This is the Terms and Condition Agreement (“Terms'') between the customer (“customer(s)”, “you”, “your” “yourself”) and DIGILYO TRAVEL LTD, a company organized and existing under the laws of Hong Kong, with registration number 3074602 , and owns the LYOTRAVEL brand.
DIGILYO TRAVEL LTD entered into License Agreement executed on 7th March 2022 with KINGO SMART TRAVEL AND TOURISM which is established and accorporated in the Emirates of Dubai, with trade license number 977976 to carry out travel operations as specified in the trade license in the brand name of LYOTRAVEL (hereinafter referred as “LYOTRAVEL”, “we”, “our”, “us”).
These Terms govern your access to and use of all parts of the website referring to the domain https://www.lyotravel.com/ (“Website”) and all documents, data, materials or other information made available on the Website.
i. are a natural legal person over 18 years of age;
ii. have read these Terms and have the authority to and agree to be bound by them;
iv. accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
1.1 “Trip(s)” means a carriage by air, train, bus or other means of transportation to the destination via Collaboration Partner or Provider(s). We display the offered Trip(s) on the Website together with the information on the departure and arrival airport (train/bus station or other specified location), Trip time duration and the identification of the Collaboration Partner or Provider(s). The Trip time duration may also include technical stopovers undertaken by the respective operating carrier during the Trip from the departure airport (train/bus station or other specified location) to the arrival airport (train/bus station or other specified location) on one leg of your journey. ‘Trip’ can also be used to mean two or more Trips to carry you to your destination.
1.2 “Destination” means the airport, train station or other selected place you choose from the offers listed on the Website and which is, according to your Booking, the last airport, train station or other selected place from the offers listed on the Website on your one-way journey. You can order a carriage for more than one Destination in a single Booking in the form of a multi-city carriage. The carriage to the Destination can also be arranged for two or more trip connections. We reserve the right to change any of the interim Destination(s) displayed in your Booking if it does not affect your ability to reach your final Destination, unless you select the interim Destination(s) in the form of a multi-city itinerary.
1.3 Multi-City/Staking Trip(s)” means a form of carriage which includes a combination of Trips which pass through one or more interim Destination(s), which you have expressly selected within the Booking. Please note that in the event that you have selected one or more interim Destination(s) where you will spend less than 24 hours before continuing your journey, we cannot guarantee that the respective Collaboration Partner or Provider(s) do not make any changes, or cancellations, to the Trip(s) within your travel to and/or from this interim Destination as listed in your original itinerary; in which case we are not responsible for any financial or other obligations to you or the Collaboration Partner or Providers in this regard.
1.4 “Trip Connection(s)means a form of carriage wherein you will need to exit the plane or other means of transportation at each given airport or other transition place and either change planes or other means of transportation, or re-board, in order to reach your Destination. In some cases, you may also need to change the Collaboration Partner or Provider when changing the plane, bus, train or other means of transportation.
1.5 “Collaboration Partner or Provider'' permits the LYOTRAVEL to deliver the Services to the Client;
(i) any company, service provider, carriage operator, either air, land or sea that provides consumer transportation services and with whom we broker a contract of carriage on your behalf;
(ii) any company or entity providing temporary accommodation services, i.e., hotels, resorts, guest houses;
(iii) any company or entity providing car rental services. Through the confirmation of the present Terms, the Client agrees to the Terms and Privacy Policies of each Collaboration Partner, without prejudice that any of these may require additional consent or validation necessary for the part of the Service they are in charge. Collaboration Partners may restrict their services to Clients who do not comply with Collaboration Partner’s risk appetite. All services regulated as e - money and/or payments services are exclusively provided by the Collaboration Provider (and never by LYOTRAVEL). Please find Our Collaboration Partner list below in this document.
1.6 “Service(s)” means the one of or multiple of the services provided by us as further stipulated in Article 2.
1.7 “Booking” means the purchasing process of Trip(s) including the finalization process of purchasing the ticket, which includes the following:
(i) your selection of one of our LYOTRAVEL ticket fares for the chosen Trip(s) or accommodation or car rental fees offered on the Website;
(ii)your selection of the Trip(s) or accommodation or car rentals listed on the Website;
(iii) eventual selection of offered transport-related Services and other offers related to your Booking including Service packages;
(iv) completing the information required in the online booking form on the Website;
(v) your acceptance of the Terms stated hereunder and our immediate performance of Services;
(vi) sending us the completed online booking form;
(vii) and making the payment of the full price through the appropriate payment method.
1.8 “Booking process”, in order to do the Booking by LYOTRAVEL, you shall signup and register on the Website. Once you have signed in, you can book your flights and hotel packages through the online booking form. By making the Booking, you accept the offer of our Services. The Booking is completed by confirming our acceptance of your payment.
1.9 “Contract of Carriage” means the agreement of carriage and related Services concluded between you and the Collaboration Partner or Provider based on the provisions of our brokerage Services provided upon the Service agreement.
1.10 “Partner” means any co-branded and/or linked website through which we provide links, content or Services.
1.11 “Cryptocurrency” means a digital representation of value that can be digitally traded, or transferred, and can be used for payment or investment purposes. Cryptocurrency does not include digital representations of fiat currencies, securities and other financial assets.
