Terms of service

Terms of Service

Thank you for visiting our website https://bayfly.net (hereinafter referred to as the “Website")!

1. PREAMBLE TO THE TERMS OF SERVICE

Before using this Website, we ask you to carefully read the terms and conditions set forth in the Terms of Service (hereinafter referred to as the “Terms”). These Terms contain important information in respect of the Website use, as well as significant information and warnings about service provision you may receive using this Website. You are required to acquaint yourself with these Terms prior to proceeding with the use of the Website. If you do not agree to the terms and conditions outlined in the Terms, you shall not use the Website and immediately leave it. Each time you visit the Website, a unique user ID will be assigned to you (made for your convenience in the lower part of the Website), which you may use when communicating with the Customer Care Service. If you have further questions about the use of this Website, do not hesitate to contact the Customer Care Service: Tel: +994 (10)726 0001 24 hours a day, according to operator tariffs) Email: sales@bayfly.net

2. DEFINITIONS

2.1. “Agency”,” we” – BAYFLIGHT FZE, a company which maintains the Website and enables Users to book travel and other services by virtue of technical capabilities of the Website. The Agency acts as an agent (intermediary) between you and the Carrier/Service Provider. 2.2. “You”, “Customer”,” User”,” Purchaser”,” Passenger” is a natural person, who uses the Website and/or places the Booking in accordance with the terms and conditions determined in these Terms, as well as is a party to these Terms on Agency Ancillary Services and/or the Service provision agreement concluded with the respective Service Provider/Carrier. The User may also be a Purchaser and a Passenger, or a customer.
2.3. “Website” is open for free viewing by any person, a publicly available website operated by the Agency located on the Internet at the following address https://bayfly.net, with all pages, subdomains, as well as subdomain website of the Website Services and software by means of which the following are provided: • Services/Ancillary Services information display; • The technical possibility provision of the Booking / Order placement through the Booking System available on this Website, pursuant to the Terms. Website also serves as a technological platform, marketplace and/or advertising space for the third-party services, offered independently by our external partners.
2.4. “Acceptance of the Terms” is a response of the Website User about the acceptance of these Terms by performing the following actions: continuous use of this Website (access or reaccess the Website), and/or registering/authorising on the Website, and/or placing the Booking or order of the Agency Ancillary Services. Acceptance of the Terms is full and unconditional acceptance by the User, of the terms and conditions set forth in these Terms. The Acceptance of the Terms creates legal consequences for the parties according to the terms and conditions specified in these Terms.
2.5. “Order”, ”Booking” is a request for the services properly created by the Customer on the Website on their own that assigns the chosen Service to a particular natural person (or persons), and which is confirmed and accepted by the Agency. Any Order/Booking will be deemed to be accepted by the Agency only after Service payment confirmation by the Customer and after the Agency has received confirmation from the Service Provider/Carrier of a possibility to fulfil the Order/Booking and sent the proper confirmation to the Customer. The Booking may provide for an advance payment or full
payment at the moment of its placement, or payment within the designated term after its confirmation. The unpaid Booking means that it is reserved for a definite period of time and within this period may be sold only to the Customer who has created it based on the terms and conditions of these Terms. The unpaid Order/Booking shall be cancelled after the expiration date, which has been designated for its payment. The Booking status is determined and displayed in the “My Account” section.
2.6. “Website Services” are the services available on the Website for ordering.
2.7. “Service” is a range of actions provided for the Customer by the Service Provider/Carrier upon payment and confirmation. The Service volume and the beginning of its provision are chosen by the Customer on their own when creating the Booking of the options offered on the Website. Pursuant to the terms and conditions of these Terms, the Service Providers/Carriers are not obliged to provide the Customers with any other services except for those that have been specified in the Booking. The Services and Ancillary Services herein may be used collectively or separately as the “Services”.
2.8. “Agency Ancillary Services” is a range of actions provided directly by the Agency, and include as follows: display of information for the Users about travel services, leisure services provided directly by the Carriers/Service Providers; provision of technical capability to create the Booking through the Booking System available on this Website, pursuant to the terms and conditions of these Terms; provision of other additional options when purchasing the Services or at the stage of refund/cancellation of the Booking. The Customer shall always be notified of the scope and price of the Agency Ancillary Services when placing or changing/voiding the Booking and according to the terms and conditions of use of each separate Website Service and may be specified as a “Service Fee” or as a separate cost of the Agency Ancillary Service when making payment. The cost of the Agency Ancillary Services may be included in the price of the Services, which shall be paid by the Purchaser at the time when ordering the Service or may be specified separately when placing each Booking.
2.9. “Electronic ticket/itinerary receipt”, “flight ticket” is an electronic digital document/ticket form which: is stored in the system of the Service Provider/Carrier, the global distribution system (GDS), Webiste Booking System; contains a full set of data about the Service; depending on the chosen service, can display identification data of the seller, Agency, Service Provider/Carrier, Purchaser, and Passengers; confirms the purchase of the Service or its Booking; confirms the right of the persons specified in the document to use the Service; obliges the Service Provider/Carrier to provide the Service.
Such electronic digital document is formed by the Agency or directly by the Service Provider/Carrier, and is sent to the Customer’s email in the form of a copy of the electronic document, and, generally, is available in the “My Account” section.
2.10. “Booking System” is an information system containing data on the full list of the Services available for Booking and purchasing on the Website (including the following: flight schedule, carriage rules, categories and characteristics of vehicles (for carriage services), data on types of vehicles, availability of seats, fares of the Carriers/Service Providers, rules of their application). Information in the Booking System is located on the Website in the manner it is presented in the global distribution system (GDS), booking systems of the Service Providers/Carriers or their authorised representatives. Information in the Booking System may be at any time amended or supplemented, hence the Customer is advised to use the Booking System on an “as is and as available” basis.
2.11. “My Account” section” is a closed area of the Website, which is accessible only to the Users who have got registered/logged in, and includes the following subsections: “My Reservations” contains information on all created Orders on the Website; “Purchaser Information” is a mechanism intended to store and edit the Purchaser’s data; “Passenger
Information” is a mechanism intended to store and edit the Passengers’/Customers’ data; “My Bonuses” includes information on the current balance and the history of accrued bonuses if the rules of the Bonus Program are available on the Website; “Account Settings” is a mechanism intended to change the User’s personal data, including the password for logging in to the “My Account” section.
2.12. “Carrier” is a company (legal entity or private entrepreneur) acting as a direct seller of the Service or provides Passenger carriage Service, chosen and/or paid by means of the Booking System on the Website, which operates according to the terms and conditions of partnership/agency/subagency and other agreements concluded with the Agency.
2.13. “Service Provider” is a company (legal entity or private entrepreneur) acting as a direct seller of the Services or provides travel and other Services available on the Website, or which operates as an intermediary in respect of Service provision pursuant to the terms and conditions of partnership/agency/subagency and other agreements concluded with the Agency.
2.14. ”Low-Cost Carrier”,”low-cost airline”. The Service Provision Rules and flight ticket sales are governed by special conditions of such Low-Cost Carriers. As a rule, the low price of flight tickets of such Low-Cost Carriers is caused by lack of traditional services offered to passengers by full-service airlines. These additional services are usually offered to passengers for a fee. As a general rule, flight tickets purchased from Low-Cost Carriers are non-refundable.
2.15. «Service Provision Rules» or «Fare Rules» are the terms and conditions of the Service Providers/Carriers according to which booking of, purchase of, use of, void of, change of and/or refund for the relevant Service are made, and which shall be read, agreed upon and fulfiled by the Users before placing the Booking. The Service Provision Rules are established by the Service Providers/Carriers in accordance with their commercial terms and conditions, and relevant requirements of the applicable legislation and international rules which may be applied to such type of the Services.
2.16. “Payment System” is a payment organisation, payment system participants and a set of relations arising between them when transferring funds from the Purchasers to the account of the Agency/Service Providers/Carriers, for the services available for purchase on the Website. “Payment Infrastructure Services Operator” is a clearing processing institution and other entities authorised to provide specific types of services in the payment system or perform operational, informational, and other technological functions in respect of the transfer of the Purchaser’s funds for the services purchased on the Website, which own the necessary licenses and permits for transferring funds and operate pursuant to the agreement concluded with the Agency/Service Provider or Carrier.
2.17. “Agency Office Hours” are office hours of the Agency: 9.00 am - 6.00 pm, except for Saturday and Sunday, as well as public holidays during which the employees of the Agency, except for the employees of the Customer Care Service, work.

