Terms and conditions
The present Agreement of reservation, issuance, and sales of tickets of the service (hereinafter "Agreement") apply to the Users and are an official and public offer of the Merchant, SP Systems LLC, which has proprietary and non-proprietary rights to the website turisto.com.
The User, acting with the purpose of getting the services of ticket reservation, issuance, and sales, accepts the provisions of the present Agreement:
The present Agreement is a public offer (under Articles 633, 641 and Chapter 54 of the Civil Code of Ukraine); its provisions are the same for all the customers, notwithstanding their status (a natural person, a legal person, or a sole trader).
In the event of acceptance of the present Agreement, i.e. Merchant’s public offer, the User becomes a Customer. The Merchant may, at any time and at its own discretion, amend, or in any other manner edit, the present Agreement, without prior notification thereof to the User. The User’s further use of the Website means that the User automatically accepted the amended or edited Agreement.
The consent to the processing of the personal information is valid throughout the whole period of the Agreement, as well as permanently after termination thereof. Besides, by accepting the present Agreement, the Customer confirms that he or she is notified (without additional notification) of the rights established by the Law of Ukraine “On Protection of Personal Data” of data collection purposes, as well as of his or her personal information being transferred to the Merchant with the purpose to provide the possibility of compliance with the present Agreement, the possibility of mutual settlements, as well as reception of invoices, reports, and other documents. The Customer as well agrees that the Merchant has the right to provide access to and transfer his or her personal information to third parties without additional notification to the Customer, without thereby modifying the purpose of processing the personal information. The scope of rights of the Customer, as a subject of personal information, under the Law of Ukraine “On Protection of Personal Data” is familiar and understandable to him or her.
Conditions and terms
Merchant — SP SYSTEMS Limited Liability Company, invested with the right to provide the services of reservation, issuance, and sales of tickets on behalf of the Carriers and Service Suppliers.
User — a capable natural person who is at least 18 years of age and has the right to conclude contracts with the Merchant, including submission of an Order, reservation and/or purchase of services on the website turisto.com, or any other user of the services, purchased on the website turisto.com. If the provisions of the present Agreement, i.e. Merchant's public offer, are accepted, the User becomes a Customer.
Customer — a capable natural person who is at least 18 years of age and who accepted the present Agreement.
Website — a website available to the general public, open for visual familiarization, owned by SP SYSTEMS LLC, and located on the Internet at turisto.com
Service — a complex of actions provided by the Carrier to the Customer on payment. The User chooses the scope of Service and its effective date independently, from the options provided on the Website, during reservation. Under the present Agreement, the Carriers are not obliged to provide the Customer any services besides those specified in the order on the Merchant's site. The list of services provided to the Customer on order may be changed by the Carrier unilaterally, without notice to the Customer. The Merchant provides Services in accordance with the terms of partner/agent/subagent agreements with the Carriers and Carriers Agents.
Carrier — a company which directly provides a passenger carriage Service selected and paid via booking system and online payment.
Electronic payment system — a legal person, a technical infrastructure, which accepts Customers payments for the Services offered on the Website under the agreement with the Merchant.
The Subject Matter of the present Agreement is the provision to the Customer of a possibility to purchase Services and tickets offered on the Website for personal, family, private, or other use not related to business activity.
The name, price, number, and scope of the offered Services and tickets, as well as other provisions of the Agreement, are defined on the basis of information provided by the User during order submission.
Customer's unconditional acceptance of and compliance with the conditions of the IATA Agreement, as well as with the fare rules, with the terms of refund and exchange of Carrier's service, selected by the User, are mandatory.
Registration on Website
Any visitor to the Website may use the informational sections of the Website in order to select and get familiarized with available itineraries, prices, types, contents and conditions of Service and/or ticket provision.
Only the registered Users may purchase Services and/or tickets on the Website.
The User is registered with the Website automatically when the required personal information is entered on the purchase page and when the acceptance of the present Agreement, IATA Agreement and fare rules are accepted.
The registered users are provided an option to access the order dashboard. To access the order dashboard, the number of the order, created and paid by the User, and email address, specified by the User on the purchase page, are used
The User is fully liable for the preservation of registration data privacy. Any actions on the order dashboard, are considered to be performed by the User personally once the access data is entered in the login form of the site.