1.12 “Wallet” means a storage which is used to digitally and securely store, send, and receive cryptocurrencies. The Wallet holds one or more public addresses that act as cryptocurrency account numbers and can be used to receive that particular asset. Blockchain is a linear chain of multiple linked blocks that are cryptographically secured. Each block contains, among other things, a list of recent transactions and a reference to the block that came immediately before it.
1.13 “Payment” is the transfer of currency made for the Services provided by us. Payment can be made either by “fiat currencies'' and/or “Cryptocurrencies''. LYOTRAVEL currently accepts Bitcoin, Ethereum, BNB Coin and LYOCREDIT tokens (50 more Cryptocurrencies to be added in the future). Crypto Transfer shall be made via any regulated crypto exchange or trust wallet. Fiat currency payment shall be made either by Visa and Mastercard credit/debit cards. (Please refer to Article 4 for further information).
1.14 “Service Agreement” means the agreement on the provision of the Services concluded between you and us. The Service Agreement is concluded upon completing Booking. The purpose of the Service Agreement is to set forth the contractual relationship between you and us on the basis of which we will provide you with the Services related to your Trip to the chosen Destination with a Collaboration Partner or Provider for the full price. These Terms form an integral part of every Service Agreement.
1.15 “Additional Services'' means the services provided by us related to your Trip which consist of arranging the Services that are offered by the Collaboration Partner or Provider and/or any other third party, such as preferred meals, checked luggage, preferred seat selection, Trip/passenger’s name change, priority boarding, passenger’s Trip itinerary cancellation, passenger’s Trip rebooking, processing of refund requests due to a Trip cancellation made by a Collaboration Partner or Provider, etc. The fee for these services charged by the respective Collaboration Partner or Provider and/or any other third party is not included in the full price, unless You add them during the Booking. If you order Additional Services after the Booking, we will offer you the processing of these services for an additional handling fee (as defined below in Article 2.2.4) and under the conditions pre-agreed by you choosing the respective LYOTRAVEL ticket fare and/or purchasing the respective Service package; in such case, the Additional Services are provided by us on the basis of separately concluded additional service agreement.
1.16 “Additional Service Agreement” means the agreement on the provision of the Additional Services concluded between you and us separately, upon your request received by us after the Booking completion; the Additional Service Agreement may be concluded by the various means of the distance communication, including telephone communication. These Terms always constitute the integral part of the Service Agreement or the Additional Service Agreement concluded between you and us (regardless of the means of communication used for the contracting process) and by the conclusion of the respective agreement you agree to be fully bound by them.
1.17 “Full Price” the price that we charge you for the provision of our Services (considering the selected LYOTRAVEL ticket fare and Service package) plus the price for the Trip ticket(s) and other related Services (e.g., priority boarding, additional luggage, meal, etc.). The Full Price is further defined in Article. 3.1 hereof.
1.18 “Trip Disruptions” means a change in Trip schedule due to which you will not have sufficient time to change planes or other means of transportation for Trip Connection, which negatively impacts your ability to reach your Destination or your arrival at the Destination shall change by more than 24 hours from the originally scheduled arrival, i.e., due to Trip Disruption, you would miss your Trip Connection(s). The assessment of a reasonable time limit for changing planes or other means of transportation for Trip Connection(s) will be done individually and in accordance with the specific standard transition times provided by the airport or other place of transition.
1.19 “Customer Support Services” means our supporting Services consist in the availability of the communication channel via email which we shall provide you on your request with all the information we are obliged under these Terms, eventually to accept and communicate about any request by you for any Additional Services, or any other inquiry, request or complaint by you regarding your Booking, our Services or our Website.
1.20 “Website” means our LYOTRAVEL Website, including the sub domains for respective markets and/or our other websites or applications on which you can make the Booking.
1.21 “LYO CREDIT” is the utility token used in our partner LYOPAY ecosystem of Services which shall be usable on the platform to transact for the Services provided by us. LYO CREDIT may not be used to transact for Services of our partners which do not accept LYO CREDIT as a means of payment. These circumstances shall be specified during the booking process.
1.22 “Complete Information” means you must provide us with complete, accurate and correct information and all data necessary for our provision of the Services to you (including personal data) necessary for the conclusion of the Contract of Carriage with (a) Collaboration Partner or Provider(s), for billing and Trip tickets delivery, etc.), for which you are requested during the Booking or any time before or after. It is your responsibility to ensure that all the information is correct and updated at the time of the Booking and this information will be in this form valid and complete at the time of your travel. We are not responsible for any damages, additional costs or any other issues or complications that may arise as a result of your failure to provide us with complete, correct and accurate information during the Booking process.
1.23 “Group Booking(s)” is a special feature rendered as a Service in LYOTRAVEL, which means the Booking can be made by groups of 20 passengers or more. In order to make a Group Booking, all customers of that group must travel together on a common Trip/date on a single itinerary. This Service is ideal for groups of students, sports teams, corporate tours or meetings, and/or for tourist groups. Group Bookings are subjected to special discount rates provided by LYOTRAVEL. Such discount rates may differ from time to time and we reserve the right to eliminate the special discounts offered to you, at any time we prefer.
