GENERAL TERMS AND CONDITIONS

IMPORTANT: PLEASE READ ALL OF THE FOLLOWING GENERAL TERMS AND CONDITIONS (THESE “T&Cs”), CAREFULLY. THESE T&Cs CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE (BUT ARE NOT LIMITED TO) VARIOUS LIMITATIONS AND EXCLUSIONS, A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

These general terms and conditions (“T&Cs”) apply between you (“You” or the “Customer”) and Gotogate, Inc. (“We” or “Us”), the intermediary company of flights and flight related services offered on the booking portal provided by Booking.com BV  (hereinafter referred to as the “Flight Portal”).

You must be at least 18 years of age and act in your role as a private consumer to make a booking request for flights and flight related services on the Flight Portal. A private consumer is, as opposed to a business, a natural person who enters into a legal transaction for purposes which are predominantly outside its commercial and/or self-employed activities.

Your contractual partner for flights and flight related services is:

Gotogate, Inc. (Gotogate)
4300 Biscayne Blvd
Suite 203
Miami, Florida 33137
USA

Please note that in-person customer support is not available
E-mail: customerservice@flightsonbooking.gotogate.support
Telephone: +1 917 421 7240

Table of contents

1. SCOPE OF SERVICES
2. BOOKING PROCESS AND CONTACT INFORMATION
3. MEDIATION OF FLIGHTS
4. MEDIATION OF INSURANCES
5. SPECIAL PROVISIONS FOR THE MEDIATION OF BOOKINGS OF MULTIPLE SERVICES
6. INFORMATION ON PASSPORT, VISA AND HEALTH PROVISIONS
7. OUR OWN SERVICES
8. CHARGES AND PAYMENT
9. CLAIMS
10. CUSTOMER RIGHTS PURSUANT TO EU REGULATION
11. USER CONDUCT
12. LIABILITY
13. GOVERNING LAW AND DISPUTE RESOLUTION
14. DATA PROTECTION
15. INTELLECTUAL PROPERTY
16. INDEMNIFICATION

1. SCOPE OF SERVICES
   1. Mediation of Travel Services
      1. For the flight and flight related services offered on the Flight Portal (collectively referred to as "Travel Services"), We exclusively provide travel mediation services through which We only act in our capacity as an intermediary between You and a Service Provider (our travel mediation services are referred to as “Mediation Services”). To that end, our role and obligations are limited to mediating Travel Services that will be rendered by third parties such as airlines, travel operators, insurers, train or other service providers (hereinafter in each case "Service Provider" or “airline”, where specifically applicable).
      2. Consequently, the agreement for the actual provision of Travel Services (e.g. transport contract, insurance contract) comes into effect directly between You and the relevant Service Provider. We are not a co-vendor of the Travel Services and We are not a party to the contractual relationship between You and the Service Provider.
      3. By using the Flight Portal to purchase Travel Services, You authorize Us to engage in Mediation Services and mediate with the corresponding Service Provider(s) on your behalf, including mediation of the payment for these Travel Services, in order to take care that the transaction between You and the Service Provider(s) is carried out.
      4. Responsibility for the actual performance of the Travel Services mediated through the Flight Portal is exclusively held by the relevant Service Provider. In our role as an intermediary, We do not assume any responsibility for the Travel Services to be rendered by the Service Providers and We make no representations or warranties (neither expressed nor implied) regarding the suitability or quality of Travel Services mediated on the Flight Portal. For any claim You may have in context with the performance or non-performance of the Travel Service, the Service Provider is the responsible addressee.
      5. Should You have the opportunity to request special wishes (such as special meals, disabled facilities or child seats) when booking Travel Services, We will pass on your request to the relevant Service Provider. However, We cannot take any responsibility on whether the Service Provider can actually fulfill such wishes.
   2. Our own Services Apart from our Mediation Services as stated in Section 1.1 above, there are also additional services (other than Travel Services) available through the Flight Portal which We, ourselves, are responsible for providing. For such additional services, You enter into a direct contractual relationship with Us. In each case, We clearly inform You if and to what extent We offer our own services instead of only mediating third party services. Our own portfolio of services may vary over time. Some of our own services are described in Section 9. For additional services not set forth in these T&C’s, a detailed description of such additional services as well as information about our fees and supplementary terms and conditions for booking and usage, is provided to You over the course of the booking process.
   3. Applicable contractual conditions
      1. These T&Cs cover the Mediation Services according to Section 1.1 as well as our own services pursuant to Section 1.2.
      2. With respect to the Travel Services agreement between You and a Service Provider (to which We are in no event a party), the general terms and conditions of the relevant Service Provider will apply (“Service Provider Terms”). Such Service Provider Terms will be made available to You on the Flight Portal during the booking process or may otherwise be available through or requested by You directly from the Service Provider. AS THE SERVICE PROVIDER TERMS MAY INCLUDE PROVISIONS RELATING TO LIABILITY, CANCELLATION, CHANGES, REFUNDS (IF AVAILABLE) AND OTHER RESTRICTIONS, YOU ARE ADVISED TO READ THOSE TERMS CAREFULLY. IN NO EVENT IS GOTOGATE RESPONSIBLE FOR ANY FAILURE TO READ, UNDERSTAND, OR COMPLY WITH ANY SERVICE PROVIDER TERMS.
2. BOOKING PROCESS AND CONTACT INFORMATION
   1. During the booking process, You are provided with the technical means needed to detect errors in entry forms and to correct them prior to submitting your booking request. You are requested to check all data for accuracy before concluding your booking request. Subsequent change requests may lead to significant additional costs.
   2. We might need to contact You, e.g. in case of subsequent changes to the purchased Travel Services. You must submit accurate contact information such as your telephone number and email address. You must also continuously check if You have received a message from Us.
      
