Terms of Use
Version 1 dated 17/12/2016.
This Terms of Use constitute a legal agreement between you and us. By downloading, accessing or using the Website (as defined below) or App (as defined below) in any way, you are confirming that you have read and understood these Terms of Use and have agreed to be bound by them. If you disagree with any of the items below, please don’t use our Travel Search Service (as defined below).
What we do for you
We, Forsteny Universal Limited, a British Virgin Islands company (hereinafter referred to as “Forsteny”) operate this website, any other ‘MaxAvia’ branded websites (the “Website”) and any ‘MaxAvia’ branded application (the “ App”) allowing you to search for airline tickets, hotel rooms and car rentals (the “Travel Search Service” or “MaxAvia”).We are a global provider of flight and travel search services, serving users with instant online comparisons for a variety of flights, as well as car hire and hotels. When our users find a deal they want, we connect them to the site of a relevant airline or travel agent (collectively referred to as “Our Partners”) to make a booking directly with Our Partners. At that time you are redirected to Our Partners and all your further interactions take place with them, not with ‘MaxAvia’. We neither take bookings ourselves, nor do we hold any details of bookings or payments.
We act as a mere intermediary (provider of hyperlinks) and will not and cannot accept any responsibility or liability for correctness and accuracy of the information transmitted thought Travel Search Service, as well as failure to provide timely such information to you, or other technical problems related to operation of the Website and/or App.
We may update the Website and/or App, the way the information is presented and add/remove Partners appearing in the search results of Travel Search Service. We do it at our own discretion.
In consideration of you agreeing to abide by these Terms of Use, we grant you a non-transferable, non-exclusive licence to download, access and use the Website and/or Apps for your own personal, non-commercial purposes and for no other purpose, subject to these Terms of Use.
What we don’t do for you
We don’t sell tickets / bookings / etc. Our Travel Search Service only allows you to search for travel products, but you pay directly to Our Partners on their web sites. Hence, if you have questions, suggestions or service inquiries, please forward them directly to Our Partners. All mentions of Our Partners, including their trademarks and logos, are made for information purposes only.
We don’t recommend any tickets / bookings over other tickets / bookings. We provide the comparison tool and the information we collect from Our Partners. All decisions are yours. We don’t recommend one Partner over another Partner either. Same reason as above.
What we don’t want you to do
If you’re under 13, we do not want you to use the Travel Search Service without your parents’ or guardian’s supervision.
We do not want you to use the Travel Search Engine in any way for your own commercial gain.
Do not run automated search queries on our Travel Search Service. This may affect the operation of our Travel Search Service and make other users unhappy. This also includes spam and requests aimed at or likely to impair the performance and operation of the Travel Search Service.
Do not use the Travel Search Service in any manner whatsoever that may prejudice or damage Forsteny's business or in any illegal or illegitimate purposes.
We do not allow using our trademarks (‘MaxAvia’) and other intellectual property (including but not limited to copyright, patents, business names, design rights, database rights, know-how, trade secrets and rights of confidence) related to Travel Search Service (the “Intellectual Property”). You acknowledge that rights in the Website and App are licensed (not sold or otherwise transferred) to you and that by using the Website and/or App, you will not acquire any right or interest in the Website or in the App or in the Intellectual Property.
Do not misrepresent the nature of your relationship with Forsteny. You are not allowed to pretend to act on behalf of Forsteny in any capacity unless we explicitly authorize you to do so.
If you think we’ve done something wrong
Intellectual Property Infringement. If you think we’ve infringed on your Intellectual Property, please send us a detailed explanation to legal@forsteny.com, and we’ll review it within the reasonable time frame.
Arbitration. You expressly give up your right to go the court (individually or as part of a class action) and agree that all matters will be settled by binding arbitration of Riga Permanent Court of Arbitration in accordance with its International Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Riga, Latvia. The arbitration shall be held, and the award rendered, in English
Disclaimers
The Travel Search Service is provided to you “as is” without any warranties, including fitness for purpose. It provides generic information that doesn’t take your specific requirements into consideration. All the ticket/booking information we display comes from Our Partners and we don’t validate it for accuracy, availability, applicability, compatibility with your needs or citizenship / visa status, etc.
We are not responsible for the validity of information outside of our control related to exchange rates, weather, time zones and time difference, travel time, etc.
We disclaim any responsibility for any actions performed by you based on the information presented or implied on our Travel Search Service.
Because we don’t sell anything (see above), we can’t guarantee the availability of tickets or bookings, or that the price given to us by Our Partners will be the same price you will pay. We don’t guarantee that the price that will be displayed to you will contain ALL the charges and fees, including, but not limited to: airport charge, fuel surcharge, departure tax, checked baggage fee, credit card processing fee, etc.
We don’t guarantee your satisfaction with your flight or booking because the provisioning of service is beyond our control.
Theoretically, our Travel Search Service may go down or become unresponsive. In the unlikely event of this happening, we are not responsible for any inconvenience you incur. We may change these Terms of Use at any time without advance notice.
Limitation of Liability
Because we don’t charge you for anything, to the maximum extent permitted by the law of your country, we disclaim any liability for any damages arising from your use of Travel Search Service or from any aspect of your dealing with Our Partners.
Indemnification
You agree to indemnify Forsteny and its stakeholders against any claims, damages, losses, etc. brought by 3rd parties as a result of your misuse of the Website, App, Forsteny’s or Our Partners’ Intellectual Property.
Termination
Forsteny may in its absolute discretion immediately terminate this Terms of Use upon notice to you. Forsteny may suspend your use of the Travel Search Service without notice at any time, without incurring any liability to you whatsoever.
Miscellaneous
Your use of our Travel Search Service is governed by the laws of England & Wales. Any voidable provisions in these Terms of Use don’t render the entire Terms of Use void.
Privacy
We take your privacy seriously and operate a privacy policy which can be found at www.maxavia.com/privacy-policy.html. You acknowledge that your personal information submitted via this Website or App may be used by Forsteny in accordance with its privacy policy.
Contact
Questions, comments and requests regarding this Terms of Use are welcomed and should be addressed to legal@forsteny.com.
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