1.24 “Multi-Wallet Payment” is a crypto Payment method available for the Group Bookings in LYOTRAVEL, where you can make the Full Price Payment through multiple wallets. For example, each customer in the Group Booking can do the Payment from their own wallets to complete the Full Price Payment. For Example, if the Full Price for the Trip is USD 2000, each one in the Group Booking can do part payments and complete the Full Price Payment. In addition, Multi-Wallet Payment allows you to pay by various Cryptocurrencies to complete the Full Price Payment. For example, if the Full Price of the Trip is USD 2000, you can pay the Full Price by transferring Bitcoin, Ethereum, BNB Coin or LYOCREDIT tokens, from different wallets for the value of Full Price to complete the Payment.
2- SERVICE AGREEMENT:
2.1 Our Services shall consist of the following:
2.1.1 displaying the offered Trips and their combinations on our Website; utilizing our algorithms and other data to provide you with a selection of tailored travel itineraries on our Website which enables you to assess and manage the risk of missed transportation connections and related disruptions to travel plans;
2.1.2 brokerage of the Contract of Carriage between you and the Collaboration Partner or Provider;
2.1.3 delivery of the Trip tickets (itinerary) for the selected Trip(s) to you, which you have purchased;
2.1.4 performance of online check-in (in the event that it is available, which will be indicated in your e-ticket) with regard to the respective Trip(s) within your Booking, provided that you will provide us with the all information required for this purpose by the Collaboration Partner or Provider(s), as indicated by us, in relation to all persons included within your Booking, not later than 24 hours prior to the departure of the first Trip in your itinerary; otherwise, online check-in shall not be part of our Services. In case you do not use the online check-in provided by us or fail to use the online-check prior to the 24 hours deadline, you agree to arrange the check-in without our assistance, in accordance with the Collaboration Partner or Provider's terms and conditions and Conditions of Carriage, in which case you shall be responsible for any potential costs or fees related to a direct check-in with the Collaboration Partner or Providers (if any) without having a claim against us for the reimbursement of such costs or for the refund of any part of the full price paid by you.
2.1.5 booking of accommodation at hotels, guest houses, boarding houses, resorts or any other temporary accommodation Collaboration Partner or Providers on your behalf based on your specifications.
2.1.6 brokerage of car rental on your behalf with our Collaboration Partner or Providers based on your specifications.
2.1.7 In addition to the provision of the previously described Services, we may provide you with our extended guarantee providing you with specific remedies in case of the Trip Disruption.
2.2 Additional Services:
2.2.1 Please note that our Services provided to you on the basis of the Booking do not include the Additional Services, unless stated otherwise, and in relation to these Additional Services we shall agree with you separately, concluding the Additional Service Agreement, only for a fee and under the conditions pre-agreed by you choosing the respective ticket fare and/or Service package during the Booking procedure, aside from the Service Agreement concluded on the basis of your initial Booking.
2.2.2 The Additional Service Agreement and the agreement for the Services order by you with the respective Collaboration Partner or Provider or any other third-party service provider are two separate legal contracts constituting the mutually independent relationships, except in cases whereby the virtue or nature of the Additional Service Agreement it is accessory to the Contract of Carriage or other agreement for Services, and we do not bear any liability for the provision of the respective Service.
2.2.3 Please note that the Additional Services may also be subject to additional charges which you will be obliged to pay, imposed by the Collaboration Partner or Providers or any other third parties processing your request for Services brokered by us within the provision of the Additional Services, and you will be acquainted with the amount of these additional charges prior to your ultimate purchase of the respective Additional Service.
2.2.4 Additional Services in the form of arranging voluntary Trip(s) alteration, change, cancellation, processing of the refunds of any kind with the Collaboration Partner or Provider and/or processing of any other of your requests regarding your Booking are charged by our additional handling fee (hereinafter referred to as the “Handling Fee”). The Handling Fee will be charged separately or will be set off against the refund of the Trip price and/or other refunds from the Collaboration Partner or Provider(s).
2.2.5 By concluding the Additional Service Agreement, you commit to provide us, upon our request, without undue delay considering the nature of your request, but not later than within 48 hours, with all reasonable assistance (including disclosing specific information and presentment of documents in a specified form) needed for a prompt and effective performance of our obligations under the respective Additional Service Agreement.
2.2.6 You can change the date, time, or departure or arrival city (or all four) of your travel, minimum 48 hours prior to departure. Changes to the Trip are subjected to handling fee, and/or any charges applicable according to the terms and conditions of Collaboration Partner or Providers.
2.2.7 You acknowledge that you can cancel your flight no later than 48 hours before the time of departure. If it Is later than 48 hours, you will need to contact the airline directly for cancellation.
2.2.8 Please note that we do not guarantee that we will assist you in relation to the processing of Additional Services requested within the last 48 hours prior to the departure of your first Trip in your itinerary, or any time thereafter, as we may be unable to arrange the processing of your request within this time period; the conditions of the respective LYOTRAVEL ticket fare may set out the different specific rule regarding our provision of Additional Services consisting in the voluntary cancellation of Trip itinerary and processing the related refund request or rebooking of Trips, that shall prevail over the provisions of this Article in case of any discrepancy.
2.3 Means of distance communication and costs:
2.3.1 We will not charge you any extra costs in addition to the Full Price for the use of means of distance communication that we use in order to communicate, negotiate and enter into the Service Agreement with you, i.e., there are no service charges for our communication with you via the internet or over the telephone.