      It is also your responsibility to ensure that You are able to receive our messages. We are not responsible if You do not receive a message from Us due to circumstances reasonably outside of our control including, but not limited to the following: (i) You gave us an incorrect email address; (ii) your email settings won’t allow our email to reach You; or (iii) your email settings treat our email as spam.
3. MEDIATION OF FLIGHTS
   1. Conclusion of contract and price changes
      1. After You submit your booking request, receipt of your request will be confirmed via email. This is the moment that the mediation contract between You and Us comes into existence.
      2. As soon as your requested tickets have been issued, You will receive a confirmation email with a ticket number. This is the moment a binding contract between You and the relevant airline(s) has been concluded.
      3. Prices for the flight and seat availability are added directly by the applicable airline. If changes are made by the airline that are outside of our control (e.g. price changes, seat availability or something else) and that occurs after a booking request has been made, but before the contract with the airline has become binding (as set out in Section 3.1.2 above), the contract will not enter into force and your payment will be refunded in full.
   2. Information on booking and transport conditions
      1. Regarding the flights offered on the Flight Portal, We exclusively act in our capacity as an intermediary. The agreement for the performance of the flight comes into effect directly between You and the relevant airline and We do not accept any contractual responsibility related to the performance or non-performance of your flight. The operating airline is solely responsible for performance / non-performance of your flight.
      2. Before You conclude the booking, the terms and conditions of the relevant airline(s) will be made available to You.
      3. When mediating Travel Services rendered by airlines, We do not have guaranteed access to the airline’s booking system. Where this is the case, We may act on your behalf in entering into the contract between You and the airline. We may also ask You to contact the relevant airline directly for questions concerning reservations, changes or cancellation of your reservations. However, if You have purchased our Flexible Ticket service (see Section 9), all reservation change requests must be made via the Customer Service team as set out in Section 9.1.4. You may receive two reservation confirmations – one from Us and one from the airline concerned. If You have received two reservations confirmations, please use the confirmation of reservation You received from the airline for check-in.
      4. Below, by way of a general overview, We provide information on conditions related to booking and transport typically applied by airlines in such or at least a similar way. However, any deviating provisions of the relevant airline prevail over the general information provided in this Section 3.2.4. Therefore, in each case, please check the applicable terms and conditions of the relevant airline prior to your booking.
         • Flight times/check in
           All flight times specified are local. Next-day arrivals are indicated with a "+1" on the timetable. The stated flight times are preliminary and subject to change on short notice after the ticket has been issued; for example, due to restrictions by flight control, the weather, or functional restrictions by the airline. Please keep yourself informed of the current times well ahead of your flight.
           