Submission of order, payment for, refund, and transfer of tickets
By ordering a Service and/or tickets on the Website, the User agrees that the Service and/or tickets are provided in the manner and scope as provided by the Carriers.
The Service and/or ticket price, displayed on the search results page and on the reservation and payment page of the Website, is provisional and may change depending on the fares chosen by the User and on Passengers information.
The final price of the Service and/or tickets is displayed after the User has selected fare and service class, carriage number, seat numbers on rail and/or bus segments and filled in all the mandatory fields in the section "Passenger Information" on the Website's reservation and purchase page.
All the concessions and special fares for Passengers of a certain age, established by the Carriers, are provided on condition that they correspond to the age category criteria on the date of journey.
The payments for tickets and/or services of the Carriers and Merchant are made via the Electronic Payment System. The Customer is aware that if the Merchant's currency and the currency of the Customer's payment card do not coincide, the bank may convert the funds at its internal rates, which do not coincide with the rates on the Website. By paying, the Customer confirms that he or she has received the corresponding information and accepts the final price.
A Service and/or tickets are considered to have been fully provided during submission of e-tickets, tickets with deferred printout, and other documents, which entitle to carriage and are exchangeable at Carriers booking offices, at Customers email address specified on the reservation and purchase page of the Website.
The funds transferred to the Merchant are returned under the effective laws of Ukraine, payment system rules, and fare rules, established by the Carrier's.
If a refund is initiated by the Customer, the Merchants service fee, as well as the payment systems markups, is not refunded. The Merchant has the right to request scanned copies of additional documents from the Customer who initiated the refund: personal IDs, applications, notes, certificates, and other documents confirming the reasons for the refund, as well as a bank statement for the settlement of disputed financial issues. The decision on imposing penalties, in the event of involuntary exchange/refund not caused by the Carrier, exclusively depends on the ticket fare rules and is taken by the Carrier.
The Customer receives the amount refundable via the same method as the order was paid.
The conditions of any changes in the issued documents (e-tickets), service denial, refund, as well as other conditions of service provision by the Suppliers, are regulated by the fare rules for the Service, Carriage Agreement with the Carrier, the Service Agreement with the Website, as well as the laws of Ukraine, and may stipulate the imposing of penalties on the Customer.
The Merchant charges an additional service fee for the service of applying changes to the Tickets.
In order to submit a ticket change or refund request, the Customer must use the corresponding services in the order dashboard of the Website.
Right, obligations and liability of the parties
The User has the right to:
Use all the available services and informational sections of the Website with the purpose of purchasing of or familiarization with the available itineraries, prices, types, contents, and conditions of Service and ticket provision;
Use the informational services of the Website's Support Team;
Purchase a Service and/or tickets for third parties (Passengers) or on their behalf, only if he or she is authorized by such parties to select and purchase a Service and/or tickets, as well as to provide their personal information needed to apply for the Service.
The User shall abide by the rules and conditions of purchase, established by any Carrier with which he or she will collaborate within the scope of the selected Service including, but not limited to, the payment of all the amounts in due time and in accordance with the established fares, rules and limitations of the Carrier.
The User (the Customer) is liable for, notified of, and aware that:
Any violation of any rules and conditions of the Agreement, as well as Carriers limitations, may result in a partial or a complete cancellation of orders, denial of purchased Services and/or tickets, without return of funds paid for the order, as a result of such violation;
All the stages of placing an order — specifying routes and dates, selecting routes, entering Passenger and User information, selecting payment methods, and the like — are an exclusively independent choice of the Customer;
The Customer is fully liable for the accuracy of the information which is entered during reservation. The information entered by the Customer is automatically saved in the reservation system, in Carriers internal database, as well as in the Website's system for further generation of order;
The User is fully and individually liable for compliance with the conditions and Rules of the selected carrier;
The User and the Passengers are fully liable for the presence and accuracy of documents, visas, needed to cross the borders of transit and destination countries. The expiry date of Passenger's passport and other documents must meet the requirements of the host countries;
Credit card fraud (or attempts thereof) are punishable under the effective Laws.