2.4 Service agreement and Contract of Carriage as two separate legal relationships:
2.4.1 You should note that by the completion of the Booking, you enter into:
(i) the Service Agreement concluded with us as a separated agreement from;
(ii) the Contract of Carriage for air, train, bus or other transportation to be concluded with the Collaboration Partner or Provider(s) using our intermediary Services in accordance with these Terms. These two legal relationships are mutually independent, concluded with different parties, (i) you and us on the one hand; (ii) you and the Collaboration Partner or Provider on the other, and as such these relationships are regulated by different rules, terms and conditions and usually are governed by different legal orders.
2.4.2 Please always be aware that we are not the provider of air, train, bus or other transportation services and your contractual rights and obligations stemming from the Contract of Carriage must be performed in relation to the Collaboration Partner or Provider(s). The circumstances under which you may withdraw from and/or amend the Service Agreement are explicitly stated in these Terms.
2.4.3 Please note, that the right to withdraw from the contract within 14 days of its conclusion, in accordance with the applicable EU regulation, applies to the Service Agreement concluded between you and us. In relation to the potential withdrawal from the Contract of Carriage concluded with the Collaboration Partner or Provider, the terms and conditions of each of the respective Collaboration Partner or Providers shall apply. Cancellation terms are further defined in Article 6 hereof.
2.5 Personal details or data correction:
2.5.1 The Website contains an interactive web interface through the use of which the Service Agreement between you and us is concluded by completing and sending us the online booking form and our confirmation of the acceptance of your online payments. Before sending the online booking form, you are able to check, change and correct any data You have entered.
2.5.2 The respective agreement shall be concluded on the basis of your explicit and binding offer to conclude the Service Agreement or Additional Service Agreement addressed and communicated to us via email.
2.5.3 Terms of the respective agreement, including the terms of LYOTRAVEL ticket fare and/or the respective Service package chosen by you (if applicable) shall be specified and mutually approved before submitting your binding offer.
2.5.4 You shall be informed about the applicable terms of the respective agreement sufficiently in advance together with all information we are obliged to provide you with before its final conclusion or your binding offer for its conclusion.
2.5.5 The Service Agreement or the Additional Service Agreement negotiated via email is concluded by our confirmation of our acceptance of your payment. The conclusion of the Service Agreement via email qualifies as Booking under these Terms.
2.5.6 Via email you will be able to ask for confirmation of, change, and correct any data you have provided to us for the purposes of the conclusion of the respective agreement.
2.6 Displayed Prices:
2.6.1 The prices displayed on the Website include the base fare to the Destination, the airport charges, VAT and fee for our Services.
2.6.2 All these components of the displayed price are shown as a single Full Price. However, given the character of our Services, our prices cannot include any extra fees charged by the Collaboration Partner or Provider, or any other third party in connection with the carriage to the Destination.
2.7 Service Agreement conclusion:
2.7.1 By concluding the Service Agreement, we undertake to perform our obligations related to the provision of the Services under these Terms and you undertake to pay us the Full Price. By completing a Booking, you enter into the Service Agreement with us.
2.7.2 You also authorize us to use your personal details which will be issued solely for the purposes of financial settlement with the Collaboration Partner or Provider(s).
2.7.3 Please be informed that the confirmation e-mail of your Booking is the proof of the conclusion of the Service Agreement between you and us; and the confirmation e-mail of the Additional Services ordered after the Booking is the proof of the conclusion of the Additional Service Agreement between you and us.
2.8 Change or cancellation of the Trip(s):
2.8.1 We reserve the right to change or cancel any Trips and/or intermediary airport that we offered to you if a Collaboration Partner or Provider’s offer changes; especially if the change concerns the features of the Trip tickets you have selected, namely when the price of your selected Trip(s) increases between the moment we accept your Booking and the moment we complete the reservation processing.
2.8.2 During the provision of our Services, the Conditions of Carriage are changed by a Collaboration Partner or Provider in the aforementioned manner, we will notify you accordingly in a reasonable manner and make every effort to offer you reasonable alternate carriage options.
2.9 Brokerage of the Contract of Carriage:
2.9.1 We are responsible primarily for brokering the Contract of Carriage between you and a Collaboration Partner or Provider.
2.9.2 By making a Booking, you instruct us to broker a Contract of Carriage between you and a Collaboration Partner or Provider. The content of any such Contract of Carriage will be determined by your selection of the Destination and other Trip attributes on our Website and the Collaboration Partner or Provider’s Conditions of Carriage; shall be some Trip attribute not specified entirely by your selection, you agree and authorize us to broker the respective Contract of Carriage under our discretion regarding those attributes considering the offers available to us, including using the offers of the Collaboration Partner or Providers not publicly available or conditional on registration or membership and/or preferring the available offers with the lowest price as offered by the Collaboration Partner or Provider while the scope of the related rights and level of the service may be limited to the most restrictive extent offered by the Collaboration Partner or Provider, however, always complying with your selection of the Trip attributes (e.g. we may book a lowest fare/class available).
2.9.3 A brokered Contract of Carriage can be applied to the carriage of more than one person and/or a person(s) other than yourself; however, the Contract of Carriage is always concluded between you (as the person making the Booking) and the Collaboration Partner or Provider.
