1. GENERAL AND DEFINITIONS
These terms and conditions (“Terms”) constitute an agreement between you and Chatflights International AB (Org. nr: 559080-9173), a company incorporated under the laws of Sweden.
We provide a digital chat service for booking and managing flight tickets and other travel-related services such as hotels and transfers. These Terms govern the use of the Service and shall apply to all Users using it.
“Platform” means the digital channels through which we provide you with the Service, for example our mobile app Chatflights (“App”). “Service” means the chat services as offered by us when assisting you with booking and handling of travel. “User” means an individual or a legal entity using the Service. “we”, “us” and “our” means Chatflights International AB. “you” and “your” means the User.
2. ACCEPTANCE OF TERMS
2.1 Prior to using the Service, you must have read, understood and accepted the Terms. By using the Service, you agree to strictly adhere to the Terms and to be legally bound to them in relation to us, our representatives and employees. Further, you undertake to carefully read any and all future revisions of or amendments to the Terms and not to use the Service unless you have read, understood and accepted such revised or amended Terms. Please read the Terms carefully before creating an account or otherwise using the Service.
3. ACCOUNT AND ELIGIBILITY
3.1 In order to use all aspects of the Service, you need to create an account. You acknowledge that all account details provided by you are true and correct and that, when necessary, you will update your account details so that they at all times remain true and correct. You are solely responsible for maintaining the confidentiality of your log-in information and we shall have no responsibility for any unauthorized use of your account.
3.2 The Service is only available to individuals 18 years or older who can form legally binding contracts under applicable law. By setting up a user account, you confirm that you are at least 18 years old and that you are allowed to enter into legally binding contracts. We disclaim any liability related to the use of the Service by anyone creating an account in breach of the above.
3.3 Should you create an account or otherwise use the Service on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind that company or other legal entity to the Terms.
4. RIGHT TO USE
4.1 We grant you a non-exclusive, limited license to use and copy the App onto your device(s) in accordance with the Terms and any applicable Apple App Store/Google Play Store terms and conditions. The license is only granted to you for as long as you have an account with us.
4.2 Except as expressly granted in the Terms, you shall have no other rights to the App. All rights not expressly granted are reserved and retained by us.
4.3 You may not use, copy or transfer the App, or parts thereof, other than as permitted under the Terms. You may under no circumstance alter, develop, or create additions to the App.
4.4 You may not use reverse engineering, work around any technical limitations, or otherwise attempt to change or recreate the source code of the App, or create backup copies, except as provided by mandatory law.
4.5 You may not sublicense, rent, loan or otherwise permit any third party, directly or indirectly, to dispose or otherwise use the App.
5. THE SERVICE
5.1 The purpose of the Service is to provide a digital chat service to assist you with the booking of flight tickets and other travel-related services such as hotels and transfers. On the Platform, you may manage bookings and access details about your bookings. You may also add your passenger details and loyalty program details for future bookings.
5.2 We will strive to provide you with the best alternatives based on your requests, preferences and availability. When you have chosen a specific flight or other service, we will proceed with the booking on your behalf, using the information you have provided to us.
5.3 We assist you with the booking of flight tickets and other services and are in no way related to any airline. Hence, we cannot be held responsible for scheduling changes, canceled flights, lost luggage or other events associated with the actual flight or trip. For specific details regarding the airline’s, hotel's, rental car company's or other entity's terms and conditions and your passenger rights, please contact the company providing the flight or service.
6. PAYMENT AND REFUNDS
6.1 When you have chosen a specific flight or service, we will proceed with the booking on your behalf.
6.2 As remuneration for providing you with the Service, we will charge a service fee as stated in our price list. The service fee will be debited from the payment method chosen by you.If not otherwise specifically stated, the fees are non-refundable if you choose to cancel your flight at a later date.
6.3 You agree to pay us for the Service, the flight ticket(s), including any and all taxes and fees associated with the booking of the flight ticket(s) and any other services as may have been requested and provided to you.
6.4 We use a third-party provider, currently Klarna Checkout and Stripe, to process your payments. For further information, see https://www.klarna.com/ or https://stripe.com.
6.5 You are solely responsible for any taxes or other fees arising out of your use of the Service.
6.6 If we make a transaction in a foreign currency, we will convert it into SEK on the date we process it. We will use conversion rates based on interbank rates we select from customary industry sources on the business day. This rate may differ from rates that are in effect on the date of your transaction. Fluctuations may be significant. If you make a transaction in a foreign currency, you will be charged a transaction fee of 3% on the transaction amount.
6.7 If you need to cancel or change your trip, you must do so through Chatflights and not by contacting the airline directly. Refunds for your trip will be refunded to Chatflights. You may, in turn, claim a refund from Chatflights. Such a claim must be made in writing to Chatflights within three (3) years from the initial booking.
7. YOUR RESPONSIBILITIES
7.1 You are responsible for providing accurate, current, and complete information in connection with your registration and during your use of the Service. In relation to us you are solely responsible for all information communicated or transmitted by you through the Service.
