or bond. Kiwi.com, Inc. has a trust account.
    • 16.7.2State of Washington as a Seller of Travel, Registration Number 604456736 001 0001.
    • 16.7.3State of Iowa as a Seller of Travel.
    • 16.7.4State of Florida as a Seller of Travel, Registration Number ST 42135.
• 17.SPECIAL CONDITIONS FOR BOOKINGS WITH SPECIFIC CARRIERS
  • 17.1Ryanair
    • 17.1.1When your Itinerary includes Carriages provided by Ryanair, the following applies:
      • (a)Application of Section 5 (Booking management) and Section 11 (Customer support) is limited, because unless specifically indicated during the Booking Process, the Reservations of Carriages with Ryanair must be managed directly with Ryanair.
      • (b)Ryanair’s conditions of rebooking and cancellations take precedence over Section 7, 8 and 9 of these Terms & Conditions. If your Carriage with Ryanair is cancelled or is subject to a major change, you can request a refund through Kiwi.com. Kiwi.com will refund you the Ryanair Carrier Reservation Price within 7 days and then request the respective refund from Ryanair.
      • (c)Application of Art. 4.4 is limited, because if your Booking includes only flights provided by Ryanair, we will not send you a Booking confirmation email. Your Booking will be confirmed by Ryanair directly.
      • (d)因任何原因取消。如果您已購買因任何原因取消服務，Kiwi.com 將應您的要求，預先支付您 100% 的承運商預訂價格。Kiwi.com 有權取消您的所有行程，並且您將您因行程（已要求取消服務）而產生或與之相關的所有權利、所有權和索賠轉讓給我們，以獲得任何退款。
      • (e)Kiwi.com 優惠與中斷時的即時補償。 如果您的Kiwi.com優惠預訂只包括瑞安直飛航班，而您的航班取消或延誤超過5小時，您將有權獲得以下定義的即時補償。
        • (i)如果我們在第一節運輸開始前 5 小時內得知運輸中斷，您將有權獲得相等於我們得知運輸中斷時 Kiwi.com 提供的到達時間最接近原定時間表的替代運輸價格的金額。如果我們在第一次運載出發前 5 小時或更早得知運載中斷，您將有權獲得相等於預訂過程中向您顯示的承運人預訂價格的金額。該金額絕不會低於中斷（如取消、延遲或改期）運輸的承運人預定價格。
        • (ii)如果您使用 Visa 或 MasterCard 支付訂房費用，我們會立即將補償金發送到您的卡上。如果您使用其他付款方式，我們無法為您提供即時的金錢補償，因此，我們將向您的Kiwi.com帳戶發送Kiwi.com點數。
        • (iii)選擇即時賠償選項，即表示您將所有因承運中斷而產生或與之相關的權利、所有權及對承運人的索賠權轉讓給我們，以獲得 (i) 根據與承運人簽訂的承運合約或 (ii) 基於適用法律的任何退款。
        • (iv)如果您直接接受承運人提供的替代航班，則無資格獲得即時賠償。在承運人的安排下接受Kiwi.com即時信用額可能會導致Kiwi.com信用額無效和被沒收。
  • 17.2Carriers whose official ticket conditions are offered on Kiwi.com Platform
    • 17.2.1Usually, we offer the exclusive Kiwi.com ticket conditions. However, for certain carriers, we may offer their official ticket conditions, which include rebooking and cancellation policies, instead. In such cases, the applicable Carrier’s ticket conditions will take precedence over Sections 7 and 9 of these Terms & Conditions. If we offer these official Carrier ticket conditions, it will be communicated to you during the Booking Process.
• 18.SPECIAL REFUND RULES FOR US FLIGHTS
  • 18.1Applicability. The conditions described in this section apply to the following Itineraries:
    • 18.1.1US domestic flights as well as any other flight with origin or destination in the US, and
    • 18.1.2
      US domestic Virtual Interlining Itineraries as well as Virtual Interlining Itineraries with origin or destination of at least one flight of the Itinerary in the US, unless there is a stop-over longer than 24 hours.
      
      

      Applicability	Example
      Fully applicable	Significant change of any flight: Oslo - London (less than 24 hours) - New York
      Partially applicable (green)	Significant change of flight Houston - Barcelona: Houston - Barcelona (more than 24 hours) - Amsterdam
      Partially applicable (green)	Significant change of flight Houston - New York: Houston - New York (less than 24 hours) - Miami 7 nights in Miami Miami - New York - Houston
      Not applicable	Significant change of flight Barcelona - Amsterdam: Houston - Barcelona (more than 24 hours) - Amsterdam