           Please comply with the check-in times stated by the airline. The airlines are entitled to refuse boarding if You are late for check-in. Kindly observe that some airlines encourage check-in through their own website as they may charge a check-in fee when checking in manually at the airport.
         • Combination of individual tickets
           A combination of two separate one-way tickets instead of a roundtrip ticket is clearly marked as such during the booking procedure. The tickets are treated independently from one another in the event of cancellation, change, disruption of air traffic such as strikes and changes to flight schedules. Each airline's own regulations will apply.
           
           Flight tickets with different booking numbers are always regarded as journeys that are independent of each other.
         • Flight tickets with several segments/order of use
           Your roundtrip ticket or one-way ticket may consist of several segments. According to the conditions of most airlines, such flight segments are to be used in sequence. If not, many airlines will refuse transport on subsequent flight segments (e.g. failure to use one segment of a journey could invalidate the rest of the ticket). For roundtrip tickets a no-show on Your outbound flight may result in Your inbound flight being canceled by the airline
         • Pregnancy
           Some airlines refuse to transport women who are past week 28th of pregnancy at the time of the outward or return flight. If you are pregnant You must clarify with the airline and your doctor whether or not You can commence the journey.
         • Infants and child tickets
           Please contact the airline to obtain the conditions for traveling with a child who does not have a separate seat. Usually, children above the age of 2 years require a separate seat, while children between the ages of 0 and 2 years travel as infants and will not be allocated a seat of their own. If the infant reaches the age of 2 before the end of the trip, a child ticket must be booked for the entire trip. Infant tickets cannot be booked before birth, as the correct name and date of birth must match those stated in the passport. We will not reimburse any expenses that arise if the wrong type of ticket is booked from the outset.
         • Unaccompanied minors
           We do not mediate the booking of any tickets for unaccompanied minors. Children under 18 years must be booked for a journey in the company of an adult. Some countries and airlines refuse entry to children under 18 years unless accompanied by a legal guardian. Please note that some airlines require children under the age of 18 to bring a birth certificate to travel.
         • Lost/damaged luggage
           Within our capacity as an intermediary, We accept no liability for lost or damaged luggage. Any problems should be reported immediately to the representative of the airline at the airport.
         • Transit and overnight accommodation
           Generally, ground transportation and/or overnight accommodation during your trip is not included in the flight ticket price. You are personally responsible for checking ground transportation timetables and prices.
         • Connection times between flights
           Standard tickets booked on the Flight Portal have approved connection times. The times required for making connections between flights are calculated by the airlines. If a flight segment is delayed and leads to a missed connection, the airlines are obliged to assist You in reaching your final destination.
           When separate tickets are booked, the airlines bear no responsibility for missed connections resulting from delays. Therefore, it is your responsibility to ensure that the connection time is sufficient according to the airlines and airports. Any additional costs incurred on account of missed connections will not be reimbursed.
         • Double booking
           A double booking means that two or more bookings with the same passenger name have been made with the same airline. If You have a double booking, the airline may cancel the trip(s). This may also occur if the bookings have been made with different travel agencies. We are not responsible for cancellations made by the airlines, nor for denied refunds from airlines, in cases where they suspect a double booking.
         • Hazardous materials
           Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.
   3. Airlines banned from operating in the EU (black list) Please note that certain airlines are prohibited from operating within the EU, according to a decision made by the European Commission in close consultation with the national air transport authorities. Such airlines are prohibited because they are considered unsafe or not subject to adequate control by the authorities of their country.
      You can check which airlines are affected by an operating prohibition via the following link:
      Black List (List of airlines not permitted to operate in the EU)
   4. Timetable changes and cancellation by airlines
      1. Your agreement with the applicable airline may allow them to cancel or amend your bookings. We will notify You of any changes once We are informed of them by the airline.
         