3. GENERAL TERMS AND CONDITIONS OF THE TERMS OF SERVICE

3.1. Subject matter of the Terms. The subject of these Terms is the provision by the Agency, acting as an intermediary, of services for booking, ticketing and sale of the Services and provision of the Agency Ancillary Services with technical capabilities of the Website.
3.2. Integrity of these Terms. These Terms of Service, Service Provision Rules/Fare Rules, as well as any policy and notifications/messages of the Agency, which are related to or may arise under these Terms, may be available on the Website or sent in emails or SMS
messages during the process of Booking placement or at any other time, which constitute an integral agreement concluded between you and the Agency in respect of Website use, placement of the Bookings/Orders and Agency Ancillary Services.
3.3. Acceptance of the Terms. If you (i) continue using this Website, and/or (ii) place the Booking or order the Agency Ancillary Services, you will be offered to acquaint yourself with the conditions of these Terms (active link to the content of these Terms) and accept the conditions of these Terms (“active opt-in in the approval field”), whereupon you are deemed to:
3.3.1 fully, unconditionally, and without any changes have accepted the terms and conditions defined in these Terms, namely made Acceptance of the Terms and understand the consequences of use of this Website; and
3.3.2 have confirmed that you have got acquainted with the terms and conditions of these Terms and have agreed to act strictly on the basis of these terms and conditions when using the Website and placing the Bookings, and in case of violations of the aforementioned terms and conditions, agreed that the Agency has the right to take all necessary measures to eliminate irregularities and protect its infringed rights in accordance with the terms and conditions of these Terms and provisions of the applicable law.
3.3.3 have given your consent to the Agency (its partners or affiliates) to act in the name and on your behalf as your representative in the process of Booking placement and payment for the ordered services to the Service Providers/Carriers, which is limited to what is required from the Agency acting as an agent (intermediary). If it is required due to the service purchased by you, you are deemed to have given your consent to, agreed to and understood that the Service Provider/Carrier or the Agency (its partners or affiliates) may debit your account for the services.
3.4. Amendment to these Terms. The Agency may, at its sole discretion, from time to time make amendments to the terms and conditions of these Terms of Service which will apply to your subsequent Booking. The Agency will publish amendments on this Website having specified the date of a recent edition of these Terms. The Agency is not obliged to notify you of the amendments to the Terms, but to publish the amended Terms on this Website. The amendments shall take effect as of the date of publication of the Terms with the amendments hereto on the Website. You shall check for the updates of the Terms and their latest version of the Terms on a regular basis. You understand and agree that your explicit acceptance of these Terms and/or use of this Website after the date of publication of the amendments will constitute your full and unconditional acceptance of the modified terms and conditions of the Terms. If you do not accept the modified terms of the Terms, you shall stop using the Website.
3.5. Language of the Terms and Language of the Website. The main language of the Website and the Terms is the English language. You hereby acknowledge that the terms and conditions of these Terms, the Service Provision Rules/Fare Rules for each particular Service and any other notifications and information on the Website are set out clearly, comprehensively, unambiguously and in an easily accessible form. If you have any questions about the information provided on the Website and in the Terms, please contact the Customer Care Service.

