Terms and Conditions
This website (the “Website”) is owned and operated by Koyap LLC (“Koyap”). The Services (as defined below) and the Website, including, but not limited to, the content therein, are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”).
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY, LIMITATION ON ACTIONS, NO CLASS ACTION, WAIVER OF JURY TRIAL, AND RESOLUTION OF DISPUTES THROUGH ARBITRATION RATHER THAN IN COURT.
You should also read our Privacy Policy https://koyap.com/ which also governs your use of the Website, and is part of this Agreement. By accessing or using this Website, booking any reservations for air, hotel, cruise, car and other travel products or services (collectively, “Travel Products”) published on, or offered or provided through this Website, or contacting our agents (collectively, “Services”), you agree that the Agreement then in force shall apply. If you do not agree to the Agreement, please do not use or book any reservations, or purchase any Travel Products published on, or offered or provided through this Website or our agents, or otherwise use the Services or Website.
USE OF KOYAP SERVICES AND THIS WEBSITE
As a condition of your use of the Services and this Website, you represent and warrant that:
You are at least 18 years of age;
You possess the legal authority to create a binding legal obligation;
You will use this Website and any Services in accordance with this Agreement;
You will only use the Services and this website to make legitimate reservations of the Travel Products for you or for another person for whom you are legally authorized to act (such other person, the “Passenger”);
You will inform Passengers the Agreement that apply to the reservations you have made on their behalf, the applicable airline’s or other travel supplier’s or service provider’s (each, a “Supplier”) fare rules and conditions of carriage for the Travel Product, and all other rules and restrictions applicable thereto;
All information supplied by you, including on behalf of your Passengers, to Koyap or through this Website or the Services is true, accurate, current and complete.
Koyap retains the right at its sole discretion to deny access to anyone to use this Website or the Services, at any time and for any or no reason, including but not limited to, for violation of this Agreement.
CANCELLATION AND CHANGES
Tickets and/or other Travel Products purchased through Koyap agents are heavily discounted and thus are non-refundable and non-exchangeable. If fare rules allow, cancellations and/or changes are permitted up to 48 hours before departure. There will be a minimum of $250.00 per Passenger processing fee in addition to any fare difference and any applicable fees/penalties charged by the Supplier and/or recalled by the Supplier. Fees vary depending on the specific fare rules. NO SHOW ticket(s) have no value and will not be processed for a refund and/or exchange. Cancellation of reservation does not automatically initiate a refund or guarantee credit.
If fare rules allow cancellations, you will not receive a monetary refund when canceling. Instead, you will receive a credit (less any applicable Supplier fees) towards a future ticket purchase on an international flight of equal or higher value; such credit will be valid for up to twelve (12) months from the original date of purchase and during this period all travel must be complete. The validity of this credit depends on the specific fare rules.
GENERAL RULES AND CONDITIONS
Name Changes. Name changes are not allowed, only the original Passenger can use the ticket(s).
No Show Tickets. “No-show” tickets have no value. A “no-show” status will be applied when a Passenger has not showed up for the outbound flight and has not processed a cancellation. In such case the flight segment will be automatically changed to a “no-show” status, and all the connecting flights associated with this booking, including a return flight, will be automatically cancelled losing any potential future credit value.
Travel Segments. The ticket can be used only in the original sequence of travel segments as it was issued, out of sequence usage is not allowed.
Recommended Check-in Time. The recommended check-in time for all cruises & international flights is a minimum of 3 hours before departure time, even if the Passenger is traveling on a domestic flight to another airport to connect to the Passenger’s international flight. Koyap is not responsible if the Passenger misses his/her flight or cruise by being late for check-in or at the gate. If the Passenger misses his/her flight, you must first contact the airline representative at the airport as they have the best ability to reschedule Passengers on alternative flights. If this is unsuccessful, please contact your Koyap agent.
Missed Flights/Cruise. Missed flights & Cruises are not refundable and non-exchangeable, changes or replacement will be at the discretion of the Supplier. Koyap will use reasonable efforts to assist you, but it cannot guarantee a replacement.
Schedule Changes. Airlines & Cruise-lines retain the right to adjust departure times, schedules and equipment at any time – schedule changes can result in an itinerary change. Airlines/Cruiselines may also at their discretion change or cancel flights or whole itineraries. Passengers should check their travel booking from time to time or at the minimum at least 72 hours prior to scheduled departure for any schedule changes and verify the current departure information on the airline’s website.