         If You wish to request a change or cancellation refund, as an additional own service, We offer to handle the request on your behalf if permitted by the conditions of the airline. Please note that the airline’s change fees may apply.
      2. The flight times shown in your booking confirmation may change between the date of your booking and the date You actually travel. In case of flight schedule changes, You will be notified as soon as We are informed thereof by the airline. However, We strongly recommend that You contact your airline at least 72 hours before the scheduled departure of each flight to ensure that the flight(s) (and any connecting flights) are operating on schedule. We have no control over airline’s schedule changes and accept no responsibility for costs which may arise as a result of such changes.
   5. Changes and cancellations requested by You
      1. 24-HOUR RESERVATION REQUIREMENT INAPPLICABLE
         
         TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND ACKNOWLEDGE THAT UNDER UNITED STATES FEDERAL LAW, AS A TRAVEL INTERMEDIARY, GOTOGATE BEARS NO RESPONSIBILITY TO PROVIDE OR OFFER TICKET CANCELLATION OR REFUNDS, EVEN IF A REQUEST FOR SAME IS RECEIVED WITHIN 24 HOURS OF BOOKING OR OTHER TIME PERIOD SET FORTH UNDER APPLICABLE LAW. FOR CLARITY, AS A THIRD-PARTY AGENT GOTOGATE IS NOT SUBJECT TO THE 24-HOUR RESERVATION REQUIREMENT SET FORTH BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION.
      2. The conditions for changing flight bookings (including change of passenger name, destination, and date of travel) and for providing cancellation refunds are set by the relevant airline, which is your contractual partner for providing the flight. We, as the intermediary, have no influence over such conditions.
      3. If You wish to make a change to your booking or request a cancellation refund, as an additional own service, please contact the Customer Service team and We will handle the request on your behalf, provided that the conditions of the airline permit such a change or cancellation refund. During the process of booking such additional services, We will inform You of any further conditions and fees for such services.
      4. In order for us to be able to handle the changes requested by You, it is necessary that We receive your change requests at the latest 24 hours prior to the commencement of travel (by telephone or chat where available).
         
         For change requests at shorter notice, We recommend that You contact the relevant airline directly.
      5. If You have purchased our own service Flexible Ticket, please see Section 9.1 for changes of date and/or time of your flight booking.
   6. Non-Appearance or Non-Attendance of the Flight If You do not appear for or attend your flight, You hereby authorize us to request possible refunds from the airline on your behalf. We are entitled but not obligated to do so and any rights You have to request unclaimed refunds directly from the airline remain unaffected.
      
      We will retain any refunds obtained on your behalf until 12 months following the date of the flight and You will be able to request a transfer of this amount at any time before the 12 month period has passed by contacting our customer service.
   7. Non-Waiver In no event shall We be deemed to have waived or relinquished any limitation, disclaimer, covenant, condition, or other provision of these T&Cs, including this Section 3, by providing or causing to be provided to You any refund, change, or cancellation or other concession regarding any Travel Services.
   8. Identity verification process conducted by the airline Certain airlines may require verification of your identity before departure, which is beyond our control as an intermediary of flight tickets. This verification process, if applicable, is conducted by the airline after the booking is made and may incur minor additional cost (usually less than 1 EUR).
      
      Additionally, if you choose not to complete the verification process online, before your departure, as required by the airline, and opt to complete it at the airport, please be aware that this may result in additional fees. These fees are in accordance with the airline's policies, charged directly by the airline, and are non-refundable by us.
      
      Any costs associated with the verification process are determined and imposed by the airline. As an intermediary, we have no authority or liability regarding this process. We recommend reviewing the specific airline's terms and conditions regarding associated fees before making a booking.
4. MEDIATION OF INSURANCES Insurance policies issued in the United States of America are provided by Cover Genius Insurance Services, LLC, a Delaware limited liability company, 11 West 42nd Street, 30th Floor, New York, NY 10036. Its license information is available here. Cover Genius Insurance Services, LLC receives compensation from its underwriting partners. Coverages may vary and not all coverage is available in all jurisdictions. Insurance coverages are subject to the terms, limitations and exclusions in the applicable policy.
   