The Merchant has the right to:
Apply changes on the Website without special notice or without warning the Users, at its own discretion at any time;
Suspend the provision of Services and the sales of tickets on the Website with the purpose of technical maintenance;
Correct any errors in the Service and ticket prices on the Website and/or in the created orders (paid and unpaid), booked at a wrong price; in that case, if possible, the Customer will be offered to save the order with the correct price or to cancel the reservation without withholding a penalty;
Deny anybody access to the Website and the offered Services, at its own discretion, at any time and for any reason, without informing or notifying the User.
The Merchant does not mediate disputes between the Customer and the Carrier.
The Merchant does not provide legal services and does act on behalf of the Passengers before the Carriers and the Service suppliers, as well as other parties.
The Merchant is not liable and does not provide reimbursement, under any circumstances, as well as does not guarantee accuracy and disclaims all the obligations for any errors or inaccuracies, neglect, claims, guarantees, violations, or negligence with regard to goods and services of all the Carriers and Service Suppliers, without exception, available on the Website, or for any bodily injuries, death, property damage or any other damages or unforeseen expenses caused by the above-mentioned, for damages and losses incurred from the journeys to different parts of the world.
The Merchant is not liable for negative consequences and losses caused by events and circumstances beyond its competence, as well as for acts (negligence) of third parties, namely:
In the absence of possibility to fulfil the undertaken obligations due to inaccurate, insufficient, and untimely evidence and documents, provided by the User, or User's violation of the present Agreement or requirements to the documents;
For the actions of Carriers (change, cancellation, rescheduling, delay of flights, trains, buses, removal of fare, cancellation of paid and unpaid reservations), for integrity, loss, or damage of passengers baggage, cargo, valuables, and documents throughout their trip;
For the actions of customs and immigration authorities;
For limiting passenger's right to leave starting point by the law-enforcement bodies of a respective country;
For actions of foreign countries consulates, including delay, denial or rescheduling of entry visa issuance;
For the consequences of passenger's violation of customs and border-crossing procedures, rules of passage and baggage transportation, as well as for violation of special rules of conduct in a country of temporary stay;
For the absence of passenger's travel documents which were received from the Merchant;
For a no-show or missed flight check-in or train;
For passengers failure to comply with the on-board behavior rules established by the Carrier;
For the absence of passengers international passports on the departure date, or the corresponding documents required for international travel of minors;
For authenticity and correctness of passenger's documents (authenticity of information contained therein).
The User (the Passenger) confirms and guarantees that he or she is familiarized and agrees:
- With the requirements to the issuance of documents, needed for the journey, and assumes full liability for the preparation of all the documents required for the journey;
- The Passenger must independently get familiarized and comply with all the requirements of the destination country, including the requirements to the issuance of documents needed for departure and arrival;
- Necessity of obtaining visas, purchase of a return ticket when entering a country with a visa-free regime, or compliance with other requirements to the entry (international travel insurance, proof of sufficient funds, etc.), the necessity to issue other documents for international travel of minors, for animals, permits for exportation of firearms, pieces of art and other permits and licenses;
- With the Carriers fare rules, including the refund and ticket exchange conditions, as well as with the conditions of flight connections, if the ticket includes connected flights (time sufficient for connection, transit visa issuance, etc.);
- With the requirements to international and other official documents, including the period before passport expiry needed to obtain a visa and to enter the host country; peculiarities and rules of border (customs) control (regime);
- With the obligation to comply with the customs and border-crossing rules;
- That the passenger's has full and individual liability for the validity of international passports, minor travel consent letters, and other documents required for the crossing of border, for authenticity of the information contained in these documents;
- That passenger's deportation with invalid entry and exit documents is made exclusively at the expense of the Passenger.
Any disputes which may arise with regard to the present Agreement are settled by way of negotiations. Pertaining to any issues which are not regulated by the present Agreement, the Parties abide by the laws of Ukraine.
The laws of Ukraine apply to the relations which arise from the present Agreement.
The content and information on the Website, as well as the infrastructure used for the provision of this content, is owned by the Merchant or the Suppliers and providers. User gives his/her consent not to change, not to reproduce, not to create a product derived therefrom, not to sell or resell any information, software, product, or services received through, or by means of, the Website.
User is forbidden to:
use the Website or content thereof for commercial purposes;
make any speculative, false, or fraudulent reservation targeted at the demand;
get access to, monitor, or copy any content or information from the present Website by using any robots, search engines or other automatic means or manual processes with any purpose without Merchant's written permission;
violate the restriction of any HTTP header in order to block the work on the Website or bypass and commit any other fraudulent acts pertaining to other means which are used to prevent or limit the access to the Website;
perform actions which cause or may lead to, in Merchant's view, an excessive or big overload of the system;
make a frame, mirror or in any other way include any part of the present Website in any other Website without prior written permission of the Merchant.
