Terms of use

04 декабря 2020

Terms of Use

January 01, 2021.

Before using Aviasales, you (meaning the user, as a visitor of the website or user of our other products) should read the present document (hereinafter referred to as “Terms”), according to which we provide you with access to Aviasales. Any use of our websites, app, or any other web service where Aviasales or its software (function) is hosted is recognized as acceptance of these Terms, meaning you are giving your explicit consent to use Aviasales under the conditions set out below, as well as your consent to the Privacy Policy. If a user doesn’t accept the Terms in full, they must refrain from using Aviasales and leave the corresponding website or product.

  1. General Information
    1. Aviasales is owned and operated by Go Travel Un Limited, a Hong Kong corporation (registration No. 1658681) with a legal seat at Suite 1504, 15/F, Chinachem Tower, 34-37 Connaught Rd Central, Hong Kong, and its subsidiaries (hereinafter – “Owner”).
    2. Aviasales refers to a software product or, simply stated, an online service intended for personal, non-commercial purposes, such as:
      • for the user to search and receive, based on their queries and the functionality of the software, information about flight tickets and other travel services offered by third parties, including airlines, OTAs, booking systems, hotels, etc. (metasearch service), which are partners of the Owner, as well as to facilitate (partially automate) the purchasing (booking) process within the Assisted Booking interface;
      • to track and provide the user who subscribed to Aviasales’ newsletter with statistical information about the price of flight tickets and other travel products for specified destinations, as well as promotional information about Aviasales and third parties through electronic communication channels, including messengers and push notifications;
      • to provide Aviasales-authorized users with the opportunity to personalize the functionality of the website, including remembering data specified by the user and saving the settings for the Assisted Booking process;
      • to provide the user with information about traveling on Aviasales’ blog (for informational purposes only);
      • to provide the user with the opportunity to participate in promotions and contests (marketing online events and special projects), organized by the Owner and/or their partners on Aviasales and related domains;
      • to fulfill other legitimate purposes that are implied and can be met by using Aviasales functionality exclusively through the user interface.

      Important! Aviasales is not a service that allows you to purchase flight tickets or other services/products. Any commercial relations with the user regarding a purchased service found on Aviasales occur on the side of Aviasales’ partners. The Owner doesn’t participate in these relations in any way. In case of disputes regarding the specified circumstances, you agree to apply for their resolution directly with the parties who entered into the relationship with you to provide the relevant services or to their authorized agents.