   Warranty products and service contracts provided in the United States of America are sold by Cover Genius Warranty Services, LLC, a Delaware limited liability company, 11 West 42nd Street, 30th Floor, New York, NY 10036.
5. SPECIAL PROVISIONS FOR THE MEDIATION OF BOOKINGS OF MULTIPLE SERVICES The Flight Portal offers the possibility to mix and match multiple individual Travel Services as You wish. In this case, You instruct Us to act as an intermediary for the booking of various Travel Services from various Service Providers. The relevant Service Providers will be clearly presented to You during the booking procedure before the booking is completed. In the event that You combine individual Travel Services, no travel contract is concluded between You and Us; instead, You conclude several contracts for the provision of individual Travel Services with each separate Service Provider. In this case, We solely operate in our capacity as an intermediary in relation to each individual Travel Service.
6. INFORMATION ON PASSPORT, VISA AND HEALTH PROVISIONS
   1. Passport, visa and/or health requirements can change and You should therefore check with the relevant authority (embassy, consulate etc.) well in advance of travel. It is your responsibility to be in possession of a valid passport and, if appropriate, a visa. It is important to remember to include all transit points in your journey which may also require You to obtain a visa. It can often take some time to obtain a visa, so You are advised to apply well ahead of time. We accept no responsibility for customers who do not possess the correct documents.
   2. Each destination has its own requirements as far as entry formalities, vaccinations, etc. which can also vary depending on the passenger's nationality. It is your responsibility to collect that information. No incidents arising from the failure to comply with such official regulations will be considered our responsibility. We therefore urge You to always verify the different formalities of the chosen destination or transit countries, as well as the time needed to take all of the related steps.
7. OUR OWN SERVICES
   1. Flexible Ticket
      1. If purchased during the booking procedure, the Flexible Ticket allows You to change the date and/or time of your flight booking under the terms set out in this Section 9.1., without paying our change fee and/or the airline’s change fee. When providing our Flexible Ticket service, We only mediate the transport contract between You and the relevant airline. As the Flexible Ticket is our own service (i.e. You cannot make use of our Flexible Ticket service by contacting the airline directly) all rebooking requests making use of the Flexible Ticket service must be made via the customer service team (see Section 9.1.4).
      2. The Flexible Ticket allows flights to be rebooked under the following conditions:
         • All rebookings must be made in accordance with Section 9.1.4 and at least 24 hours before the original time of departure.
         • Rebooking is only possible within the same airline, i.e. a flight can only be rebooked to a flight operated by the same airline as the one operating the originally booked ticket.
         • Flight segments must be used in the same order in which they were originally booked.
         • Upgrading to a different cabin, or booking class, on the same flight is not permitted.
         • Rebooking a ticket for a so called "stop-over" (i.e. staying in a connection city longer than originally booked) is not permitted.
         • A change of origin and/or destination is not possible, neither for the outbound nor the return flight.
         • The Flexible Ticket does not allow any names to be changed or corrected.
         • Rebooking under the Flexible Ticket can only be done once, either for a part of the booking or for the entire booking covered by the Flexible Ticket. Once the change has been confirmed, the Flexible Ticket has been used up.
           
