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Terms of Business for the Arrangement of Flights or other travel services:
Dear Customers:
We, Flights.com, 96 Engle Street, Englewood, New Jersey USA 07631 (hereinafter: "Flights.com"), offer our services exclusively on the basis of these Terms of Business. These terms, insofar as they may be validly included therein, shall become an integral part of our service contract, which shall enter into force between yourselves and ourselves upon the occasion of your reservation. Accordingly, we ask you to carefully read these Terms of Business.
1. Role of and Services Offered by Flights.com; Applicable Legal Provisions
1.1 The rights and duties of the customer vis-a-vis the contractual partner for the arranged service (travel agency partners, airline companies or other suppliers) are governed exclusively by the agreements entered into with said contractual partner, especially, insofar as they shall be validly agreed upon, the terms of carriage and/or terms of business of said contractual partner.
1.2 The relationship between the customer, on one hand, and, on the other hand, the airline or supplier of travel services as well as any travel agency handling the booking is solely between such partner of Flights.com and the customer. Flights.com acts only as an electronic media to display such travel services, without expressing any opinion or recommendation about the quality, reliability or safety of any vendor, supplier or partner of Flights.com. You should contact the respective vendor, airline or supplier of travel services for further details about their liability if any.
2. Conclusion of the Contract
2.1 Offers from the Flights.com flight database do not constitute contractually binding proposals on the part of Flights.com or their suppliers and are for information only.
2.2 A reservation agreement, which is binding upon the customer, shall enter into force as a preliminary contract upon entry of the customer’s data, transmission of the online reservation form and our response confirmation of the booking.
2.3 On the basis of the aforementioned reservation, Flights.com shall transmit to the customer and partner on-line a contractual proposal for the conclusion of an air transport or travel service contractor with the airline or the provider of related travel services. This contract proposal shall continue to bind the parties throughout the period of time set forth in the proposal.
2.4 The customer shall be entitled to accept this proposal only within the aforementioned period of time and solely by making payment in full within the specified period of time. Said payment shall be considered validly effected if it is credited into the Flights.com partners’ account within the specified period of time.
2.5 Should the customer fail to accept the proposal by not making payment within said period of time, no principal contract entitling the customer to any right to the reserved service shall enter into force. Claims by the partners of Flights.com for indemnification on account of failure to comply with the reservation agreement shall not be affected thereby.
3. Payment, Reservation Changes, Cancellation
3.1 The price for the arranged flight service and any additional services arranged shall be paid pursuant to Section 2.4 prior to the delivery of the airline tickets and any additional documents.
3.2 In case of changes in reservations (especially changes to the departure and/or return dates, the flight class and the flight route), the partners of Flights.com shall be entitled, by way of a claim for reimbursement of expenditures, to demand compensation from the customer of the expenses which shall have been charged to such partner the airline company or the supplier of the flight service. In addition, in respect of its own expenses, a fee in the amount of USD 25.00 shall be charged for each ticket and each modification.
3.3 It is hereby noted that, with regard to the conclusion of air transport contracts, the customer is not generally entitled to any right of cancellation under law. The possibility of cancellation shall only exist within the framework of contractual rights of cancellation, which may be granted by the airline company, and/or the supplier of flight services, and only subject to the terms dictated thereby. This shall especially apply in cases where the customer does not use the flight and does not request cancellation; in such cases, generally speaking, the customer shall be required to pay the entire amount due and shall not be entitled to any refund.
3.4 In cases where the customer’s cancellation of the contract is admissible, the partners of Flights.com shall be entitled, by way of reimbursement of expenditures, to bill the customer for the expenses which shall have been charged to the partners of Flights.com by the airline company or the supplier of flight services, as well as a processing fee in the amount of USD 25.00
3.5 Any objections on the part of the customer to the justification for, or the amount of, the charges made by the airline company and/or the supplier of flight services must be addressed directly to the latter. They cannot be used to set off any claims for reimbursement of expenses on the part of the partners of Flights.com.