Overbooking and Flight Replacement. Occasionally airlines overbook flights, which can result in denied boarding. If your ticket is not honored for any reason, please contact your Koyap agent immediately. Your ticket is guaranteed up to the original paid amount, and Koyap will replace your ticket within 24 hours or provide other alternative options within 24 hours. You agree to give Koyap 24 hours from the time of the original scheduled departure to remedy any issues with your booking.
Frequent Flier Awards. Since most airfares offered by Koyap are heavily discounted they might not offer frequent traveler awards (miles, points etc.), upgrades, certificate vouchers and other discounts or incentives may not apply to the Travel Products. Additionally, mileage accrual may not apply to all flight segments. Please discuss any aspects of frequent traveler awards with your Koyap agent before booking and finalizing the itinerary.
Baggage Allowance. Passengers may have to pay additional fees at the airport if their checked luggage exceeds weight, size or quantity allowed in the standard baggage allowance by the airline. Some airlines do not offer any free baggage allowance. Baggage allowance policies and baggage fees associated with checked or carry-on baggage vary widely and are subject to change by the airlines at any time. Please inquire with the applicable airlines for more information.
Hotel and Other Services Fees. Take special note that hotel accommodations, transfers and all service fees may not be refundable or exchangeable.
VISA(s), TRANSIT VISA(s) AND OTHER TRAVEL DOCUMENTS
The Passenger is responsible for ensuring that he/she meets foreign entry requirements and that his/her travel documents, such as passports, visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Koyap has no obligation to advise clients on any visa or travel document requirements and will take no responsibility in case of denied boarding or entry into a country due to lack of visa(s) or improper travel documents. The Passenger’s passport should be valid for a minimum of 6 months from the date of travel. We urge you and you agree to inform your Passengers, to review travel restrictions, warnings, announcements, and advisories issued by the relevant government agencies prior to booking travel to international destinations. Traveling on a one-way ticket may not be allowed to certain destinations, please check if this is allowed before the Passenger’s departure. Please note that some countries may require a visa and/ or a health card. It is the Passenger’s responsibility to have all required travel documents in possession at check-in. It is strongly recommended that Passengers review visa requirements for all stops as some countries may require a transit visa. You, and the applicable Passenger, must consult the relevant Embassy or Consulate for information related to passports, visas and other travel documentation and information including, but limited to any travel and health advisories. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if the Passenger is refused entry onto a flight or cruise or into a country due to failure to carry correct and adequate passport, visa, or other travel documents required by any airline/cruise-line representative, government or border control authority, including countries the Passenger may just be transiting through even if the Passenger does not leave the aircraft, ship, airport or port.
INTERNATIONAL TRAVEL: HEALTH
Health: Recommended inoculations for travel may change and the Passenger should consult his/ her doctor for current recommendations before departure. It is the Passenger’s responsibility to ensure that he/she meets all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to the Passenger’s trip.
IMPORTANT: PLEASE READ THE ‘DISPUTES’ SECTION (WHICH INCLUDES EXCLUSIVE ARBITRATION, NO CLASS ACTION, AND WAIVER OF JURY TRIAL) CAREFULLY.
DISPUTES
You agree to give Koyap an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any Services or Travel Products, or any statements made by us or content contained in the Website or the Services or any documentation provided by us, or these Agreement (“Claims”) by contacting your Koyap agent or Koyap at 1 (833) 623-9754. If we are not able to resolve your Claims within 60 days, you agree to seek relief exclusively through binding arbitration or in small claims court, as set forth below.
Exclusive Arbitration: You hereby agree that any and all Claims will be exclusively resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against Koyap or its affiliates, Suppliers or any third party offering Travel Products through the Website or Services (which you hereby acknowledge and agree that are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Agreement, regardless of whether prior versions of the Agreement required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Agreement as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The place of arbitration will be in San Francisco, California. All proceedings will be held and a transcribed record prepared in English. The number of arbitrators shall be 1. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Koyap Legal: Arbitration Claim”, at Koyap LLC, 8 The Green, Set B, Dover, DE 19901. If we request arbitration against you, we will give you notice at the email address or street address you have provided. A party requesting arbitration must also provide a copy of the request to the AAA at www.adr.org or at any AAA office.