4. RULES AND TERMS OF USE OF THE WEBSITE AND SERVICE PROVISION

4.1. Website Use Rules and Precautions. If you continue using this Website, you are deemed to have agreed to the following mandatory rules and precautions in respect of
Website use:
4.1.1. You are a natural person who is 18 (eighteen) years old, have full legal capacity and capability to enter into a contractual relationship with the Agency/Service Providers/Carriers and third parties under the terms of these Terms.
4.1.2. You shall use the Website only for your personal needs not related to business activities, and in accordance with the Terms and effective and applicable laws.
4.1.3. You shall place the Booking and use the Services under the Service Provision Rules/Fare Rules of your chosen Service Providers/Carriers which provide a particular Service, and you shall use the Agency Ancillary Services based on these Terms and information provided under these Terms.
4.1.4. You are deemed to have agreed and acknowledged that any information on the Website, Website Services and Booking System is provided to you on an "as is and as available" basis and shall not be construed as encouragement to act or explicit recommendation or preference for one of the Service Providers/Carriers. You shall use this information and technical capabilities of the Website at your own risk and without any guarantees from the Agency. You are deemed to have agreed that you make choices of the services self-consciously and are responsible for all your actions and omissions based on the information placed on this Website and provided by the Agency. Before making any decisions, you agree to learn all available information about the services (including the information, which is a reference to external sources of information), and get advice from a qualified expert or receive information available from other sources.
4.1.5. Your Data. You are deemed to have agreed that all information you have provided on this Website, including the information specified when registering, is true, accurate, actual and complete. You shall update your contact and personal information listed in the "My Account" section in a timely manner, check for their accuracy and relevance. You are deemed to have acknowledged that all information about the Passengers you have specified when placing the Order is reliable, accurate, actual and complete. You shall check whether the changed data which differs from the data in the “My Account" section, is saved (update the browser page of the Website) before confirming the Booking and its payment. You are fully and solely responsible for the information transmitted by you in the Booking System to place and pay for the Booking. The information you provide to receive the Services/Agency Anciliary Services, including personal and other data of the Purchaser/Customer shall be entered by you. Thus, you shall not make any claims against the Agency for incorrect and other data entered in the Booking (for instance, claims related to an error in passport data of the electronic digital document/ticket form).
4.1.6.
Feedbacks. You are deemed to have acknowledged and agreed that comments/feedback left by you on the Website or sent to the address of the Agency, or left on any other web resource or social media, which are directly or indirectly related to the Agency, may be publicly available and published on the Website, any other web resource, social media on your behalf to inform others about your opinion on the Service/Agency Ancillary Service used. You shall be fully and solely responsible for posting feedbacks and shall not specify there: your personal data or personal data of third parties; profanity or information that violates public order or third party rights; information obtained in violation of intellectual property rights or illegally obtained; advertising and marketing materials of third parties, calls for participation in loyalty programs and other incentives. Posting and deleting of feedbacks shall be performed at the Agency’s sole discretion.
4.1.7. Electronic Means of Communication. You are deemed to have agreed to use electronic means of communication, including, but not limited to: (i) email and (ii) SMS messages (hereinafter include collectively or separately: SMS, push-messages, Skype-, WhatsApp, Viber- messages, or messages of other type or mode of transmission at the mobile phone number you have specified on the Website) in the use of the Website, providing access to the "My Account" section, Booking placement and obtaining of information about
services, as well as electronic delivery of messages (email, SMS messages) associated with the use of the Website, Booking of the Services or Agency Ancillary Services. To properly place the Booking and receive the Services or Agency Ancillary Services, you need to enter a valid (correct) email address and a valid (correct) mobile phone number, and you shall be deemed fully and solely liable for entering such data. The Agency is not obliged to check and shall not be liable for any incorrect or misspelled email address or incorrect mobile phone number or configuration of your email service (spam filters, etc.) and, respectively, for failure to obtain adequate notifications of the created Booking or order of the Agency Ancillary Services, including but not limited to the notifications of departure date/time change, arrival date/time change, flight cancellation, etc. Changes and corrections of errors in an email address or mobile phone number (if it is technically available on the Website) shall be carried out by the User on their own in the "My Account" section or, if it is possible, by the Customer Care Service according to the User’s request and their personal identification data. In case the Agency sends messages/notifications to your email/mobile phone number specified by you when creating the Booking/registering on the Website, which appeared to be incorrect or misspelled, you are entirely and solely liable for, have a legal responsibility for, and bear risks associated with the possible consequences of using incorrect email/mobile phone number, as well as for third party actions. You shall not make any financial, moral, legal and other claims against the Agency in case the wrong email address and/or mobile phone number has been specified.
4.1.8. You are deemed to have agreed that the Agency may monitor (control) and record telephone calls coming into the Customer Care Service and implement selective audit of emails to ensure proper service level and staff qualification improvement, fulfilment of obligations or exercising of rights stipulated by these Terms, as well as use of, exercising of and protection of its rights and legitimate interests related to legal relations arising out of these Terms.
4.1.9. You may send your questions, comments, suggestions, feedback, and complaints to the Agency through all available means of information support of the Website. The Agency makes every effort to answer you as soon as possible, but in any event, no later than 30 (thirty) business days of the receipt of the request.
4.1.10. The Legitimacy of Emails and Booking System Data. You are deemed to have agreed and acknowledged that (i) all emails sent to you by electronic means of communication through the Website or by the Customer Care Service according to your request (or otherwise agreed by the Parties) are equal to communications on hard copy; and (ii) all electronic and system data stored in the Booking System of the Agency or in GDS, collectively or separately, are deemed mandatory, appropriate and sufficient evidence in solving possible claims/disputes, including those of legal nature arising out of or in connection with these Terms.
4.1.11. Actions on Behalf of Third Parties. You shall use this Website and the services available through the Website only for yourself or other natural persons on whose behalf you have the legal right to act and assume the respective rights and obligations. You hereby acknowledge that such other natural persons have authorised you and you have the legal right on their behalf to select and buy the Services/Agency Ancillary Services, as well as to give your consent to process their personal and payment data necessary for ordering the Services. You shall timely, entirely and before placing the Booking inform such natural persons of the terms and conditions of these Terms and reservations specified therein, including all the Service Provision Rules/Fare Rules and restrictions that may be applicable to them in respect of order of, purchase of and use of the selected services. Responsibility for the consequences of a failure to notify, as well as for the
actions of such third persons, caused by such failure to notify, rests solely with the Purchaser. Prior to Booking placement, you shall notify such other third parties that they are not a party to these Terms and have no right to bring any claims, file any lawsuits, petitions, etc., against the Agency, which are related to the Services/Agency Ancillary Services you have ordered in their favour (on their behalf). Such natural persons shall be informed and give their entire and unconditional consent to the following: all communication regarding the ordered services will take place through your "My Account" section and your email/mobile phone number, and the identification of such persons by the Customer Care Service will be carried out on the basis of the data available in the “My Account” section or your email address/phone number. You shall promptly and entirely notify natural persons on whose behalf you act, of any changes, clarifications, cancellations, etc., related to the ordered services and any information about the ordered services you have received via email or SMS message or by any other means of communication. Responsibility for the consequences of a failure to notify, as well as for the actions of such natural persons, caused by such failure to notify, rests solely with you.
4.1.12. Security of the "My Account" Section. If you have registered on the Website and received access to the "My Account" section, you shall protect information on your registration data, including login and password (received via email or SMS message), control it, take all measures necessary to prevent unauthorised access by third parties and be fully liable for your and/or third party’s use of the "My Account" section. If you have any suspicions about possible unauthorised access by third parties to your "My Account" section, you shall immediately inform the Customer Care Service. Any action taken through the "My Account" section will be deemed to have done by you.
4.1.13. Agreement with the Service Provider/Carrier. You are deemed to have agreed that all agreements on Service provision by Carriers/Service Providers, information about which is available in the Website Services, are concluded between you and the Service Providers/Carriers. You agree and are fully aware that under no circumstances shall the Agency be deemed a party to such agreement concluded between you and the Carriers/Service Providers. If you do not agree to the Service Provision Rules/Fare Rules and terms and conditions of such agreements with the Service Providers/Carriers, you shall not place any Booking of the Services. By accepting the set terms and conditions, you shall be entirely and solely liable for compliance with the Service Provision Rules of the chosen Service Provider/Carrier and shall undertake, including, but not limited to, the following: to fulfil the provisions and terms of purchase of the Services, to make payment in full and within the defined terms and according to the established fares, taxes and charges, rules and restrictions of the Service Provider/Carrier, Booking void/change/refund policy. You are deemed to have confirmed that you have read and unconditionally agreed to the terms of service of the Service Provider/Carrier if it is available on the selected Website Service, where you place the Booking, and which is a separate agreement. The Acceptance of these Terms shall not supersede the acceptance of the terms of service of the Service Provider.
4.1.14. Agency Ancillary Services and Offers. By placing the Booking, you are deemed to have agreed and authorised the Agency to collect information about your placed Bookings and contact details on the Website in order to send messages about special offers, promotions and ancillary services available on the Website; offer paid or free of charge Agency Ancillary Services, such as a service of flight delay or cancellation notification in the form of an SMS message; search service of railway tickets after their appearance on sale; recommendation service in respect of the choice of hotel when searching for flight tickets; insurance and other services. Depending on the stage of Booking dialog box,
