Terms of Use
Summary
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1. Our website and mobile application
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1.1 The website located at Kiwi.com, the Kiwi.com mobile application and all of their
contents ("Website") are owned and operated by private limited company
Kiwi.com s.r.o., with a registered office at Rohanské nábřeží 678/25, 186 00, Prague
8-Karlín, Czech Republic, Company ID No.: 29352886, registered in the Commercial
Register maintained by the Municipal Court in Prague, File No. C 387231, Tax ID No.
CZ29352886 ("Kiwi.com", " we", "our",
"us").
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1.2 The Website is available to any visitor or customer ("User", "
you", "your"), subject to acceptance of these special
Terms and conditions of use of the Website ("Terms of Use "). Your
access or use of the Website constitutes full and unconditional acceptance of these
Terms of Use. If you do not agree with these Terms of Use, then you are not allowed to
use the Website.
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1.3 The rules regarding the processing of the personal data of the Users are available
in the Privacy Policy on the Website.
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2. Access to and use of the Website
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2.1 If you decide to use the Website, we will provide it to you "as is" without any
liabilities and warranties including but not limited to the guarantee of completeness,
flawlessness, availability, or suitability. If you are a consumer with habitual
residence in the EU, this clause does not apply to you.
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2.2 Under no circumstance shall we be liable for any loss or damages (including direct,
indirect, special, or consequential losses or damages of any kind or lost profits) in
relation to or connected with the Website regardless of the form of action by which such
losses or damages may be claimed. If you are a consumer with habitual residence in the
EU, this clause does not apply to you.
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2.3 Access to specific parts of the Website may be restricted under specific rules and
requirements. Unless indicated otherwise, Website functionalities are provided free of
charge.
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2.4 The content and information on the Website (including subjects of intellectual
property, price, and availability information relating to the products and services
provided via the Website), as well as the infrastructure used to provide such content
and information, is proprietary to Kiwi.com or our suppliers and providers.
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2.5 The User agrees to keep confidential any passwords provided to access the Website
and ensure that no unauthorized third parties gain access to them. The User accepts
responsibility for any financial consequences arising from the use of the Website with
the User's password to the Website or from the use of the User's passwords by third
parties.
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2.6 We, in our sole discretion, may use all comments and suggestions, whether written or
oral, provided by the User in connection with the use of our products and services or
the Website.
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2.7 The User agrees not to:
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2.7.1
use another person's name, ID, or password without permission nor use the Website
while impersonating another person;
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2.7.2
post or transmit any unlawful, threatening, defamatory, obscene, or indecent
material or any material that could constitute conduct that would be considered a
criminal offense, give rise to civil liability, or otherwise violate any law;
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2.7.3
make any speculative, false, or fraudulent booking or any booking in anticipation of
demand;
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2.7.4
use any device, software, or routine to interfere with or attempt to interfere with
the proper working of the Website;
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2.7.5
alter or decompile the software used for the provision of our products and services
and operation of the Website;
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2.7.6
frame, mirror, or otherwise incorporate any part of the Website into any other
website without our express written authorization.
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3. Website functionalities and Kiwi.com Account
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3.1 The Website contains multiple functionalities which are available to the User and
may be used by a designated part of the interface of the Website or other designated
online tools such as emails ("Website interface"). We will provide you
with functionalities of the Website provided that you use the functionalities in a way
that has been intended and allowed by us.
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3.2 The Kiwi.com Account is formed by additional functionalities of the Website with
restricted access ("Kiwi.com Account") such as tools for the management
of your current and past bookings or the storage of data necessary for making bookings
in the future.
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3.3 You may access the Kiwi.com account associated with your email address by signing in
via the Website interface provided you previously made a booking on the Website with
your email address, or you created a Kiwi.com Account via the Website interface with
your email address.
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4. Search functionalities
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4.1 Search functionalities of the Website allow you to search amongst transport services
of third parties and their combinations.
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4.2 The displayed search results depend on your input and choices made via the Website
interface within defined parameters.
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4.3 By default, we rank search results from best, meaning that transport options that we
consider to be better are displayed higher while options considered worse are displayed
lower. Which option is better and which is worse is determined by a formula based on the
combination of price (lower price is considered better than a higher price), duration
(shorter carriage is better than longer carriage), means of transport (ground transport
is considered better than air transport) and a number of passengers. You may change the
default ranking of search results to any of the available options. In that case, the
search results are ranked according to the selected parameter such as price or duration.
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5. Your booking options
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5.1 When you search for travel options on the Website, you may see two distinct choices
for completing your booking:
- 5.1.1 Booking with Kiwi.com
- 5.1.2 Redirect to third-party websites.