No Class Action: Waiver of Jury Trial: Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action whether in arbitration or in court. If for any reason a Claim proceeds in court rather than in arbitration, we each hereby waive any right to a jury trial.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would require the laws of another jurisdiction to apply. The Federal Arbitration Act and federal arbitration law apply to this Agreement. This Agreement will not be governed by the following, the application of which is hereby expressly excluded: (x) the conflict of law rules of any jurisdiction, (y) the United Nations Convention on Contracts for the International Sale of Goods, and (z) the Uniform Computer Information Transactions Act, as enacted in any jurisdiction. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney’s fees and reasonable costs for expert and other witnesses, and judgment on such award may be entered in any court with competent jurisdiction.
Injunctive Relief: Notwithstanding the foregoing, nothing in this Agreement will be deemed to prevent Koyap from seeking injunctive relief (or any other provisional remedy) from any court of competent jurisdiction as necessary to protect its rights pursuant to this Agreement. The prevailing party in any suit will recover its reasonable attorney’s fees and costs, including expert costs, from the other party.
IMPORTANT: PLEASE READ THE ‘DISCLAIMER’, ‘LIMITATIONS OF LIABILITY’, AND ‘LIMITATION ON ACTIONS’ SECTIONS CAREFULLY.
DISCLAIMER
By offering reservations for Travel Products for any particular destinations including, without limitation, international destinations, Koyap does not represent or warrant that travel to such areas is advisable or without risk and is not liable for damages, losses, or personal injury (including, without limitation, death) that may result from travel to such destinations.
Koyap is not responsible, and will not be liable, and you agree to bear the entire risk, for any inaccuracies, non-currentness, or incompleteness of any information supplied by you, including on behalf of your Passengers, to Koyap or through this Website or the Services. Koyap is not responsible, and will not be liable, and you agree to bear the entire risk, for the full list of the requirements, and sufficiency of travel documentation, the applicability, availability, or requirements for visas for travel or upon arrival at the travel destination, irrespective of what is stated on our Website, the Services, or in any documentation we provide you.
Koyap and its suppliers make no representations or warranties about the suitability for any purpose of Services, Website, or the content, information, software, or Travel Products contained thereon or provided by Koyap , and the inclusion or offering of any Travel Products through the Website or Services does not constitute any endorsement or recommendation of such Travel Products by Koyap. The Services, Website, and all content, information, software, or Travel Products contained thereon or provided by Koyap, are provided on an “as is” and “as available” basis without warranty of any kind. Koyap and its affiliates and suppliers disclaim any and all representations, warranties, and conditions of any kind, whether express, implied, statutory or otherwise, including the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, noninfringement, accuracy, completeness, and currentness, and all warranties that may arise from a course of dealing, regarding the Services, Website, and all content, information, software, or Travel Products contained thereon or provided by Koyap. Koyap does not warrant that the Website, Services, or its servers or any email sent from Koyap and/or its suppliers are free of viruses or other harmful components, will be error-free, will be uninterrupted, or will be corrected.
The content and information including, without limitation, images, travel options, experience, amenities, product or service descriptions, testimonials, reviews and ratings, pricing and availability, published or displayed on the Website or Services, the Travel Products offered or provided through the Website or Services, and any documentation provided by Koyap, may include inaccuracies or errors, including reservation availability and pricing errors. Koyap does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to such content, information or Travel Products. In addition, Koyap and its suppliers expressly reserves the right to correct any availability and pricing errors displayed on the Website or Services and/or any documentation provided by Koyap.