where the Agency Ancillary Service is offered, its price is either included in the total price of the Booking or is proposed to be paid separately. The terms and conditions of Agency Ancillary Service provision are availabke on the Website prior to Booking placement. By ordering the Agency Ancillary Service, you shall be fully and solely liable for compliance with the terms and conditions in respect of the provision of the Agency Ancillary Services and undertake, including, but not limited to, the following: to fulfil the terms and conditions of Agency Ancillary Services purchase, settlement of all amounts payable in due time and in accordance with the established fares, rules and restrictions set by the Agency.
4.1.15. Changing Information on the Website. The Agency has the right, at its sole discretion, before accepting the order, to do the following: enhance/delete the existing Services of the Service Providers/Carriers, Agency Ancillary Services, Website Services and functions; change the design; loyalty program rules; enhance/delete the payment methods available for payment for the Booking on the Website; change the amount of a Service Fee and the price of the Agency Ancillary Services charged when ordering, purchasing, voiding, changing, refunding for the Services, change the price of the Agency Ancillary Services. The Website may include certain discrepancies or outdated information that on the time of Booking placement is not relevant and is provided for information purposes only.
4.1.16 Error Correction. The Agency reserves the right to correct any errors (including those in financial information) on the Website and in the Bookings placed (paid or unpaid). If in your Booking the price of the Services has been wrong, you will be offered (if possible): (i) to change the Booking by correcting the incorrect (wrong) price to the correct (right) price, or (ii) cancel the Booking without imposing penalties.
4.1.17 Unlawful Acts and Fraud. You shall not use any software intended to damage the infrastructure of the Website, disrupt its timely and correct functioning; violate restrictions in respect of any HTTP-header of the Website address bar, attempt to intercept any data and personal information processed by the Website; perform actions that cause congestion in the Website infrastructure, monitoring, automated extraction of information or making a copy of any data and information from this Website, create "frame", "mirror" or otherwise interfere with the operation of the Website by any means and for any purpose whatsoever. You are deemed to have acknowledged and agreed that the terms of use of the Website prohibit creating multiple accounts at a time, intentional misrepresenting of personal information, impersonating of any person, placing of fictitious Bookings, etc. Any fraud (fraud attempts) regarding the use of the Website, as well as making payment by payment cards on the Website, shall be investigated and the persons in fault are brought to justice according to the local and international legislation. Fraud (or its attempts) in Booking placement or purchasing the Services on the Website may lead to problems in obtaining visas and flight check-in or other use of the Services.
4.1.18 Restricted Access to the Website. You are deemed to have agreed that the Agency has the right, at its sole discretion, to deny anyone access to this Website, use the "My Account" section and Booking placement, suspend the access to the Website and ordering the Services by having blocked the access to the Website and/or deleted the created "My Account" section in order to carry out scheduled and unscheduled technical and preventive operations, or in case of breach by the User of the terms and conditions of these Terms, at any time and for any reason whatsoever, without explanation and prior notifications.
4.2. Service Ordering Rules and Warnings
4.2.1. Compliance with the Service Provision Rules. By placing the Booking, the Purchaser and Passengers shall get acquainted and are deemed to have agreed to the these Terms,
the Service Provision Rules/Fare Rules of the Service Providers/Carriers that apply to the chosen Services, terms and conditions of provision of the Agency Ancillary Services (if applicable), including the terms of ticket void/change/refund (as well as to the terms and conditions in respect of the connecting flights by the Carriers, in case of issue of a transfer ticket (if the time is enough to make a transfer, issue transit visas, etc). Any violation of these Terms and the Rules of Provision of the Agency Services or Agency Ancillary Services may result in cancellation of the Booking, denial of access to the acquired services, without a refund of the money paid for them; charging of your advance payment without a refund; reimbursement at your expense, of all losses incurred by the Agency or the Service Provider/Carrier as a result of such breach, under these Terms. Ticking the dialog box (opt-in) on the Website before Booking placement is the sufficient proof of the fact that you got acquainted with and agreed to these Terms, and shall be deemed appropriate and sufficient evidence in any proceedings. Booking placement with nominally ticking the dialog box (opt-in), i.e. without actual reference to these Terms may adversely affect the Purchasers/Passengers. Ticking the dialog box (opt-in) on the Website before Booking placement and getting acquainted with the Terms is an unconditional and integral process of Booking placement on this Website. Thus, you shall not litigate this fact, namely the fact of ticking the dialog box (opt-in), in case of any disputes, and in any proceedings.
4.2.2. Choosing the Services. All stages of Booking placement: choice of the volume and type of the services, route and date selection, flight selection, accommodation selection, entry of Passenger data (Passengers on whose behalf/for whom the Booking is placed) and Purchaser data, payment method selection are exceptionally sole and acknowledged choice of the Purchaser. The information specified by the Purchaser, when placing the Booking, is automatically recorded in the Booking System, global distribution system and/or internal booking system of the Service Provider/Carrier for further confirmation of the Booking and provision of services. Some Service Providers/Carriers may require the Purchaser to agree and sign a liability waiver before using the services they offer. If you disagree with these terms, you shall not place the Booking and shall not use the Services.
4.2.3. Amendments to the Service Provision Terms and Conditions. All offers, prices, service types and terms and conditions thereof, as well as the Service Provision Rules/Fare Rules may be: changed without sending any notification to the Purchaser, limited/available according to the time frames, availability of seats and terms of the preliminary Order, dates of travel, minimum or maximum length of stay at a destination, weekends and holidays, seasonal fluctuations in prices, waiting lists, as well as strikes and temporary failure or shutdown of the booking systems and/or may be changed due to other changes, conditions and restrictions. The Agency shall inform the Users of the change of terms, volume and range of the services or the inability to fully or partially perform the service paid, by sending an email or SMS message at a mobile phone number, only if it has obtained such information from the Service Providers/Carriers. Such notification is only an Agency information service. In case of nonreceipt of the said information from the Service Providers/Carriers, the Agency shall be released from liability to Users, as it is not a party to the agreement between you and the Service Provider/Carrier.
4.2.4. Beginning of Service Use (Receipt). The Passengers/Customers shall be obliged to come to the place of Service provision in time (i.e. at time defined by the Service Provider/Carrier) and shall be solely responsible for no-show or arriving late in the place Service provision or the inability to use the Service due to non-compliance with these Terms or the Service Provision Rules.
4.2.5. Adherence to Customs and Border Formalities and Duly Completed Documents for Service Use. The Purchaser and Passengers shall be responsible for the following: preparation of, availability of and correct issuance of the visas and documents required for crossing the border of countries of transit (even if the Passengers do not leave the airport or plane) and the country of arrival; timely providing the Agency with passport, visa information and data on the place of stay of the Passengers in the country of arrival needed for entering in the Booking, if it is required by the Carrier or Service Provider. The Agency shall provide information reference on customes and border formalities on the Website before Booking placement. The Purchaser and Passengers are deemed to have confirmed that they are aware of and shall, on their own, fulfil all the requirements of the country of departure, transit country and the country where they are heading for, including requirements for international passports and other formal documents, including conditions regarding the remaining period of validity of the international passport required for visa and entry into the country of arrival: visa issuance, purchase of a return ticket when entering the country with a visa-free regime; compliance with other requirements necessary for entry into the country (availability of health insurance, the need for vaccination, proof of sufficient funds, availability of a return ticket etc.); issuance of the documents for travelling of minors under the age of 18 (eighteen) years; issuance of the documents to transport animals and plants, and conditions of their placement at the place of Service provision; permits for the transportation of equipment, musical instruments, weapons, art treasures, and any other permits and approvals. The Passengers shall be solely liable for the validity of foreign passports, exit permits for minors required for crossing the border and other documents necessary for Service use, as well as for the accuracy of the information contained in these documents. The Passenger is obliged to obtain the necessary information about deportation at the consulate of the respective country and be informed that the deportation of the Passenger owning invalid entry or exit travel documents is carried out at the expense of the Passenger with or without penalties. The Purchaser and Passengers are deemed to have confirmed that they are aware of the customs requirements and rules and border formalities of the country of departure and transit countries, baggage allowance rules, as well as the rules of conduct in the country of transit or arrival and shall comply with all these rules.
4.2.6. Means of Technical Support of the Website and Information Support of the Services.
The Customer Care Service works 24 hours a day. To receive consultation, contact the Customer Care Service: tel: +994 10 7260001 (round-the-clock, payment according to operator tariffs);
Email: sales@bayfly.net If you contact the Agency in any other way than the one specified in this clause of the Terms, your request may not be accepted. You are deemed to have agreed that the Customer Care Service shall not handle any letters sent by you to the following email address: noreply@bayfly.net, including letters sent in response to a letter sent by the Agency from the specified address. You shall not make any claims against the Agency due to your failure to contact the Customer Care Service if there was something you did not understand about the Services/Agency Ancillary Services while placing the Booking, but in spite of this, you placed the Booking.
4.2.7. Contacting the Customer Care Service for information on the Bookings/Orders and/or issues related to access to the "My Account" section may require authorisation/customer identification. The list of questions and information required for the authorisation of the Customers by the Customer Service shall be defined and changed solely by the Agency and at any time. Passengers on whose behalf/for whom the Booking has been placed shall be notified by the Purchaser that for the purposes of their authorisation, the Customer Care Service may require information that is available only
to the Purchaser who placed the Booking through the "My Account" section. The Agency shall not be responsible and shall not compensate for any expenses caused by failure to comply with the authorisation process by the Customer/Passenger when contacting the Customer Care Service.
4.2.8. You are deemed to have agreed that the Website use rules set forth shall also apply to cases where you obtain access to the Website (its separate pages or the Services), while you are on other websites that enable full or partial view of this Website.