The processing of personal information
The Customer gives his or her consent to the processing of his or her personal information (including collection, storage, systematizing, change, erasing, use, sharing, depersonalization, or blocking thereof). The purpose for the use of personal information and its further processing is Customer's reception of services provided by the Website.
The Merchant shall process Customer's personal information in accordance with the effective laws on protection of personal information. The Merchant undertakes (but does not guarantee) to apply maximum efforts to prevent sharing of Customer's personal information except when it must be provided under the effective laws of Ukraine.
The Merchant has the right to conduct statistical or marketing research by using the personal information provided by the Customer and publish the materials of such research. Revocation of the consent to the processing of personal information may be performed by Customer's filing of a respective written query to the Merchant. To that effect, the Customer agrees that such revocation may lead to the denial, on the part of the Merchant, of services due to the absence of possibility to provide them without the specified information.
The Customer authorizes the Merchant to publish his or her personal information in the databases of the corresponding services, only within the limits of providing the purchased services to the Customer. The Customer agrees that his or her personal information may be shared with third parties if the performed operations require Customer's identification.
The Customer confirms his or her agreement to receive executive, technological, or personal messages from the Merchant at the email address and via other Customer's contacts, at any time and of any kind, including advertisements.
The Customer guarantees that the provided information is true, accurate, does not contradict and does not violate the effective laws of Ukraine, as well as does not infringe the personal life and property of third parties, public morality and does not contain a program or other code targeted at interception, appropriation, or distortion of information.
Acts of nature (Force majeure)
The Parties are exempt from liability for full or partial failure to fulfil the obligations under the present Agreement if the failure was caused by acts of nature (force majeure) which arose after the conclusion of this Agreement.
The acts of nature (force majeure) include fire, natural disasters, military operations of any kind, epidemics, acts of legislative or executive bodies which prevent from fulfilling the obligations, complete or partial suspension of banking operations, terrorist attacks, and other circumstances beyond reasonable control of the Parties. The term for the fulfilment of obligations under the Agreement shall be delayed proportionately to the time during which the acts of nature (force majeure) will last.
The Party which does not have a possibility to fulfil the obligations under the Agreement must immediately inform the other Party of the beginning (and the end) of the circumstances specified in clause 10.2 of the present Agreement. Failed or delayed notification of the specified circumstances exempts the Parties from the right to refer to these circumstances and does not exempt them from the liability under this Agreement. The term of obligations fulfilment by the Parties will be deferred proportionately to the time during which such circumstances will last. If the acts of nature (force majeure) last for more than 14 (fourteen) calendar days, either party will have the right to disclaim the obligations under the Agreement. The presence of the specified circumstances is proved by corresponding decisions (acts) of the Chamber of Commerce of Ukraine or another competent body.
When the specified circumstances arise, the Parties have the right to demand termination of the agreement at court of laws.
All the materials on the Website are owned by SP SYSTEMS LLC or its partners. All the materials are protected by copyright and intellectual property laws, including, but not limited to, Website's layout, trademarks, logos, texts, software, database rights and other elements of the site's contents.
The User does not have a right to fully or partially copy, distribute or otherwise use or reproduce the content of the Website or of the main program code without prior negotiation with SP SYSTEMS LLC.
If the User becomes aware of a law violation with regard to our brand, please report it to Website's Support Team.
If the User is fully convinced that the material which is published on the Website violates his or her copyright, the User (or his/her representative) may submit the Merchant the original or a scanned copy of the written notification containing detailed and accurate specification of the material which violates the rights, with a proof of rights violation, sender's contacts and signature.
Use of the Website is illegal under any jurisdiction which does not recognize all the conditions of the present Agreement.
If any section of this Agreement is voided, declared illegal or not binding, the validity, legitimacy, and applicability of the other clauses shall remain in force.
The printed version of the present Agreement and any electronic notification may be accepted for litigations or administrative disputes, due to or pertaining to the present Agreement, to the same extent and on the same conditions as other official documents and records which are initially written and stored in writing.