2.9.4 The price for the carriage services provided under the Contract of Carriage brokered by us with the Collaboration Partner or Provider(s) is included in the Full Price and if not specifically ordered during the Booking it does not cover any extra services provided by the Collaboration Partner or Provider in connection with the carriage to the Destination.
2.9.5 We shall broker the Contract of Carriage for you without undue delay after our acceptance of the payment of the Full Price by you and for this purpose you are entitling us, in this respect, to act on your behalf with the Collaboration Partner or Provider(s). PLEASE NOTE THAT THE SERVICE AGREEMENT BETWEEN YOU AND US AND THE CONTRACT OF CARRIAGE BETWEEN YOU AND THE COLLABORATION PARTNER OR PROVIDER(S) ARE TWO SEPARATE AGREEMENTS.
2.10 Power of Attorney:
2.10.1 If the Service(s) and/or Additional Service(s) is/are only provided to you on the basis of a Power of Attorney, you, by entering into the respective Service Agreement or Additional Service Agreement with us, appoint us as your attorney-in-fact and grant us all such powers to represent you in the extent necessary for the provision of all Services and/or Additional Services by us.
2.10.2 If a written Power of Attorney is required, you must undertake to provide it to us upon our request.
2.11 Trip Ticket Delivery:
2.11.1 We will send you our e-ticket(s) with the necessary information for each respective Trip purchased from the Collaboration Partner or Provider to your email address provided during the Booking process on our Website.
2.11.2 It is necessary that you enter your email address in the correct and unabbreviated form.
2.11.3 We are not liable for the faulty delivery or non-delivery of e-ticket(s) for a Trip, if caused by circumstances on your part such as entering an incorrect email address or incorrect email settings.
2.11.4 You must notify us without undue delay of any changes to your contact information that may affect our ability to deliver the ordered Trip e-ticket(s) to you. 2.11.5 PLEASE NOTE THAT WE DO NOT DELIVER TRIP E-TICKET(S) IN PAPER FORM; THEREFORE, PLEASE PRINT OUT THE TRIP E-TICKET(S), BOARDING PASS(ES), VISA(S), AND A COPY OF YOUR PASSPORT AND/OR OTHER TRAVEL DOCUMENTS REQUIRED BY THE COLLABORATION PARTNER OR PROVIDER(S) AND/OR RELEVANT AUTHORITIES AND TAKE THEM WITH YOU TO THE AIRPORT, BUS OR TRAIN STATION OR OTHER DEPARTURE LOCATION.
2.12 Legal Capacity By conclusion of the Service Agreement or Additional Service Agreement, you express and represent to us that you have the necessary legal capacity to enter into and be bound by these Terms and that you are familiar with these Terms of each of the respective Collaboration Partner or Providers; namely their terms regarding potential withdrawal from or termination of the Contract of Carriage, voluntary and involuntary cancellation and change of the Trip(s), and/or any other changes related to the Trip(s).
2.13 Our Service prerequisites:
2.13.1 You hereby acknowledge and agree that as the necessary prerequisites of a due provision of our Services, we may:
(i) fulfill the payment obligation(s) under the brokered Contract of Carriage with the Collaboration Partner or Provider(s) on your behalf using our mean(s) of payment;
(ii) use our contact details for the purposes of conclusion of the brokered Contract of Carriage with the Collaboration Partner or Provider(s) on your behalf, which means that the communication between you and those Collaboration Partner or Providers shall be intermediated by us.
2.13.2 By accepting these Terms, you instruct us to make these actions within the provision of our Services, whenever it is reasonable for our operations, based on our sole discretion.
3- FEES, COSTS AND CHARGES:
3.1 Full Price:
3.1.1 The Full Price that is displayed on the Website is the final price for the Trip ticket(s) and it includes the base fare to the Destination, the airport charges, chauffeur charges, border crossing fees, VAT and price of our Services provided to you.
3.1.2 Provided you add them during the Booking, Full Price includes also other fees, charges or payments for Services related to your carriage under the Contract of Carriage, which are provided by the Collaboration Partner or Provider(s) and/or third parties, such as priority boarding, additional luggage, meal, etc.
3.1.3 The Full Price Payment shall be made as explained in the Article 1.13of these Terms.
3.1.4 The Full Price may also be paid in LYO CREDIT where applicable and specified. Until we receive the payment of the Full Price from you and confirm its acceptance to you, we are not obliged to commence the provision of any Service(s). You explicitly agree and authorize us to use the payment details you provide to us for the purposes of your payment under these Terms for the execution of the payment(s) of the base fares of Trip(s) tickets and prices of other carriage-related Services included in your Booking directly to the particular Collaboration Partner or Provider(s) or service provider(s).
3.1.5 Please note that based on your choice of the Payment method by specific type of the payment card, we may charge you with additional payment surcharge; You will be always notified about this specific surcharge and its amount before your final confirmation of the Payment and you will be provided with option to select a different, free-of-charge payment method (if applicable).
3.1.6 Information about the Full Price is provided as final and binding with the exception of an apparent error in the amount of the Full Price; in these cases of apparent errors in the Full Price, we are entitled to unilaterally withdraw from the Service Agreement without further notice.