5. REGISTRATION ON THE WEBSITE

5.1. In order to use the services of the Website, you shall register on the Website and obtain access to the "My Account" section. When registering you shall provide the following data: email address (which will be used as a login after the registration); first and last name; contact mobile phone number; access password (during the complete registration on the Website). The list of information required for registration/authorisation on the Website may be changed by the Agency at its sole discretion, whereby such changes do not require the corresponding amendments to these Terms on a compulsory basis.
5.2. Access Password. In express registration and automatic registration on the Website, a password is automatically generated and sent to you via email after registration. You can change the password in the "My Account" section. If necessary, you may use "reset password" on the Website. You shall use a strong password to access in the "My Account" section and shall not share it with third parties.
5.3. Registration Methods. There are three options to register on the Website and obtain access to the "My Account" section: Complete registration through the relevant registration form on the Website. Express registration on the Website using social media profile, whereas further provision of the data necessary for ordering the services is required. Automatic registration on the Website and getting access to the "My Account" section after the placement of the first Booking. In this case, the first Passenger’s data will be used to enter it in the “My Account” section.
5.4. You have the right to freely and at any time use access to your Bookings and personal information defined on the Website in the "My Account" section using your email address (login) and password received via email after registration. You can also log in to the "My Account" section by logging in via SMS message that will be sent to your mobile phone number.
5.5. When registering on the Website, you will be further asked to agree to the terms and conditions of these Terms. If you do not agree to these terms, please do not use the Website and leave it immediately.