           The new trip may not commence within 24 hours from the time of change request.
      3. The Flexible Ticket must be booked and paid for during the booking process and cannot be added afterwards.
      4. If You want to rebook your ticket, You have to contact our customer service, see “Contact us”.
      5. Rebooking is only completed once You receive confirmation it by e-mail. If You do not receive a confirmation, please contact our customer service.
      6. The rebooking of flights using the Flexible Ticket service is subject to availability. If the desired change results in a more expensive ticket, or if the change leads to the passenger no longer being entitled to a special price (e.g. for a small child), You have to bear the additional costs yourself. We are not responsible for the effects rebooking may have on any additional services concluded directly with the airline (such as booking of additional luggage or seat reservations).
      7. If You cancel the flight, the price for the Flexible Ticket service will not be refunded.
      8. Infants (children under 2 years) are included in the Flexible Ticket of the responsible adult traveling with the infant. The infant is included in any rebooking of flights using the Flexible Ticket made by the adult.
   2. Self-transfer Guarantee
      1. If our connection guarantee assistance services as outlined in this section 9.2 (hereinafter referred to as the "Self-transfer Guarantee") is included in your booking this will be clearly stated during the booking process and on your booking confirmation. If your booking also includes other flight connections, please note that the Self-transfer Guarantee only applies for the part of your booking that is marked with "self-transfer".
      2. With the exception of the exclusions below, the Self-transfer Guarantee applies in the following cases (each a "Change"):
         • in case any of your flight(s) are rescheduled, delayed or canceled by the respective airline causing you to miss the flight(s) to your destination;
         • if you miss a connecting flight due to baggage delays or losses outside your reasonable control; and
         • if you miss a connecting flight because of customs- or immigration processes outside your reasonable control.
      3. The Self-transfer Guarantee does not apply:
         • if the Change only affects flight(s) within the same ticket (issued as one e-ticket/PNR). The airline providing the flight(s) is responsible for any issues and for managing the Flight Changes (you may contact the applicable airline directly for assistance and/or questions);
         • if the Change is due to force majeure situations, meaning circumstances outside the airline’s reasonable control such as (without limitation) political instability, extreme weather conditions, security risks, strikes, major limitation of airport operation and/or airline bankruptcy/insolvency;
         • for any action (or lack of action) which is reasonably within your control, including for example if you miss a flight because (i) you don’t have an appropriate visa, travel documents or any other documentation required for your travel; or (ii) you breach any airline rules and restrictions; or
         • • if you travel with a checked baggage despite booking a self-transfer trip marked with “no checked bag”, i.e. a self-transfer trip with a short connection time; or
         • if you have made changes to your Booking without our previous approval.
      4. If You want to use the Self-transfer Guarantee You must inform Us without undue delay after You are aware of a Change. See here for contact details.
      5. Self-transfer Guarantee Assistance – alternative flight(s) or refund.
         After We have been informed about the Change, We will offer You to choose from one of the following options:
         a) alternative flight(s) to your final destination at our expense (the exact flight(s) offered by us will be communicated to You);
         b) a refund of the price You paid for the unused flight(s) at the time of your booking; or
         c) flight(s) for returning to the airport of Your departure at our expense (the exact flight(s) offered by us will be communicated to You).
      6. Your acceptance of the Offered Option
         You must respond with your choice as soon as possible after receiving more information from us on your options set out in subsection 5 (a)-(c) above.
      7. Additional Compensations
         In addition to your rights detailed in this Section 9.2, the Self-transfer Guarantee entitles You to the following:
         • Accommodation – If a Change occurs with short notice leaving You without accommodation for the night (10:00 PM-8:00 AM), We will cover your costs for accommodation for one or several nights. The compensation is limited to a total of 100 USD per passenger covered by the Self-transfer Guarantee. Any compensation for accommodation that You receive from the airline will be deducted from the Self-transfer Guarantee refund.
         • Meal & Beverage (non-alcoholic) – If a Change leads to your flight(s) being delayed by more than 4 hours, We will cover the cost of meal and non-alcoholic beverages up to a total of 12 USD per passenger covered by the Self-transfer Guarantee. Any compensation for meal and/or beverages that You receive from the airline will be deducted from the Self-transfer Guarantee refund.
         Note that You will need to cover the expenses and provide Us with receipt(s) for such expenses.
8. CHARGES AND PAYMENT
   1. Payment
      1. Payment for Travel Services is either processed by Us, or affiliates part of our corporate group (in cooperation with our payment service provider(s) who supply the payment processing functionality), or the provider of the Flight Portal, or the Service Provider.
         