3.2 Price change:
Please note that in case the price of the Trip ticket(s) changes any time after you make your Booking with us, namely when the price becomes lower, we are not obligated to provide you with any kind of a refund, because we booked your Trip(s) and processed the respective payment(s) for the price valid at the time of your Booking and we are unable to make any further changes in this regard.
In case any remedy is provided to you, you hereby assign us any refunds which shall be provided by the respective Collaboration Partner or Provider(s) to our account.
4- PAYMENT POLICY:
4.1 Subjected to Article 1.13, the Payment can be made either by fiat currencies and/or Cryptocurrencies.
4.2 Crypto Transfer shall be made via any regulated crypto exchange or trust wallet. In accordance with Article 1.24, Multi-Wallet Payment will be accepted in Group Booking Services.
4.3 Fiat currency payment shall be made by (Visa and Mastercard) either credit/debit cards in Euro, USD and/or AED. We accept all major credit/debit cards issued globally. If the credit/debit card does not belong to the customer who is Booking with us, in such circumstances, it is considered as a third-party payment. You will be required to provide additional details we request from you.
4.4 The cardholder must retain a copy of transaction records for any inquiry purposes.
4.5 Please note fares are guaranteed only upon ticketing and not upon submission of payment. In the event of any issues with our Payment process we will notify you within 24 hours.
5 REPRESENTATION AND LIMITED WARRANTY:
5.1 We represent and warrant to you, that we shall perform the brokerage Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services, and shall devote adequate resources to meet our obligations under these Terms.
5.2 We represent and warrant to you, that within provision of our brokerage Services we will provide you ONLY with documents, information and data necessary for your journey as brokered by us in compliance with your instructions and the information provided by you within the Booking, unless we shall afterwards agree on the provision of the Additional Services for the Handling Fee and strictly under the conditions pre-agreed by you choosing the respective LYOTRAVEL ticket fare and/or Service package.
5.3 We shall not be liable for a breach of the warranty unless you give notice of the defective Services, reasonably described, to us within 14 days of the time when you discover, or should have discovered, that the Services were defective. In such cases, we shall either amend or correct the defective part of your itinerary or we shall credit or refund the price of such tickets and Services at the pro rata contract rate.
5.4 Please note that the term breach of warranty mentioned in Article 5.3 is different from the term of cancellation or refund policy provided by us.
6- CANCELLATION AND REFUND POLICY:
6.1 You can cancel your Trip no later than 48 hours before the time of departure. If it is later than 48 hours, subjected to cancellation charges (if applicable) you will need to contact the airline directly for the Cancellation. In the event of cancellation of hotel booking you will need to contact the airline directly for the Cancellation.
6.2 Please be aware that there are two ways of Payment methods available in LYOTRAVEL and your Cancellation or Refund Policy depends on the payment method you choose. (Read Article 1.13 for further information.)
6.3 Please note that the cancellation and refund of your Trip, hotel, car bookings and other Services you agreed to are subjected to cancellation charges and/or surcharges and/or network fee as applicable by the Collaboration Partner or Providers or the network you enter into the transaction. However, some Trip and hotel bookings are non-refundable, for example if you cancel a non-refundable hotel booking or cancel your booking after the hotel’s cancellation deadline, you will not be able to get a refund, no matter how you paid. By agreeing this Term, you agree and acknowledge that the terms and conditions related to the refund policy of each of the respective Collaboration Partner or Providers shall apply.
6.4 Given the character of our Services and Additional Services, which we will start providing immediately after the conclusion of the respective agreement with you. For instance, after the expiration of the 14-day withdrawal period according to EU legislation, you shall not withdraw from the agreement on these services within a 14-day period after its conclusion, or at any time thereafter, even if you are a consumer resident of an EU member state to whom this right generally applies. Your order of these services made via conclusion of the respective agreement between you and us will be considered as your request for and the explicit consent with the immediate provision of our Services.
6.5 Subjected to Article 6.3, in the event you cancel and withdraw the Trip booking because of unavoidable and extraordinary circumstances, within the period of seven (7) days (this term is subjected to the terms and conditions of payment gateway refund policy deadlines, and volatility nature of the Cryptocurrency), starting from the date of conclusion of the Service Agreement, we shall offer you;
6.5.1 a LYOTRAVEL voucher covering the Full Price or;
6.5.2 refund you the Full Price of such Trip Booking and Services. 6.6 In accordance with Article 6.3, in the event you cancel and withdraw the Trip booking with us after the period of seven (7) to fourteen (14) days, starting from the date of the conclusion of the Service Agreement, we shall; 6.6.1 Issue a LYOTRAVEL voucher covering the Full Price or;
6.6.2 Charge you a Handling Fee of 10 € (euro) for fiat payment and/or25 € (euro) for Crypto payment respectively and refund the price of such Trip booking and Services.
6.7 Please note that there will be no withdrawal of Service Agreement or refund from the expiration of the fourteen days (14) days from the day of the conclusion of the Service Agreement, even if you are a consumer resident of an EU member state to whom this right generally applies. In such circumstances, if you cancel your Trip after expiration of 14 days from the date of conclusion of the Service Agreement, you shall follow the process mentioned in Article.