7.2 When using the Service, it is your responsibility to verify that all details you provide to us, such as dates, times, routes, destinations and all passenger details are true and correct. All first names and surnames must be written in the order they appear on the passport and the spelling must be identical.
7.3 In relation to us, you are solely responsible for managing your trip, including, but not limited to, holding valid travel documents, passports, visas and any other required documents. Furthermore, you are responsible to check actual and relevant flight information, such as terminal and gate information, check-in and luggage rules and other information associated with your flight.
7.4 If you wish to make changes to an already booked flight or service, you may do so in accordance with the terms and conditions of the specific supplier.
7.5 You may not authorize a third party to use your account and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of your password to your account.
7.6 If any information you communicate to us contains personal data about one or more individuals, it is your responsibility to ensure that you have collected the consent of such individual(s).
7.7 You warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
8. CONSUMER RIGHTS
8.1 Consumers may have a statutory right of withdrawal under Swedish law when entering agreements over the internet. However, the Distance and Off-Premises Contracts Act (SFS 2005:59) (Swe: Lag om distansavtal och avtal utanför affärslokaler) explicitly excludes agreements regarding transportation of persons from the right of withdrawal. Thus, you as a consumer are not entitled to a right of withdrawal when using the Service. However, the airline providing your flight may allow for changes to your booking at their discretion.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 All intellectual property rights such as copyrights, trademarks etc. which subsist in the Service and the Platform owned by us or third parties and protected by applicable law.
10.2 The trademark “Chatflights” and the Chatflights logo are marks owned by us. Except as may be otherwise indicated, any other trademarks, service marks, logos and/or trade names appearing on the Service and in the Platform are the properties of their respective owners. You acknowledge the rights of us and the respective third parties in those marks and that you may not copy or use any of these marks, logos or trade names without the prior written permission of the owner.
11. NO WARRANTY
11.1 THE SERVICE AND THE PLATFORM ARE PROVIDED "AS IS" AND “AS AVAILABLE”. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED IN THE SERVICE. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
12. LIMITATION OF LIABILITY
12.1 IN NO EVENT SHALL WE BE LIABLE FOR ANY INJURIES, HARM, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFIT, LOSS OF BUSINESS, LOSS OF CONTRACT, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS, DAMAGE OR CORRUPTION OF DATA, OR FOR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND. THE EXCLUSION OF LIABILITY SHALL APPLY IRRESPECTIVE OF WHETHER OR NOT SUCH LOSS OR DAMAGE WAS POSSIBLE TO ANTICIPATE AND IRRESPECTIVE OF WHETHER OR NOT LIABILITY OTHERWISE WOULD ARISE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY DUTY OR OTHERWISE.
12.2 OUR MAXIMUM AGGREGATE AND CUMULATIVE LIABILITY OF US TO YOU SHALL BE LIMITED TO 1 000 SEK. WE EXPRESSLY EXCLUDE ANY AND ALL LIABILITY TO ANY THIRD PARTY.
13.1 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, OR DEMANDS OF LIABILITY, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES AND COSTS IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SERVICE OR YOUR VIOLATION OF THESE TERMS.
14. TERMS APPLICABLE IF YOU USE AN iOS DEVICE
14.1 You acknowledge and agree that Apple Inc. and Apple’s subsidiaries are third party beneficiaries of the Terms, and that, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
14.2 Apple Inc. will not provide any support.
14.3 IN THE EVENT OF ANY THIRD PARTY CLAIM THAT THE APP INFRINGES A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, WE, NOT APPLE INC., WILL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT, AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM.
14.4 APPLE INC. WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER OR OBLIGATION TO PAY DAMAGE UNDER THE TERMS.
15. TERMINATION OF YOUR ACCOUNT
15.1 You may at any time terminate your use of the Service and close your account with us. These Terms will apply until your account has been closed. As a consequence of your termination, we will delete all information that can be attributed to you. To close your account, contact us at firstname.lastname@example.org.
15.2 We reserve the right, in our sole discretion and without prior notice, to terminate your account and your ability to use the Service, without liability for any damages this may cause you.
16. LAW AND VENUE
16.1 These Terms shall be construed in accordance with and be governed by the laws of Sweden, without regard to its conflict of law provisions.
16.2 Any dispute, controversy or claim arising out of or in connection with these Terms shall be finally settled by Swedish courts, with the Stockholm district court (Stockholms tingsrätt) as the court of first instance.
16.3 Consumers in the EU may also contact the relevant body for consumer disputes, for Swedish consumers the National Board for Consumer Disputes (Swe: Allmänna reklamationsnämnden), www.arn.se. We participate in such dispute resolution procedures and follow the recommendations given by such bodies.
17. CONTACT INFORMATION
If you have any questions regarding these Terms, please contact us at:
Chatflights International AB
114 11 Stockholm
Tel. +46 708 134677