  • 18.2Eligibility for a refund
    • 18.2.1You are eligible for a refund if your Itinerary was canceled or significantly changed, and you decide not to travel. Your Itinerary was significantly changed, if:
      • (a)you are scheduled to depart three hours or more (for domestic Itineraries) or six hours or more (for international Itineraries) earlier than the original scheduled departure time;
      • (b)you are scheduled to arrive at the destination airport three hours or more (for domestic Itineraries) or six hours or more (for international Itineraries) later than the original scheduled arrival time;
      • (c)you are scheduled to depart from a different origination airport or arrive at a different destination airport;
      • (d)you are scheduled to travel on an Itinerary with more connection points than that of the original Itinerary;
      • (e)you are downgraded to a lower class of service;
      • (f)you as a passenger with a disability are scheduled to travel through one or more connecting airports that differ from the original Itinerary; or
      • (g)you as a passenger with a disability are scheduled to travel on a substitute aircraft that results in one or more accessibility features needed by you being unavailable.
    • 18.2.2You are eligible for a refund if your Itinerary was subject matter of the same Agreement as the Itinerary of a passenger with a disability who decides not to travel in one of the scenarios described in Art. 18.2.1 (f) or Art. 18.2.1 (g) or if the passenger with a disability is downgraded to a lower class of service that results in one or more accessibility features needed by the individual becoming unavailable.
  • 18.3Refunds to your original payment method. If you request a refund through Kiwi.com, we will issue a refund equivalent to the Carrier Reservation Price of the relevant flights to your original payment method. The refund will be processed within 7 business days after the Carrier confirms that you are eligible for a refund or within 7 business days after you request a refund through Kiwi.com if your flight that does not have the US as either the origin or destination within the Itinerary defined in Art. 18.1.2 was canceled or significantly changed.
  • 18.4Refunds in Kiwi.com Credit
    • 18.4.1Kiwi.com shall have the right to offer you a choice between a monetary refund and Kiwi.com Credit of an equivalent or higher value and the equivalent currency. Refunds in Kiwi.com Credit are subject to your explicit consent.
    • 18.4.2The Kiwi.com Credit is valid for 5 years after it has been accredited under Section 18. Once the validity of the Kiwi.com Credit expires, it shall be forfeited permanently. The Kiwi.com Credit subject to restrictions and conditions under Art. 12.1 - Art. 12.7 (with the exception of Art. 12.6.1).
  • 18.5By requesting a refund through Kiwi.com (monetary or in Kiwi.com Credit), you authorize us to request a monetary refund from the Carrier and assign to us all your rights, titles and claims against the Carrier arising from or related to the canceled or significantly changed Itinerary for any refund (i) under the Contract of Carriage with the Carrier or (ii) based on the applicable law. Furthermore, you agree to provide us with all reasonably required assistance to recover such a refund. Your rights under Art. 18.3 are not affected by this article.
  • 18.6If you have Disruption Protection or Connection Protection, in addition to a refund to your original payment method under Art. 18.3, we will also offer you alternative options, as described in Section 10, that are subject to your explicit consent.
• 19.KIWI.COM GUARANTEE & KIWI.COM BENEFITS
  • 19.1Kiwi.com Guarantee. Kiwi.com Guarantee is a unique selling proposition of some Itineraries booked with Kiwi.com, including benefits such as:
    • 19.1.1Automatic Check-in. We handle the online check-in processes with the Carriers in your Itinerary on your behalf. When completed, we will forward you the boarding passes. We shall only have the obligation to perform the Automatic Check-in if you provide us with all the required information within the periods specified by us.
    • 19.1.2Disruption Protection as specified in Section 10.
    • 19.1.324/7 即時聊天。透過我們的 24/7 即時聊天，你可以在任何時間、以任何語言獲得即時支援。對於預訂後服務，你只需支付承運商收取的費用，我們不會收取額外的處理費。
    • 19.1.4Live Boarding Pass. To ensure you stay informed throughout your travel day, we will provide you with information such as flight delay updates, and terminal and gate information via our mobile applications.
  • 19.2Kiwi.com 權益。部分透過 Kiwi.com 預訂的行程包含 Kiwi.com 權益，例如航班中斷保護、24 小時全年無休即時聊天和即時登機證。這些行程不提供自動報到。
  • 19.3Kiwi.com Guarantee Flexi 或 Kiwi.com Benefits Flexi。使用 Kiwi.com Guarantee Flexi 或 Kiwi.com Benefits Flexi，您將擁有 Kiwi.com Guarantee 或 Kiwi.com Benefits 所包含的所有優惠，除此之外，您還可靈活取消或重新預訂航班：
    • 19.3.1根據您的要求，Kiwi.com將以Kiwi.com信用額向您支付預訂過程中顯示的承運人預訂價格的100%。請注意，此退還金額不包括承運人輔助產品的價格，該價格不可退還。Kiwi.com有權取消您的所有承運人，而您將您因要求取消服務的行程而產生或與之相關的所有權利、所有權及對承運人的索賠權轉讓給我們，以獲得任何退款。
    • 19.3.2如果您想重新預訂航班，請取消預訂，並使用已簽發的 Kiwi.com 信用額購買新航班。
    • 19.3.3您可以在行程中第一節車程開始前 48 小時內取消預訂。如果您在首次出發前不到 6 天購買了 Kiwi.com Guarantee Flexi 或 Kiwi.com Benefits Flexi，則最多可以在首次出發前 4 小時購買。
• 20.APPLICABILITY AND AMENDMENTS
  • 20.1本條款與細則自： 25th August, 2025.我們保留隨時修改這些條款和條件的權利，且無需事先諮詢客戶。本「條款與細則」的任何變更均不影響變更生效前簽訂的協議，但以下條款除外。15.4.