6.8 The process of Refunding may take seven (7) to fourteen (14) working days. Article 6.1. 6.9 In the event of a Crypto transaction, we will credit the cryptocurrency back into your Wallet from which the payment was made. You will need to provide us with the Wallet Address through which you had made the payment. Please be aware that this term is subjected to all subsections of Article 6.
7- DISCLAIMER OF WARRANTIES:
Except for the warranty in Article 5 above, we do not make any other warranties/guarantees whatsoever with respect to the services, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. The provision of the customer support services does not imply any obligation, representation or warranty regarding the provision of any requested information, communication or services that is not set forth explicitly in these terms and conditions. Please note that we reserve the right to provide you (under our sole and exclusive discretion) with more favorable terms of our Services, Additional Services or any other Services provided under these Terms than those we are obliged to follow hereunder. We may do so on the individual basis or within any time- and/or territory-limited campaign, but always without any prejudice to the future treatment of you or any other our customers, or without establishing the binding practice prevailing the rules set forth herein. At any time, we may cease to provide or modify such beneficial treatment under our sole and exclusive discretion, nevertheless, without affecting the benefits already provided.
8- CONDITIONS OF CARRIAGE:
8.1 You acknowledge that terms of Conditions of Carriage will apply to your contractual relationship with the Collaboration Partner or Provider and that you shall make yourself aware of such terms and conditions before the Service Agreement is concluded and you complete the Booking. By concluding the Service Agreement, you hereby acknowledge that the Trip(s) included in your Booking may not be part of the “frequent flyer programs” of the Collaboration Partner or Provider(s).
8.2 We will provide you with all necessary documents for your journey. However, it is your responsibility to check that all documents have been received and are in order. We are not responsible for any issues arising due to your failure to ensure that you have all the correct and adequate passport documentation with sufficient validity (at least six months), visas, or other travel documents required by any airline, authority, or the Destination, including countries you may only be transiting through.
8.3 If You have not received any documentation from us, or you believe that some of the documentation is missing or inaccurate, you must contact and inform us immediately and we will make our best effort to provide you with all the necessary documentation.
9- TRIP CONNECTION(S) ARRANGEMENT:
9.1 In some cases, with Trip Connections, or carriage to the Destination and back, the carriage to the Destination is arranged so that you receive the relevant one-way ticket (or tickets) for each part of your route, i.e., each Trip en route to your Destination (or back from your Destination). If this is the case, please be aware that:
9.1.1 Each Trip may be subject to different rules, especially if operated by a different Collaboration Partner or Provider;
9.1.2 When changing planes or other means of transportation, you need to collect your luggage and have to personally check it in for the next Trip; if you do not use a transfer/transit Trip but a separate one-way Trip, they are sometimes operated by a different Collaboration Partner or Provider.
9.1.3 Once in the airport or other transition place it is your responsibility to ensure that you catch the relevant Trip Connection based on all information available at the airport or train/bus station concerning gate changes, terminals, transit time to gates etc.
9.1.4 We are not responsible for any issues arising from your missing a Trip Connection and/or taking an incorrect Trip.
10- VISA FORMALITIES:
We are under no obligation to advise you to obtain visas nor assist you in obtaining visas or obtain visas for you to the Destinations that you will visit and/or pass through enroute to your Destination. However, we do generally advise you that some of the Destinations may require a visa from you and that it is your responsibility to obtain the required visas early enough, and at your own expense. PLEASE NOTE THAT WHEN USING TRIP CONNECTIONS, YOU MAY BE REQUIRED TO OBTAIN TRANSIT VISAS EVEN IN ORDER TO CHECK IN FOR THE CONNECTING TRIP.
11- PERSONAL DATA PROCESSING:
12- FORCE MAJEURE:
In case we are prevented, delayed or hindered from commercially reasonable fulfillment of any of our contractual or other obligations towards you, due to reasons of Force Majeure, including, but not limited to factual, technical, political, economic, meteorological circumstances, including but not limited to Acts of God, natural disasters, epidemic, action of government, wars, civil conflicts, protests, riots, blackouts, strikes, stoppages, accidents any regulatory action, outage or restrictions of supplies of goods or services, restrictive travel orders and recommendations and other circumstances that LYOTRAVEL cannot reasonably resolve, either or not foreseeable by us, and which materially impacts our ability to perform our obligations under these Terms, we are exempt from any derived legal responsibilities arising from such deficiencies or non-compliances related to the effect of force majeure.
14- FRAUDULENT TRANSACTION PROTECTION:
14.1 To ensure the high standard of our Services and to protect against fraudulent transactions, we reserve the right to perform checks (verification) of payment cards. For this reason, we may request your cooperation to verify the identity of the payment card holder. Until successful verification, our obligation of immediate commencement of the provision of our Services is suspended. In this event your funds will be blocked at the bank and therefore we will not withdraw them. The time that it will take to verify a payment card is not included in the period within which we undertake to broker a Contract of Carriage for you.
14.2 In the event of Crypto Transaction, you agree to do the payment through regulated exchanges in order to avoid fraudulent transactions.
15- DISCHARGE OF PERFORMANCE:
Your obligations and our obligations under the Service Agreement will be discharged, and the Service Agreement performed, when you pay the Full Price for the provided Services to you.