6. GENERAL RULES: BOOKING, PURCHASE. PAYMENT PROCEDURE

6.1. General Rules. Booking
6.1.1. By placing the Booking on the Website, the Purchaser shall provide their personal data and personal data of the Passengers/Customers if needed for specifically selected Service: last name, first name, paternal name (if specified in the ID card and if required for the receipt of the selected Service); details of the ID cards (e.g., the number and series of the passport); birthdate; information on gender; information on citizenship; other data necessary for ordering and use of the Services. The list of information required for Booking placement on the Website may be changed by the Agency at its sole discretion, whereby such changes do not require the corresponding amendments to these Terms on a compulsory basis.
6.1.2. Passengers/Customers with the personal data specified in the Booking, which contradict the data specified in the ID card or are mixed up (the last name is specified instead of the fist name or vice versa), shall not be entitled to receive the Service.
6.1.3. When placing the Order, you shall fill in all the fields that are marked in the Booking System as "required" to be filled in. The Bookings you have made (all the steps in the dialog box have been completed) are automatically processed by the Booking System on the Website. All Bookings placed are available for view in the “My Account” section.
6.1.4. When you place the Booking, the Booking System may offer you ancillary services of the Carriers/Service Providers and/or Agency Ancillary Services (for example, insurance of baggage during flight time, or SMS notification, etc.). In this case, the Booking System will automatically tick the dialog box (opt-in) next to the offered Agency Ancillary Service, which may be useful (be of interest to) for you. When placing the Booking you have to check the corresponding marks ("opt in"). If the ancillary services of the Carriers/Service Providers and/or Agency Ancillary Services offered by the Booking System, are not relevant to you, you have to remove such mark ("opt out") when placing the Booking before payment. If the ancillary services of the Carriers/Service Providers and/or Agency Ancillary Services offered by the Booking System when placing the Booking are not relevant to you, but you did not remove the marks ("opt out") when placing the Booking, such ancillary services of the Carriers/Service Providers and/or Agency Ancillary Services will be deemed relevant to you and will be included in the Booking with further payment.You shall not bring any claims, file any lawsuits, petitions, etc., against the Agency, which are related to the fact that the Services/Agency Ancillary Services offered by the Booking when placing the Booking, were not relevant to you, but you failed to remove such marks ("opt in") when placing the Booking before its payment.
6.1.5. Changing Booking Data. Please note that change of any of the Passengers’/Customers’ personal data in the ticketed Booking (including error correction), route and date change, etc., may result in loss of the agreed fares, based on which the Booking was ticketed, as well as it may result in any surcharges. Changing of personal or other data of the Passenger/Customer in the Booking may be ground for a ticket refund and issuance of new tickets under new fares and new cost. When making changes to the Booking placed, the Purchaser shall undertake all possible financial risks associated with including but not limited to financial risks related to fare cost loss/fare change under which the Service has been paid, ticket change/refund, payment of a Service Fee due to the changes made to the Booking, necessary additional surcharges, penalties/fines, placing of a new Booking, refund of the money paid, currency conversion costs when refunding, etc. Please be attentive when filling in all data in the Booking. The Agency makes every effort to verify the information you enter in the Booking, but shall not and cannot be responsible for and shall not incur the expenses related to your incorrect, incomplete or inaccurate completion of personal and other data of the Passengers/Customers.
6.1.6. Cancellation of Unpaid/Paid Bookings. The deadlines of Booking payment are defined by the Carriers/Service Providers. The Agency cannot influence the change of the deadline for payment for the Services and shall not be responsible for the cancellation of such Bookings. Your Booking will be automatically cancelled in the Booking System without paying a penalty in the following cases: (i) if the services were cancelled (sold out) by the Carrier/Service Provider (for example, all tickets were sold out to third persons using the third-party services, or directly by the Carrier) within the period you were passing all the steps of the Booking; (ii) if the services were cancelled (sold out) by the Carrier/Service Provider within the period you were entering the One-time code for payment confirmation,; (iii) if within the specified period, you did not pay/confirm
payment for the Booking. You hereby agree and fully understand that in case of cancellation of the Booking and its repeated placing (similar to the cancelled one), the cost of the Services defined in such repeated Booking may be different, as well as exceed the cost of the services that was defined in the cancelled Booking.
6.1.7 Order Confirmation. All Bookings and their status are available for view in the "My Account" section. We recommend updating the browser page to get the latest information on the status of your Booking after each chosen and completed action on the Website.
After processing of your Booking by the Booking System, a notification of its status may be sent via email and/or mobile phone number from the Agency or Service Provider/Carrier. The service is considered to be provided by the Agency properly and in full: (i) after displaying information about the paid Booking or confirmed Booking in the "My Account" section on the Website, and provision of the opportunity to download the electronic digital document/ticket form of the paid Booking or confirmed Booking (e.g., e-ticket/itinerary receipt, electronic voucher, insurance policy, ticket, ticket form), or (ii) sending the appropriate confirmation and/or electronic digital document of the paid Booking or confirmed Booking (e.g., e-ticket/itinerary receipt, electronic voucher, insurance policy, ticket, ticket form) to the Customer’s email or mobile phone number.The time of electronic digital document submittal shall be deemed the date and time when the Agency cannot cancel its sending. Since then, the electronic digital document shall be deemed to have been received by the Customer.
6.1.8 Electronic digital document/ticket form for the selected Service type is sent to the Purchaser’s email specified when placing the Booking, or is provided in another defined way. Electronic digital document for the selected type of the Services (e.g., electronic document/itinerary receipt, electronic voucher, insurance policy, ticket, ticket form, etc.) confirms the purchase of the Service or its Booking, as well as confirms the right of the person specified in the document to use the Service of the chosen Service Provider/Carrier (e.g., make a trip). The Agency has no obligations to send any electronic digital documents before the receipt of full payment from the Purchaser, if such payment is provided for the selected Service and the confirmation has been sent by the Carrier/Service Provider. Please note that some of the digital electronic documents shall be exchanged for tickets directly at the box office of the Service Provider/Carrier before using the Services. The Bookings not paid on the Website provide for payment at the box office of the Service Provider/Carrier before the beginning of Service provision. The Customer is hereby notified that in case of failure to exchange digital electronic documents/ticket forms for actual tickets (if applicable), they will not be entitled to use such, and the Agency shall not be liable in such a case. The Passenger shall check email, and other means of communication specified during the Booking, regarding the receipt of information on the placed Booking and/or the electronic digital document of the paid Booking or confirmed Booking, as well as information defined in the received electronic digital document. The Passenger shall check the information specified in the electronic digital document and print it out on their own. The Carrier/Service Provider before using the Service may request the Passenger’s/Customer’s ID card or the paper ticket. The Carrier/Service Provider may deny providing you with the Services if you do not have the valid ticket, documents that identify you and other documents necessary for Service use.
6.1.9 Notification from Service Providers/Carriers. If it is provided for by the appropriate Service, you may also receive notifications from the Service Providers/Carriers in respect of your Booking. The Agency shall not control and shall not be responsible for any exchange of messages between you and the Service Providers/Carriers that takes place without the use of this Website.
6.1.10 Discounts and Special Offers. Special offers, discounts and promotions shall be clearly specified and applied in accordance with the rules specified therein and during the defined period. If the Service involves obtaining discounts for a person referred by the Service Providers/Carrier to the certain age group (“child” and/or “infant”, the age of the child of infant shall meet age categories ("child", "infant") as established by the respective Service Provider/Carrier on the date of completion of a travel or completion of Service use. The age of the Customer/Passenger shall be confirmed by the relevant document (passport/birth certificate of the child/another ID document). Requirements to the form and data of such ID document are determined by the rules of the Carrier/Service Provider. 6.2. General Rules. Payment 6.2.1. Choosing Payment Method and Billing Details. The Purchaser shall choose a convenient method of payment for the Order among the possible methods for this Service and the type of the Service available on the Website at the time of Booking placement.
The payment methods, which are not provided for and are not available on the Website to make and confirm the payment, shall not be accepted. When selecting a payment card method, the Purchaser shall specify information related to payment cards, namely: payment card number, expiration date, CVC/CVV-code and cardholder name, and is deemed to have agreed to the processing of their personal and payment data by the Agency/Service Provider/Carrier/Payment System for funds transfer for the Booking placed. The Agency may provide you with one and several options of payment methods for Booking payment, depending on service types which are included in the Booking and terms and conditions of the agreement concluded between the Agency and the relevant Carrier/Service Provider. The Agency shall have the right at any time and at its sole discretion, to change/delete any payment methods on the Website without the obligation to make any notifications and amendments to these Terms on a compulsory basis.
6.2.2. Authorization for Payment Transaction Processing. After selecting and confirming the method of payment for the Booking, the Purchaser shall authorise either the Agency (its partners or affiliates) or the Service Provider/Carrier/Payment System to debit through the selected payment method the full price of the Booking specified on the Website from the payment card/bank account defined by him/her, including Service Fees, commissions, corresponding surcharges for transfer, the amount of possible currency conversion and exchange difference to be applied to the payment for the said Booking, and you authorise these entities to use your payment and personal data for (i) the purchase of your ordered Services, (ii) processing of refund, if necessary, and (iii) for other purposes, which are necessary for the fulfilment of these Terms and performance of your Order. You are hereby fully aware of and agree that at the time of payment for the Booking, the Agency is not aware of the amount of additional costs for payment transaction processings. The Agency may request you to and you shall provide a bank statement for financial dispute settlement related to the payment for Services/Agency Services, refund due to your denial of the Services/Agency Services, as well as to solve other financial disputes. When selecting any of the Booking payment methods, you acknowledge that the Agency, after receiving the funds for the placed Booking, transfers relevant funds to the Carrier/Service Provider, and you shall not litigate this fact in case of any disputes and in any proceedings.
6.2.3 Sufficiency of Funds to Pay. At the time of Booking payment by means of payment card/bank account, the Purchaser shall have a sufficient amount of funds required for the full payment of the Booking, including possible additional costs associated with the processing of payments, currency conversion or exchange difference. The balance in the payment card/bank account shall be sufficient to cover all such additional costs. The
Agency shall not be responsible for Booking cancellation and the costs incurred by the Purchaser due to the lack of funds on the Purchaser’s payment card/bank account.
6.2.4 Payment Transactions. When placing/ticketing the Booking, the funds on the payment card/bank account may be blocked with their further debiting. Payment card debit may be performed by the Agency/Carrier or Service Provider in one payment or multiple payments (for example, for each ticket separately, when booking multiple tickets/hotel rooms simultaneously, or for each service separately, when ordering multiple services simultaneously). Charging of the funds may occur both at the time of Booking placement or within 30 (thirty) business days and more after Booking placement under the rules of the Service Provider/Carrier. The Purchaser shall take all measures to enable the Agency or Service Provider/Carrier to debit the payment card at any time (i.e., all payment restrictions and limits of the issuing bank must be lifted by the Purchaser until the funds are actually charged).
6.2.5 Payment Transaction Verification. The cardholder shall use it in accordance with the laws and the terms and conditions of the agreement concluded with the issuing bank, and shall not allow to use the payment card by persons who do not have the legal right or authority to use it. To avoid cases of various kinds of misuse of payment cards, all the Bookings placed and paid by the payment card on the Website shall be verified by the Agency that uses all reasonable means to verify the eligibility of payment transactions, including, but not limited to, according to the rules and payment protection standards and anti-fraud payment verification, the details of which are available on the Website.
The Agency reserves the right to deny you the provision of the Services or additionally request the copies of the cardholder’s documents if there are sufficient reasons to believe that the payment card transaction may be questionable/fraudulent. In order to verify the identity of the cardholder and their eligibility in respect of using the payment card to pay for the Services on the Website, the Agency may require the Purchaser to provide the following: a copy of the passport pages containing personal data; a copy of both sides of the payment card (the first six and last four digits must be clearly visible in the number of the card, CVC/CVV-code shall be covered). You shall send the aforementioned copies via email in the size and format according to the requirements of the Agency, at the request and within the term set by the Agency. In case of failure to provide the requested documents on time or in case of doubts about their authenticity, the Agency reserves the right to cancel the Booking without explanation. The paid funds for the Booking shall be refunded to the Purchaser’s payment card, and the funds that were blocked on the Purchaser’s card shall be unblocked. Please note that the verification of payment transactions is carried out by the Agency only during Agency office hours. In this regard, any payment transaction for the Services ordered at other times may be processed the next business day. The Agency shall not be liable for any costs incurred as a result of such verifications.
6.2.6 Currency. Settlements between the Purchaser and relevant Service Providers/Carriers shall be made/processed according to the settlement rules established by them/issuing banks. In this case, the currency charged to the Purchaser’s account may differ from the currency specified on the Website. By placing the Booking you are deemed to have agreed that you have been notified of the terms and conditions of the pricing of the Booking, currency to be charged to the account, payment and currency exchange terms, and you are deemed to have entirely and unconditionally accepted the defined payment terms.
6.2.7 Additional Costs for Payment Transaction Processing. The Purchaser shall be entirely and solely responsible for all commission costs, the amount of possible conversions and exchange difference, as well as other specified expenses that may be
added to the price of the Booking by the issuing bank of the payment card/payment system, operator of payment infrastructure services. The Purchaser shall get acquainted with the rules, tariffs and commissions of the bank, currency exchange rates and currency conversion rates, which may be applied to Booking payment on the Website. You are deemed to have accepted and agreed that the Agency shall not compensate the Purchasers for the expenses incurred in cases of additional conversions and exchange rate differences, since it shall provide the Purchaser only with information on pricing policy of the Carrier, but is not involved in establishing the interaction policy among the participants that serve payment transactions since their formation and until debiting the Purchaser’s account, as well as during the remittance of funds to the account as a result of the return of documents which confirm the Service. Before paying for the Services, the Agency recommends that you consult a qualified specialist to receive information on all the details of your payment transaction.
6.2.8 Currency exchange rates, which are available on the Website, are based on various sources available to the public and shall be used for informational purposes only. Currency exchange rates may not be updated on a daily basis, and actual prices may not be accurate and differ from the actual exchange rates for your payment transactions.
6.2.9 Currency Conversion and Bank Fees Charged for Payment: According to the rules of some Service Providers/Carriers, a request for debiting the Purchaser’s payment card in the amount of the Booking may be sent from the