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5.2 Booking with Kiwi.com. If you choose to book with Kiwi.com, you
will handle your entire booking process on our Website, including payment. This means
you’ll enter into an agreement with us, and we will act on your behalf to secure all
necessary third-party services, such as flights and flight ancillaries. Additionally,
you will be able to order post-booking services with Kiwi.com and reach out to our
customer support for assistance.
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5.3 Redirect to third-party websites. If you opt for the redirect
option, you’ll be taken to a different website to finalise your booking. In this
scenario, Kiwi.com will not be part of your agreement or transaction. You will enter
into a contract with the third-party service provider. As a result, you will not be able
to enjoy the benefits that we offer to our customers, and will not have access to
Kiwi.com's post-booking services or customer support.
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6. Prices
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6.1 We strive to ensure that the prices displayed on our Website are up to date and
accurate. However, the prices displayed are also based on prices of third parties (e.g.
airlines), over which we have no control, and our latest search results. Therefore,
these prices might be subject to changes.
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6.2 Prices displayed on the Website might be adjusted by automated decision-making.
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7. Our intellectual property
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7.1 We retain any, and all, rights to our products and services and the Website and its
content; including software, hardware, products, processes, algorithms, user interfaces,
knowledge, technologies, inventions, designs, and other tangible or intangible materials
or information made available to the User throughout the provision of the services or by
using the Website.
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7.2 No expressed or implied license or right of any kind is granted to the User
regarding our services, products, or the Website, or any part thereof, including any
right to obtain possession of any source code, data, or other material relating to the
Website. All rights not expressly granted to the User herein are reserved to us or their
respective owners.
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7.3 Furthermore, all copyrights, trademarks, design rights, database rights, patents,
and other intellectual property rights (registered and unregistered) in and on the
Website and regarding the content of the Website belong to us or third parties and we do
not grant anyone the right or license to use them.
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8. Content of third parties
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8.1 All the third-party products and services displayed on the Website are provided by
professional providers acting as traders.
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8.2 The trademarks, logos, service marks, watermarks, and other third-party content ("
Trademarks") displayed on the Website are registered and unregistered
trademarks of their respective owners. All Trademarks related to the operating airlines,
railway companies, and other third-party providers that are displayed on the Website
belong to their respective owners and we use these Trademarks solely for your
convenience. Nothing contained on this Website should be construed as Our pretension to
these third-party Trademarks or as granting, by implication, estoppel, or otherwise, any
license or right to use any Trademark displayed on the Website without the express
written permission of its respective owner.
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8.3 Your misuse of the Trademarks displayed on the Website is strictly prohibited. You
must ensure that your use of Trademarks complies with all applicable laws and the
intellectual property and other rights of the relevant third-party provider. You
acknowledge and agree that the Trademarks will remain the property of the relevant
third-party provider. No part of Trademarks may be modified, duplicated, published,
uploaded, distributed, translated, adapted, marketed, or used, without the prior written
consent of the relevant third-party provider.
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8.4 Displaying of Trademarks on the Website and the availability of third-party products
or services on the Website, should not be construed as an affiliation, endorsement, or
sponsorship of the Website and our services by any such third party.
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9. Final provisions
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9.1 Dispute resolution
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9.1.1 Amicable dispute resolution. Prior to the commencement of
any of the below methods of dispute resolution, please try to contact us through our
contact form available at: Kiwi.com/content/feedback first to resolve any of your
complaints or suggestions.
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9.1.2 Jurisdiction. in cases of disputes with Kiwi.com s.r.o. The
courts of the Czech Republic shall have complete jurisdiction over all disputes
arising between you and us.
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9.1.3 EU consumer disputes
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All consumers residing in EU countries are, prior to filing any legal action
with a court, entitled to commence the out-of-court settlement of their dispute
with us, provided that any such dispute between an EU consumer and us has not
been successfully settled directly. The institution in charge of out-of-court
settlements for the EU consumer disputes with our company is the Czech Trade
Inspection Authority (coi.cz). More information on out-of-court settlements of
consumer disputes may be found here (
https://www.coi.cz/en/information-about-adr/
).
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Pursuant to EU regulation No. 524/2013, EU consumers are also entitled to
commence the out-of-court settlement of consumer disputes online through the ODR
platform for the online resolution of consumer disputes accessible at
(ec.europa.eu/consumers/odr).
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If you are a consumer with habitual residence in the EU, you may bring a claim
to enforce your consumer protection rights in connection with these Terms of Use
in the Czech Republic or in your country of residence, and proceedings may be
brought against you only in the courts of your country of residence.
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9.2 The Website and these Terms of Use and any legal relations established under it or
derived from it, shall be governed by the laws of the Czech Republic. 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.
- 9.3 These Terms of Use are valid and effective from September 12th, 2024.