LIMITATION OF LIABILITY
The content, information and Travel Products published on, or offered or provided through the Website or Services, or any documentation provided by Koyap, may include inaccuracies or errors, including, without limitation, pricing errors and errors in required travel documentation. In particular, Koyap disclaims all liability for any errors, inaccuracies, incompleteness or non-currentness relating to the pricing, required travel documentation, and other information and description of Travel Products published on, or offered or provided through the Website or Services (including, without limitation, the images, travel options, experience, amenities, product or service descriptions, testimonials, reviews and ratings, pricing and availability), or any documentation provided by Koyap. Koyap expressly reserves the right to correct any pricing or other errors on our Website, the Services, and/or in any documentation provided by Koyap. Suppliers of the Travel Products published on, or offered or provided through the Website or Services, are independent contractors and not agents or employees of Koyap. You hereby agree that Koyap and its affiliates, and each of their respective officers, directors, members, employees, contractors, or agents (collectively, “Koyap Representatives”) shall not be liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Suppliers of the Travel Products or for any personal injuries, death, property damage, or other damages, liabilities, losses, costs or expenses resulting therefrom. You hereby agree that Koyap shall have no liability and will not be obligated to make any refund or exchange of tickets or Travel Products in the event of any delay, cancellation, overbooking, supplier or airport rescheduling, strike, force majeure or other causes beyond Koyap’s direct control, and Koyap and Koyap Representatives shall have no responsibility for any additional costs or expenses, omissions, delays, re-routing or acts of any government or other authority.
To the maximum extent permitted by law, in no event shall Koyap or any Koyap Representative or its licensors, suppliers or any other party involved in the creation, production or delivery of the Website or Services be liable for any direct, indirect, punitive, incidental, special or consequential damages, or for loss of profits, sales, business opportunities, revenues, goodwill, reputation, data use, or data, arising out of, or in any way connected with, these Agreement or the Travel Products, your access to, or use of, this Website or the Services, the delay or inability to access or use this Website or the Services, your reliance upon any content or information published or displayed on this Website or the Services, or any issues caused due to your access to, or use of, the Website or Services (including, without limitation, computer viruses), whether based on a theory of negligence, misrepresentation, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Koyap, any Koyap Representative, any Supplier of the Travel Products, or any other supplier or licensor of Koyap, have been advised of the possibility of such damages.
To the maximum extent permitted by law, Koyap’s total cumulative liability to you and your Passengers arising out of, or in any way connected with, these Agreement from or relating to this Agreement and the Travel Products, your access to, or use of, this Website or the Services, the delay or inability to access or use this Website or the Services, your reliance upon any content or information published or displayed on this Website or the Services, or any issues caused due to your access to, or use of, the Website or Services (including, without limitation, computer viruses), whether based on a theory of negligence, misrepresentation, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Koyap, any Koyap Representative, any Supplier of the Travel Products, or any other supplier or licensor of Koyap, have been advised of the possibility of such damages, will not exceed: (a) the service fee you paid to Koyap for the Travel Product that gave rise to the liability, and (b) ten U.S. dollars (USD 10) for any other liability. You acknowledge and agree that the service fees charged by Koyap for the Travel Product you purchase hereunder reflects the allocation of risk set forth in these Agreement and that Koyap would not enter into these Agreement or provide any Travel Product without these limitations on its liability. The foregoing limitations of liability are independent of any exclusive remedies set forth in these Agreement. Koyap disclaims all liability of any kind of Koyap Representatives, and Koyap’s suppliers and licensors. These limitations of liability also inure to the benefit of Koyap Representatives, and Koyap’s suppliers and licensors.
LIMITATION ON ACTIONS
Any arbitration proceeding, claim, suit or other action based on or related to these Agreement, or arising out of, or in any way connected with, these Agreement from or relating to this Agreement or the Travel Products, your access to, or use of, this Website or the Services, the delay or inability to access or use this Website or the Services, your reliance upon any content or information published or displayed on this Website or the Services, or any issues caused due to your access to, or use of, the Website or Services (including, without limitation, computer viruses), whether based on a theory of negligence, misrepresentation, contract, tort, strict liability, consumer protection statutes, or otherwise, must be instituted by you against us within one (1) year after the occurrence of any one or more of the acts, omissions, facts, conduct, events, claims or allegations upon which the action, proceeding or claim is based. You, on behalf of yourself and your Passengers, waive the benefit of any statute of limitations which specifies a period longer than one (1) year for filing an action or proceeding.
INDEMNITY
You agree to defend, indemnify and hold harmless Koyap and Koyap Representatives from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties (including, without limitation, Suppliers and Passengers) as a result of:
- Your breach of this Agreement, or any terms related to the Travel Products;
Your violation of any law or the rights of a third party (including, without limitation, any Supplier or Passenger); or
Your use of the Travel Products, Website or Services.
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