Terms of Service

Thank you for visiting our website https://bayfly.net (hereinafter referred to as the “Website")!

1. PREAMBLE TO THE TERMS OF SERVICE

2. DEFINITIONS

3. GENERAL TERMS AND CONDITIONS OF THE TERMS OF SERVICE

4. RULES AND TERMS OF USE OF THE WEBSITE AND SERVICE PROVISION

5. REGISTRATION ON THE WEBSITE

6. GENERAL RULES: BOOKING, PURCHASE. PAYMENT PROCEDURE

7. DISCLAIMER

7.1 The Agency shall make every effort to ensure that the information contained on the Website is accurate and reliable. You are deemed to have agreed and understood that information about the Services, information support means available in different sections or pages of the Website (schedules, statistical data on arrival/departure of vehicles, descriptions of services, photos, media files, rankings, guides, weather, currency rates, news about tourism, information materials about countries, cities, events, prices, fares, discounts, etc.) shall be provided by respective suppliers of such information, as well as by the Service Providers/Carriers, or shall be obtained from public sources and shall be used for information purposes only and shall be for your convenience as well. Since all the information published on the Website is provided by the respective suppliers of such information, including by the Carriers and Service Providers, and in spite of competence and careful selection of the information suppliers, the Agency does not have any opportunity to provide a totally independent review of all the information, and due to these facts such information may contain inaccuracies and errors, including errors in prices, fares and other financial information. The Agency shall make amendements to the inaccurate information contained on the Website within reasonable terms. The Agency shall not make any representations regarding the use of such information contained on the Website, and shall not give any guarantee that this information is complete, accurate, correct, useful, relevant, verified and does not contain any errors (including explicit or printing errors), etc., and shall not be liable for your use of such information and the associated loss.
7.2 The Agency shall not be responsible for any and all acts or failures to act, errors, omissions, warnings, representations, warranties, violation or negligence of any of the Service Providers/Carriers; or for any personal injury, death, property damage or other damages or extra costs as a result of the above-mentioned items, and shall not compensate for any of the above-mentioned reasons. The Agency shall not be liable for and will not make any payments or compensation for damages and additional costs incurred during or as a result of the use of the Services or Agency Ancillary Services, including, but not limited to, in the event of any delay, cancellation, rerouting, loss of or damage to baggage or personal belongings, strikes, force majeure, changes in the cost of the Services and fares, the removal of fares on sale, cancellation of paid or unpaid Services or Agency Ancillary Services or due to other reasons beyond the control of its direct control.
7.3 The Agency shall not guarantee continuous, error-free, accurate, timely secure operation of the Website. The Agency shall not guarantee or provide or assume any responsibility for the continuous and error-free connection and connection to the Internet, shall not guarantee or ensure the quality of various channels of public communication, telephone networks or services, computer systems, servers or providers, computer or phone equipment, software, email service or communication failures, through which the User accesses the Website, the "My Account" section, Service ordering or connection to the Customer Care Service, and if in the result of bad connection a failure occurred when choosing services, issuing tickets/electronic digital documents, and/or paying for the Booking or providing other information.
7.4 The Agency shall make no representations and shall disclaim all warranties that the Website, its components, servers or any e-mail messages do not contain viruses, defects or other damaging elements and shall not guarantee the use of the software (including
guarantees in respect of its quality, proper operation) which is available on this Website.
You shall take all the necessary measures on your own when using this Website or other websites for which hyperlinks from this Website are provided to protect your equipment or software from possible destructive elements, such as viruses. The Agency strongly recommends using only licensed software (including antivirus software).
7.5 This Website may contain hyperlinks to the websites that are not owned and not operated by the Agency. Such hyperlinks may be provided for your convenience and for reference only. You are deemed to have accepted that the Agency has no control over such websites and outside resources, does not maintain and shall not be responsible for their operation, content, advertisements, products or other information provided by them and the consequences of their use. The placement of such hyperlinks on such websites shall not confirm or guarantee that the Agency approves materials posted on such websites, or is associated with their owners. The use of some hyperlinks to websites and displaying of data from such websites (e.g., Google Maps) shall be used by complying with the rules of use of such websites and in accordance with the policies of data processing established by them. You shall get acquainted personally and adhere to the rules of use of such external websites.
7.6 Under no circumstances shall the Agency be responsible for, compensate for any damages and make compensation for in the following cases: ignorance or non- observance by the User of the terms and conditions of these Terms, failure to get acquainted with the Service Provision Rules/Fare Rules of the selected Service Providers/Carriers, and peculiarities of provision of the Services or Agency Ancillary Services; in case of neglecting behaviour towards security and protection measures of the User personal, payment and other data. If third parties have obtained unauthorised access to the "My Account" section and personal and other data of the User, which caused damages to the User; failure to deliver by communication systems and failure to timely read/or failure to read by the Customer or Passenger emails or SMS messages sent by the Agency/Carrier/Service Provider/Payment System and related to the use of the Website and the Booking of the Services or Agency Ancillary Services; in case of inability to fulfil the undertaken obligations, due to unreliability, insufficiency and untimely provision of information and documents provided by the User, or violation by the User of the terms and conditions of these Terms; if the Customers/Passengers fail to have duly completed documents for any reasons, required for the receipt of the Services and specified in these Terms or by the Carrier/Service Provider. the actions of third parties, including, but not limited to the actions of customs and immigration authorities, as well as for limiting the Passenger’s rights to leave the country of departure or the other point of departure, or entry into the country of arrival by the competent authorities of the relevant country; for actions by consulates, embassies or visa centres of foreign countries, including delay, denial or changes to the terms of entry visa issuance or visa issuance according to other terms than provided for the purposes of use of the Services.
7.7 Under the terms and conditions of these Terms, the Agency shall not: be as a co- provider of the Services with the Service Providers/Carriers and shall no be involved in the disputes between the Purchaser/Passenger and the Carrier/Service Provider; provide legal/consulting services including those regarding the application of the foreign law; requirements to a set of documents (including, but not limited to visas) required for entry into the territory of a foreign state, to leave the territory of a foreign state, for the transit crossing of a foreign state, etc.; requirements related to border, customs, sanitary, veterinary, quarantine, phytosanitary types of control established by the legislation of a foreign state; represent your interests and interests of the Passengers before the Carriers/Service Providers, as well as other persons involved in providing the Services.
The Carriers/Service Providers shall bear the responsibility to the Customers/Passengers arising out of the Services being provided (have been provided) according to the legislation applicable to such relation, as well as international law regulations. The Purchaser and Passengers shall be solely responsible for late submitting of claims to the Service Providers/Carriers or failure to adhere to the related formalities including legal ones.
7.8 You are deemed to have understood and agreed that if the Agency cannot provide you with access to use the Website and its Services and Website Services due to force majeure (hereinafter defined in the Terms), the Agency hereby will not breach any obligation to you under these Terms.
7.9 Under no circumstances shall the Agency, its affiliates or group companies, representatives, founders, officers, agents, workers, employees, partners and freelance specialists be responsible to the User or to any third party for any indirect, incidental, derivative or punitive damages or loss, loss of profit (loss of expected gain), loss of data or access to data and information, loss of goodwill, damage caused to prestige or reputation, or non-pecuniary damage and additional costs incurred as a result of the inability to use or as a result of the use of the Website and purchase of the Services or Agency Ancillary Services.
7.10 Under the terms and conditions, restrictions and limitations specified in these Terms, the Agency shall be responsible only for intentional, direct actual damage caused as a result of non-fulfilment of obligations, the fact of which was proven but the court order in force, that occurred due to the fault of the Agency and in any case the limits of such liability cannot exceed in the aggregate the higher of: (i) the price of the ordered service, or (ii) the amount equivalent to one hundred euros. The provisions of this clause about the disclaimer of the Agency does reflect the agreed allocation of risk between you and the Agency and shall be interpreted in favour of the Agency, its affiliates or group companies, as well as representatives, founders, officers, agents, workers, employees, freelance specialists or partners. The restrictions specified in this article shall remain valid and binding even when it was impossible to fully compensate for damages of the injured party.
7.11 You are deemed to have understood and agreed that the liability of the Service Providers/Carriers for death, personal injury and others, as well as responsibility for loss of baggage are, as a rule, limited by national legislation, international agreements or the rules and restrictions of the Carriers/Service Providers.