16- WAIVER OF LIABILITIES:
We are not liable for any damage, harm or loss arising out of any actions or omissions of a Collaboration Partner or Provider or other third parties in connection with carriage to the Destination. Nor are we liable for any damage, harm or loss arising out of your actions or omissions that are contrary to these Terms.
17- GOVERNING LAWS:
The Service Agreement and any legal relations established under it or derived from it, including issues of its formation and validity, shall be governed by the laws of the Emirate of Dubai, United Arab Emirates with the exclusion of any rules on conflict of laws.
18- INTERNAL COMPLAINTS RESOLUTION PROCESS:
The Service Agreement and any legal relations established under it or derived from it, including issues of its formation and validity, shall be governed by the laws of the Emirate of Dubai, United Arab Emirates with the exclusion of any rules on conflict of laws.
18.1.1 If you have any complaints or other inquiries, your first step is to contact us via email to [email protected] Link support.lyotravel.com. LYOTRAVEL has adopted this Complaints procedure in order to ensure a fair and quick process for handling all complaints that may arise.
18.1.2 Your complaint should include the following details: a. Full Name b. Registered Email c. A summary of your compliant and the disputed amount.
18.1.3 We will acknowledge receipt of your compliant within 24 hours from the receipt of your compliant.
18.1.4 In any exceptional circumstances, if the representative is unable to respond your complaint within 24 hours beyond our control, the representative will send you a communication indicating the reasons for any delay in answering your Complaint, and specifying the deadline by which the representative will respond to your Complaint, which will be no later than 48 hours from our receipt of your complaint.
18.1.5 We shall make every effort to investigate your complaint and provide you with the outcome of our investigation within one (1) week from the date you submitted your Complaint to us.
18.1.6 In the event your complaint requires further investigation and we cannot resolve it within one (1) week, we will issue a holding response in writing or another durable medium. When a holding response is sent, it will indicate the causes of the delay.
18.1.7 In any event, we shall provide you with the outcome of our investigation no later than two (2) weeks from the issuing of the holding response, depending on the complexity of the case and your cooperation.
18.1.8 In the event, when we reach any outcome, we will inform you of it together with an explanation of our position and any remedy measure if applicable.
18.1.9 Please note that LYOTRAVEL shall consider your complaint as closed and cease the relevant investigation in case you fail to respond to our representatives within the period of one (1) week from the date of the submission of your Complaint.
18.1.10 IN ANY CIRCUMSTANCES, FAILURE TO FOLLOW THE ABOVE-MENTIONED INTERNAL COMPLAINTS RESOLUTION PROCESS OF THESE TERMS, BEFORE FILING AN ARBITRATION CLAIM OR SUIT IN ANY LOCAL SMALL CLAIMS COURT OR INSTITUTION, WE SHALL HAVE THE RIGHT TO ASK THE ARBITRATOR TO DISMISS YOUR FILING OF COMPLIANT, UNLESS YOU COMPLETE THE INTERNAL COMPLAINTS RESOLUTION PROCESS.
19- DISPUTE RESOLUTION PROCESS:
19.1 In the event, if you are not satisfied with the Internal Complaint Resolution Process made, you shall have the right to refer your complaint to the Arbitration process.
19.2 London Court of International Arbitration (LCIA) shall be the Arbitrator and shall have the exclusive power, including limitation of any objections with respect to the existence, scope or validity of the Agreement to Arbitrate. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by LCIA.
19.3 Institution and applicable procedure rule will be the LCIA Arbitration Rules which came into effect from 1st October 2020. Where any agreement, submission or reference howsoever made or evidenced in writing (whether signed or not) provides in whatsoever manner for arbitration under the rules of or by the LCIA, between you and us, be in writing and shall be conducted in accordance with the LCIA Rules or such amended rules as the LCIA may have adopted hereafter to take effect before the commencement of the arbitration and that such LCIA Rules form part of these Terms.
19.4 The arbitration shall be conducted by a sole, neutral arbitrator and shall take place in LCIA London or another mutually agreeable location by both parties, in English Language.
19.5 The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in the UAE courts. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.
19.6 In the event the Internal Complaint Resolution and our proposed Arbitration provided fails, the courts of the UAE shall have complete jurisdiction over all disputes arising between you and us, unless provided by the mandatory applicable laws otherwise.
19.7 Pursuant to EU Regulation No. 524/2013, EU consumers are also entitled to commence the out-of-court settlement of consumer disputes on-line through the ODR platform for the online resolution of consumer disputes accessible at ( ec.europa.eu/consumers/odr).
19.8 In the event the Internal Complaint Resolution Process and our proposed Arbitration provided fails, according to the Consumer Protection Law (Federal Law No (24) of 2006) of UAE, you shall have the right to choose the settlement which is more appropriate and shall either accept our proposed arbitration and/or to commence an action, you may choose a Court or Tribunal of UAE.
19.9 Prior to the commencement of any of the above methods of dispute resolution, you are advised to contact us through our email at support.lyotravel.com
20- CLASS ACTION WAIVER:
You and we, each agree that, to the extent permissible by law, any proceedings or claims, whether in arbitration or court, will be conducted only on an individual basis and not as a class, representative, or consolidated action. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including LYOTRAVEL. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding.
21- JURY TRIAL WAIVER:
You and we, each waive any right to a JURY TRIAL even for claims resolved in court.