         Please note that it might be required to share your payment information, such as credit or debit card information, with the payment service provider(s) in order to be able to process the payment. All payment information belonging to our customers is encrypted in a secure server when shared with our payment service provider(s).
      2. Depending on booking criteria and added services, the payment may be split into two separate transactions, one charge from us and another one from the Service Provider. You will not be charged more than the actual total price displayed on the Flight Portal. The same security measures are applied. In some cases, prices and fees from Service Providers may not be in the currency displayed on the Flight Portal. Instead We provide an estimate in the default currency of the Flight Portal. As a result, when You make a reservation with a credit card, the amount charged by the Service Provider might be slightly different due to currency fluctuations.
      3. In order for us to be able to process your payment, you need to ensure that there are sufficient funds available. In the event of any problem arising related to the processing of your payment, we will retry the processing of your payment in cooperation with our payment service provider(s). Should this not result in a fulfilled withdrawal of funds from you, we will contact you as soon as possible for instructions on other means of payment. Should We not receive your payment after such further instructions, we reserve the right to either cancel your booking (meaning you will not be able to travel) or refer your outstanding payment to a debt collection company. If we decide to cancel your booking, we will inform you via email.
   2. Payment fraud
      If there are reasons for us to suspect that fraud is being committed, We reserve the right to refuse processing of such payment. Legitimization of Payment may be demanded if a crime is suspected. All types of payment fraud will be reported to the police.
   3. Refunds
      1. Refunds are processed according to Service Provider Terms or policies. If You have a right to be refunded, your refund will be processed using the same form of payment as used to pay for the booking. Please note that air fares contain different elements and not all of them may be refundable, so even if You are eligible to be refunded according to the Service Provider Terms or policies, the refunded amount may not be exactly the total price paid for your booking.
      2. All refunds are paid from the applicable Service Provider and We, acting as the intermediary, have no influence over the Service Provider’s handling times.
      3. As an intermediary We will only process a payment refund where We have already received such from the applicable Service Provider.
      4. The total price of your booking will include the price of the Travel Service(s), any add-on products and our service fees.
9. CLAIMS
   1. Claims relating to performance of Travel Services
      Any problem, remark or claim relating to actual performance of the Travel Services must be addressed directly to the relevant Service Provider with whom you hold the contract for the relevant Travel Service. Please also see section 12 for your rights pursuant to EU regulation.
   2. Claims relating to our own services
      If You have a claim relating to our own services, please contact our customer service here.
10. CUSTOMER RIGHTS PURSUANT TO EU REGULATION
    1. Canceled or delayed flights
       If you are traveling into or out of the EU, or on an EU carrier, you may have the right to demand reimbursement for costs which you can assert directly against the relevant airline in the event that your flight is canceled, delayed or you are denied boarding. For more information about EC Regulation 261/2004, please click here.
    2. Carrier liability
       The EC-Regulation (889/2002) on air carrier liability in the event of accidents. Regulation can be found here.
11. USER CONDUCT
    1. We may, in our sole discretion and without thereby incurring any liability to You or otherwise, with or without cause, with or without prior notice and at any time, limit, suspend, deactivate or cancel your account and/or otherwise deny You access to the Flight Portal. Upon termination, deactivation, or suspension of your account, You are required to immediately cease all use of the Flight Portal and may not re-register under any other account.
    2. You understand and agree that You alone are responsible, at your sole cost and expense, for compliance with any and all laws that may apply to your use of the Flight Portal or any feature thereof. In connection with your use of the Flight Portal, you must not, and You agree that You shall never do or attempt to do any of the following: (i) violate any applicable law; (ii) use the Flight Portal for commercial or other purposes not permitted by these T&Cs; (iii) infringe the rights of any person or entity, including without limitation, any intellectual property, privacy, publicity or contractual rights; (iv) interfere with or damage the Flight Portal whether through the use of viruses, cancel bots, Trojans, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or otherwise; (v) impersonate any person or entity, or falsify or otherwise misrepresent yourself; (vi) attempt to probe, scan, or test the vulnerability of any Gotogate system or network or breach any security or authentication measures; (vii) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Gotogate or any of Gotogate’s providers or any other third party; or (viii) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Flight Portal or any feature or functionality thereof.
12. LIABILITY
    1. You accept that We act as an intermediary between You and the Service Provider. We will under no circumstances be held liable with respect to Travel Services You have booked with one or more Service Providers.
    2. Should a Service Provider be unable to provide the Travel Service for any reason, including where a Service Provider declares for bankruptcy, We can only act as an intermediary and refund payments where we have already received such from the applicable Service Provider.
    3. With regard to our own services, We are liable for damages subject to the limitations set out in the T&Cs provided that such limitations are permitted by law. Unless You have suffered personal injury caused by our services or in case of gross negligence by Us, We shall only be liable for direct damages actually suffered, paid or incurred by You due to an attributable shortcoming of our obligations in the performance of our own services.
13. GOVERNING LAW AND DISPUTE RESOLUTION
    1. Governing law
       These T&Cs and your use of the Services will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict-of-law provisions. You and We agree to submit to the personal jurisdiction of a state court located in Miami-Dade County, Florida or a United States District Court, Southern District of Florida located in Miami-Dade County, Florida for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
    2. Dispute Resolution
       1. Arbitration
          