8. FORCE-MAJEURE

8.1 The Agency shall not be liable for full or partial failure to perform its obligations under these Terms if it has been caused by an accident or circumstances of insuperable force (force majeure), which arose after signing of these Terms.
8.2 Force majeure circumstances or accidents are the circumstances that exclude or objectively hinder the fulfilment of the terms and conditions of these Terms, of extraordinary, inevitable and unpredictable nature, and which the Parties could not foresee or prevent by reasonable measures. This includes inter alia: circumstances caused by exceptional weather conditions and natural disasters, disruptions in the networks, failure or disconnection of power supply, interruptions in work and access to the Internet and other communication networks, interruptions in the operation of the Website, server and software disruptions and failures and, hacker attacks, the circumstances due to software updates, scheduled and unscheduled technical and preventive measures on the Website, actions or orders of any state authority, significant adverse changes in any applicable laws, currency restrictions, local or national
emergencies, unpredictable actions or omission of third parties who are not the party to the Terms and/or which occur independently of the will and desire of a party to the Terms, the threat of war, armed conflict or serious threat of the conflict, including but not limited to enemy attacks, blockade, military embargo, acts of foreign enemy, general military mobilization, war, declared and undeclared war, acts of public enemy, disturbance, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, rebellion, insurrection, riots, curfews, expropriation, forced removal, takeovers, requisition, public demonstrations, blockade, strike, accident, wrongful acts of third parties, epidemics, fire, explosion, long breaks in transport operations, embargo, prohibition (restriction) of export/import, conditions which are governed by the relevant resolutions and acts of state and local governments, as well as the circumstances related to the aftermath caused by exceptional weather conditions and unforeseen situations or other circumstances beyond the reasonable control of the parties.
8.3 In the event of a force majeure, the Agency shall notify the Website Users within 5 (five) calendar days of the nature of the above-mentioned circumstances and the likely duration of their existence, by placing a relevant warning on the Website or sending an email (or in any other appropriate manner at the discretion of the Agency).
8.4 The term of fulfilment of the obligations under the Terms shall be suspended for the period, which is equal to the period during which such force majeure takes place. If the force majeure lasts for more than 14 (fourteen) calendar days, the parties may resolve the issue of non-fulfilment of the obligations through negotiations, and in case of failure to reach agreement, require termination of the Terms.

9. USE OF INTELLECTUAL PROPERTY RIGHTS

9.1 Copyright notice: © 2021 bayfly.net. All rights reserved. Bayfly.net is a registered trademark and protected by copyright. The Agency, its partners and providers are the owners or licensees of intellectual property rights (all information and materials) published on the Website. The materials provided by third parties may be posted on the Website. Logos, company names, offer and others, which are mentioned on the Website, may be the trademarks of their owners or protected by copyright. All information and content published on the Website are protected under the local or international law on intellectual property rights protection.
9.2 You shall not use, reproduce, modify, adapt, translate, compile, decompile, create derivative products, attempt to discover the source code, copy, analyse data, create links to the Website, or make any other use of the contents of this Website in whole or in part, including the use of any objects of intellectual property rights that are available through this Website, without the written permission of the Agency.
9.3 Electronic ticket/itinerary receipt, ticket or other electronic voucher or another electronic digital document, which confirms your Booking, and these Terms, may be used only for the use of the Services/Agency Ancillary Services and be printed out or copied only for this purpose.
9.4 You agree and grant the Agency complete and unlimited, royalty-free, perpetual and spatially unlimited right and the right to transfer it, to use your posted feedback or information on the Website at Agency’s sole discretion (as well as for advertising and marketing purposes), modify, adapt, create derivative products, translate, publish in any media or delete completely or partially, transfer to third parties or use in any other manner at the discretion of the Agency. You shall be responsible for the content you post on the Website, and confirm that your posted content does not infringe any third-party rights (namely, intellectual property rights, privacy and personal data protection principles). You shall indemnify the Agency for expenses and charges in the event that
any third party brings a claim against the Agency based on the content posted on the Website. If you do not agree to the specified conditions, please refrain from leaving information on this Website or sending information to the Agency and stop using the Website.
9.5 The software, which is available through this Website, including mobile applications, belong to the Agency, its partners and providers, and are protected by copyright. The use of the software is governed by the license agreement between you and the Agency.
By installing mobile applications, you shall accept the license agreement. Unless stated otherwise, you shall be granted by the Agency a limited, personal, non-exclusive, non- transferable, fixed-term license to use the software for viewing information and different kind of use of the Website only to obtain information about services and their ordering under the terms and conditions of the Terms and not for any other purpose. The software guarantee shall be provided only for the purposes of the license agreement.
9.6 If you become aware of the infringement of copyright of the Agency, please send an email to the Customer Care Service.
9.7 If you are sure that the materials published on this Website infringe your copyright, you may send us a letter at the office mail address, which shall include: description of the materials in relation to which your copyright is probably infringed; evidence of the existence of your copyright in respect of the disputed material, your contact information and signature. The Agency advises you to consult a qualified expert before sending a notice or counter-notice in respect of protection of the infringed copyright. If your notice in respect of protection of the infringed copyright is unreasonable, you shall indemnify for all the losses that the Agency or other owners of such rights may incur to review your letter and establish the fact of copyright infringement.

10.GOVERNING LAW AND DISPUTE SETTLEMENT PROCEDURE

10.1 These Terms and all the relationships arisen from or related to these Terms, including related to its validity, execution, fulfilment, amendment, termination, interpretation of its terms and conditions, determination of consequences of declaring the Agreement void or violation of the Agreement, shall be governed by these Terms. In case of lack of dispute settlement provisions in the terms, the Agency reserves the right to apply the provisions which govern similar relations, including those available in the Terms (similarity). Relationship of the parties, not provided for by these Terms, but similar to those arising from these Terms and/or in connection with its execution, shall be governed by and construed in accordance with the substantive and procedural laws the United Arab Emirates.
10.2 All disputes and contradictions arising in connection with these Terms shall be settled through negotiations between the parties. The party that considers its rights to have been violated shall send the other party a pre-trial claim. The period of pre-trial claim consideration is 30 (thirty) business days upon receipt. In case of non-response to the pre-trial claim within 30 (thirty) business days, and if the answer has been received, but has not satisfied the party that considers its rights to have been infringed, such party may apply to the court of UAE in accordance with the rules of jurisdiction and cognizance established by the UAE legislation.

11. TERMINATION OF RELATIONS WITH THE AGENCY

11.1 You may abandon the use of the Website at any time, by removing your registration information in the "My Account" section. A removal request must be sent via your email, entered when registering on the Website, to the email address of the Customer Care Service. After removing, all data from the "My Account" section (including the list of Bookings, accrued bonuses and personal data of the Purchaser/Passengers/Customers) will be deleted without the possibility to restore them.
11.2 You are deemed to have agreed that the Agency reserves the right, at its sole discretion, to deny you access the Website and the receipt of the Services or suspend the provision of the Services available through this Website at any time without prior notice and for any reason including, but not limited to, in case of your violation of these Terms; in case of suspicion of the use of the Website in any unlawful, fraudulent way that may harm the Agency, the Service Providers/Carriers or third parties; if it is required according to the amended rules and business conditions, unfavorable changes in laws, regulatory restrictions, and change of cooperation with any partner of the Agency.
11.3 Since the termination of your relationship with the Agency: all licenses and rights to the use of Agency intellectual property will be immediately ceased to be valid; you shall immediately deny any use of this Website and receipt of the Services/Agency Ancillary Services available on this Website.

12.MISCELLANEOUS

12.1 If any provision of these Terms is or becomes invalid, ineffective, unenforceable, this shall not affect the validity or enforceability of any or all of the remaining provisions hereof.
12.2 The User shall not fully or partially assign their rights under these Terms in favour of any third party without the prior written consent of the Agency. The Agency may, at its sole discretion, without any reservations and at any time, transfer or assign or subcontract any rights and obligations under these Terms in whole or in part to third parties.
12.3 The digital version of these Terms, including any hard copy of email/SMS messages (which has been sent or received by the User form the Agency or by the Agency from the User), shall be equal to official paper based communication, shall not require any additional certification, shall be considered as sufficient evidence and have the same force as any other documents or notifications on hard copy, and shall be used when dealing with any claims or disputes arising out of or in relation to the fulfilment of these Terms.