4. Travel Services
4.1 Flights.com is not a travel agency and does not provide travel consultation services. Accordingly, Flights.com shall not be obligated, in connection with its activity as an electronic conduit, to provide notice or information concerning any regulations with regard to passports, visas, customs or health. This being the case, the customer shall be solely and exclusively responsible for obtaining, in a timely manner, said information for the country of destination and/or any transit countries.
4.2 Under no circumstances shall Flights.com be required to obtain visas or other documents, unless an agreement to that effect shall have been expressly entered into.
5. Obligations of the Customer
5.1 The customer is hereby informed that the terms of business of the airline companies impose special duties upon the customer. The customer’s attention is especially called to those set forth in the airline ticket of the carriers' condition of carriage.
5.2 These obligations include but are not limited to the observance of check-in time (time of arrival at the check-in counter), as well as, especially, in the case of special and charter flights, the duty to reconfirm return and connecting flights with the airline company within the period of time stipulated by said company.
5.3 Should the customer fail to comply with any such obligations, he or she shall be liable to lose the right to transportation, and shall not be entitled to (partial) refund of the cost of the flight.
5.4 In case of loss or damage to baggage, the customer shall be required, according to national and international regulations, to inform the airline company without delay. Should the customer fail to do so, he or she shall be liable to lose the right to claim damages.
5.5 The customer shall be required to inform the partners of Flights.com without delay with regard to any deficiencies in the agency service provided by it, and to give it the opportunity to remedy these deficiencies. Should the customer fail to do so, he or she shall lose the right to any claim arising from the flight arrangement contract.
6. Liability
6.1 Flights.com shall not be liable for the delivery of any agency service. Flights.com shall not be liable for the actual success of a partners’ effort; that is, Flights.com shall not be responsible for the entry into force of a contract with the supplier that corresponds to the reservation request.
6.2 The data in the flight database are based on the information provided by the airline companies and/or suppliers of Flights.com. They are in no way guaranteed by Flights.com.
6.3 Flights.com shall not be liable for the actual availability of the dates, routes, and prices included in the flight database. In this regard, flights liability with respect to the obligation to awareness of such circumstances shall be limited to cases of fraudulent intent or gross negligence.
6.4 Flights.com acts only as a computer conduit and intermediary between the airlines and their authorized agents and the user of Flights.com reservations system. By use of its reservation system the passenger has selected the choice of vendor without any recommendation from Flights.com.Flights.com does not endorse or recommend any vendor, airline or other supplier.Flights.com has no first-hand knowledge about any airlines’ safety record, maintenance program or reliability, including any ancillary service like onboard meals, beverages and other. Flights.com assumes no responsibility for injury, death, damage, loss or delay incurred by any person in connection with the reservation or sale of any travel services booked by the passenger. Flights.com further assumes no responsibility for any loss arising due to an air carrier’s or vendor’s bankruptcy, discontinuance of operation, strikes, wars, hostilities or civil disturbances resulting directly or indirectly from acts of God.
6.5 No claims of warranty or damages may be used by the customer to set off any claims for reimbursement of expenditure by the partners of Flights.com in its capacity as an computer conduit, especially with regard to delayed flights, overbooking, failure to provide transportation, and damage to baggage or personal injury.
6.6 All documents will be dispatched by its fulfillment partners by regular mail, courier, or electronically. Flights.com does not bear any liability for transportation risks such as delayed delivery through postal, courier services, etc., even if the shipment charges are fully absorbed by its fulfillment partners.
7. Miscellaneous
7.1 All claims against Flights.com on the basis of its computer services, irrespective of the legal grounds for said claims, must be filed by the customer within one month of the date contractually agreed-upon for the return flight. Claims filed subsequent to the expiry of such deadline shall only be allowed in cases where such claims could not be filed prior to the expiry of said deadline, through no fault of the customer.
7.2 Governing Law: The Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of New Jersey.
7.3 Should one or more of the above clauses be or become invalid, the validity of the remaining provisions and of the agency contract as a whole shall in no way be affected.
Flights.com
96 Engle Street
Englewood, NJ 07631
United States
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