    3. Posting information and content in any form regarding flight tickets, products, services, and providers of such services on Aviasales constitute neither a recommendation, instruction, or a call to purchase such a service nor an assessment or comparison of such services/partners among themselves.
  2. The Use of Aviasales
    1. By using Aviasales and visiting websites/applications of the Owner, you confirm and guarantee that you have reached the age of majority in your country of residence, have the necessary legal capacity to do so, have received necessary consents and permissions if you act in someone else’s interest, and provide accurate, full, and reliable information when using Aviasales.
    2. The Owner grants you, free of charge, a non-exclusive and non-transferable license to use to access Aviasales on a personal device in any country in the world, for the direct functional purpose of Aviasales and exclusively for the legitimate purposes specified in the Terms.
    3. Interaction with Aviasales, including the formation of search queries for flight tickets, is carried out exclusively by means of the digital interface provided to users.
    4. When using Aviasales, you agree:
      • not to interfere with the work of Aviasales in ways that may result in a violation of its performance, including forming requests in ways other than through the user interface;
      • not to use any programs or applications that are not authorized by the Owner to interact with Aviasales;
      • not to modify, improve, translate into other languages, decompile, disassemble, decode, frame, emulate, violate the integrity of, or restore the source code of Aviasales or any of its parts;
      • not to use Aviasales or the content available on it for illegal purposes or in order to pursue an unfair purpose, for example, go to partner sites and make fraudulent bookings.
    5. The Owner has the right, at any time and at their sole discretion, to terminate maintenance of Aviasales, change its functionality, as well as prohibit a specific user, while the user is obliged to stop using Aviasales at the specified request.
    6. By means of Aviasales, users are also given the opportunity to personalize the functionality of the service for their own needs. You agree that the fact that you authorize on the website/app, use the account assigned to you on Aviasales and thus provide access to certain features, such as Assisted Booking, promotions or search history, is regulated in the same way as unauthorized access.
    7. The Owner has the right, at any time, to remove any of your content and/or restrict the access of other users to said content, if such content or your actions may potentially, in any way, violate these Terms, the Privacy Policy, applicable legislation, or generally accepted behavioral norms on the internet, or threaten the security of the service or the service of third parties as well as their psychological state.
  3. Disclaimers and Liability
    1. The Aviasales functionality is provided "as is." The Owner does not provide any warranties regarding error-free and uninterrupted operation of Aviasales, its parts, components, or functions, compliance of Aviasales functionality to specific expectations of the user. The Owner does not guarantee the veracity, accuracy, completeness, and timeliness of data provided by Aviasales, nor do they provide any other warranties, which are not expressly stated in these Terms, including when providing support services regarding the use of the metasearch service or other available functionality.
    2. The Owner is not responsible for any direct or indirect consequences of any use or inability to use Aviasales (including data) and/or the damage caused to you and/or third parties as a result of any use, non-use or inability to use Aviasales or its separate components and/or functions, including due to possible errors or failures in its operation.
    3. You agree to use Aviasales in accordance with the laws of the country in which you are located, and bear liability for violating the restrictions on the use of Aviasales or its different functions according to respective legislation.
    4. You are solely responsible before third parties for your actions related to the use of Aviasales, including if such actions result in violating the rights and legitimate interests of third parties, as well as for compliance with applicable legislation when using Aviasales.
  4. Intellectual Property
    1. Intellectual property rights on the intellectual property objects constituents Aviasales and/or used by it (software and hardware product, interface, algorithms, design, mechanics of interactions, texts, images, databases, knowledge, trademarks, trade names, other means of identification, etc.), as well as domain names, are vested in the Owner or third parties, which are the rights holders and provided the Owner with a license, or are distributed by the Owner on behalf of the rights holders.
    2. Intellectual property objects and other third-party content, exclusive rights to which are not licensed or not vested in the Owner, are displayed solely to inform users about a particular airline, OTA, booking system, etc. which are available, for example, on a search results page on Aviasales. Nothing should be construed as our pretension to such third-party content or as granting, any license or right to use displayed content on the Aviasales without the express written permission of its respective owner.
    3. The use of the intellectual property objects specified in section 4.1. is only possible within the framework of the functionality offered by Aviasales. You agree that the use of Aviasales does not grant you any rights for the specified intellectual property objects, except for the rights explicitly specified in the Terms.
    4. Any content that Aviasales receives from you, upon authorization or through any other use of Aviasales, must be rightfully accessible to you and must not violate the rights and legitimate interests of third parties or applicable laws. You provide the Owner with free-off charge, perpetual, transferable, revocable, sub-licensable license to use, modify, reproduce, distribute, and prepare derivative works of, publicly perform, and publicly display (in any form and on all mediums now known or hereafter devised) all content provided. The Owner can use such content in any format, channel, platform, or territory with the right to localize it to other languages. If uploaded or submitted to Aviasales, you further give permission and the right to use your name, image, or other personal attributes in connection with such content.
  5. Changes to the Terms and Dispute Resolution
    1. The Owner has the right to unilaterally change these Terms at any time and without prior notice. The notification for users about changes made to these Terms and their current version is published on this page.
    2. Changes to the Terms come into force from the date of their publication, unless otherwise specified in the relevant publication.
    3. If, for any reason, any of the conditions of these Terms is found to be invalid, the Terms will be enforced to the fullest extent permitted by applicable law and the other conditions will remain valid and in force.
    4. The present Terms and all the relations associated with the use of Aviasales are subject to the law of Hong Kong, unless a particular user and the Owner agree otherwise.
    5. Any of your concerns and claims arising out of the present Terms and/or the use of Aviasales must first be dealt with pre-court dispute settlement procedure. In the event of a dispute, you agree to electronically and physically send your complaint to the Owner at the legal address. The response period is 30 days from the date on which the Owner receives the electronic version. If you do not consider your complaint resolved within the time limit set for the response, you have the right to appeal to the court in accordance with Hong Kong legislation.
    6. If you wish to leave any feedback regarding the use of Aviasales, the text of the present Terms, or to clarify any questions you may have regarding the use of Aviasales, our support team will be there to help. If you are the right holder and you believe any content on Aviasales violates your right, please write to our legal team.