          If You reside in the United States, You and We agree that any dispute, claim or controversy arising out of or relating to these T&Cs or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Flight Portal (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief (and associated legal relief) in a court of competent jurisdiction to redress or prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that You and We are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding. Further, unless both You and We otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
       2. Rules and Governing Law
          
          This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The AAA Rules are available at www.adr.org/Rules.
       3. Process
          
          A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
       4. Location and Procedure
          
          Unless You and We otherwise agree, the arbitration will be conducted in Miami-Dade County, Florida, United States. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents You and We submit to the arbitrator, unless You request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
       5. Decision
          
          The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of its reasonable attorneys’ fees and expenses.
       6. Fees
          
          Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
       7. Changes
          
          If We change this “Dispute Resolution” section after the date You first accepted these T&Cs (or accepted any subsequent changes to these T&Cs), You may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and Us in accordance with the provisions of this “Dispute Resolution” section as of the date You first accepted these T&Cs (or accepted any subsequent changes to these T&Cs).
14. DATA PROTECTION We take the protection of your personal data seriously. You can find detailed information about the collection, processing and use of your personal data in our Privacy Policy.
15. INTELLECTUAL PROPERTY
    1. General Intellectual Property Provisions Any Gotogate software and/or content used or displayed on the Flight Portal for the provision of Our Mediation Services, is protected by copyright, trademark, and other Laws of the United States and foreign countries. You acknowledge and agree that Gotogate’s software, services, and content, including all associated intellectual property rights, are the exclusive property of Us or our affiliates, business partners, licensors, licensees or transferees, as the case may be (hereinafter “Our Intellectual Property”). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Our Intellectual Property. All trademarks, trade names, and source identifiers of Us used on or in connection with Our Intellectual Property are trademarks or registered trademarks of Ours, or our affiliates, business partners, licensors, licensees or transferees. Trademarks, trade names, and any other source identifiers of third parties used on or in connection with Our Intellectual Property are used for identification purposes only and may be the property of their respective owners. You agree that You shall not assert, nor will You authorize, assist, or encourage any third party to assert, against us or any of Our affiliates, business partners, licensors, licensees or transferees, any patent or trademark infringement or other intellectual property infringement claim with respect to Our Intellectual Property.
    2. Gotogate License We grant users a limited, non-exclusive, non-transferable right and license, to (i) access and use any of Our software; (ii) access and view any of Our content solely for your use of Our Mediation Services through the Flight Portal. You have no right to sublicense the rights granted in this Section 15.2. You agree not to monitor, use, copy, scrape/crawl, download, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, broadcast or otherwise exploit any of Our content or software, except as expressly permitted in these T&Cs.
16. INDEMNIFICATION You agree and must at all times indemnify, defend and hold Gotogate and its third party suppliers or licensors, each of Gotogate’s and their business partners and each of Gotogate’s and their respective employees, officers, directors, managers and representatives (each an “Indemnitee” and collectively the “Indemnitees”), harmless from and against any and all losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including attorneys’ fees and court costs) suffered or incurred by any of the Indemnitees as a result of any third party claim, action, suit, or proceeding arising out of or incident to (i) your use of or access to any of Our content or software (also through the Flight Portal) in a manner not authorized by these T&Cs or in violation of any applicable laws, (ii) any breach by You of any term or condition of these T&Cs, including without limitation, any representation and warranty hereunder. We will promptly notify You of any claim which We become aware of and which We believe to be subject to indemnification under this Section 15.3.

Latest update: 2024-04-24