TERMS OF THE AGREEMENT BETWEEN THE CLIENT AND FOX-AERO.COM

1. AGREEMENT PREAMBLE

Before using the website fox-aero.com (hereinafter referred to as the “Site”), please carefully read the following terms and conditions (hereinafter “Terms”), which are a contractual agreement (hereinafter “Agreement”) between us and you as the user of the web page.

This contract contains important information on the use of the Site and the terms of booking and / or purchasing air tickets of different air carriers, as well as on the provision of other travel services on this Site by us or our partners.

In the context of this agreement, the terms "we", "us", "our" and "fox-aero.com", as well as "fox-aero.net"; "fox-aero.eu"; " fox-aero.ro ”; “ fox-aero.md” belong to FOX-AERO LLC. The words “you” and “your” refer to users who visit this website (including those who visit the website on behalf of others) and / or make a reservation on this website or through our Customer Support, and the word “web site ”also means the mobile version of the site and the Fox-Aero mobile app.

When accessing or using the Site in any way, you accept and agree to adhere to the conditions described in the Agreement. If you do not agree with these conditions, please do not use the services of the Site and, if possible, leave it.

We reserve the right at any time, at our discretion, to modify or otherwise edit the Agreement, without prior notice and continued use of our website implies that you have accepted the modified or edited version of the Agreement.

Each time you visit our Site, you will be assigned a unique user ID (which is formed, for your convenience, at the bottom of the Site), which you can use when communicating with Customer Support.

If you have any questions regarding the use of this Site, please contact our Customer Support:

Phone: +1 (929) 378 7691 (according to the tariffs of your operator)

Telegram, Viber or Whatsapp

Email: officenyc@fox-aero.com

Online chat

2. TERMS AND DEFINITIONS USED IN THE AGREEMENT

“Air Ticket” / “e-ticket” - is an electronic digital document/ticket formed by the Booking System on behalf of the Air Carrier or the Air Carrier itself, stored in the Air Carrier / Service Provider’s booking system, in the global distribution system. The air ticket is to certificate the Air Carriage Agreement between the Air Carrier and you as the Client / Recipient / Air Passenger, and confirms the right of the persons indicated in the document to use the Service; and also obliges the Airline / Service Provider to provide the Service in the amount selected and paid for by you when creating the Order / Booking. This document is generated by us, or directly by the Airline / Service Provider, and in the form of an electronic document and sent to your e-mail, and, as a general rule, is available in the "My Fox-Aero" section.

 “Air Carrier” means an airline that provides the Air Carriage Service selected and paid for by you when you create an Order / Booking. The identification of your chosen carrier will be communicated to you before you enter into a Service Agreement with us. Please note that your flight (s) may include two or more selected carriers.

“Agency” - Limited Liability Company “Fox-Aero” , registered number 9665, identification number  1017600047950, which owns the property and non-property rights to the website FOX-AERO.COM and which has the right and / or at the expense of the Air Carriers / Service Providers, on the basis of partner / agency / subagent / other agreements concluded by the Agency with the respective Carriers / Service Providers, to sell their Services.

“Reservation” / “Order” means a request for services selected by you on the Website that are automatically assigned by the Booking System to a specific individual that is confirmed and accepted by the Agency. Reservations are made on the basis of the Order you have created, including, but not limited to: passenger seats (without specifying a specific seat) and carrying capacity for transportation of baggage on a particular flight, on a specific date, time and route. Information on the reservation made and its condition is provided to you by the Agency / Booking System based on data received from the respective Air Carrier / Service Provider.

Any Order acquires the status of a reservation and will be considered accepted by the Booking System only after a combination of two factors:

1) receiving confirmation of payment from you for the Agency service;

2) receipt from the Air Carrier / Service Provider of the confirmation of the opportunity to provide the Service included in the Order (for example, to issue (issue) a Ticket), and transfer such confirmation to you from the Agency.

The order may include full payment at the time of its creation or payment in the time allotted for this after its confirmation. An unpaid order means thata seat is reserved for a certain period of time and during this time can only be sold to the Customer who has created it, taking into account the conditions of this Agreement. Unpaid Order / Reservation is canceled after the expiration of the period allocated for its payment. The reservation status is determined and displayed in the "My Fox-Aero" section.

"You", "Client", "User", "Buyer", "Passenger" - an individual who uses the Site and / or makes a Reservation in accordance with the terms of this Agreement and are a party to this Agreement and / or the Agreement on the provision of the Services with the relevant Supplier Service / Carrier. The user can also be a Buyer and Passenger and Air Passenger or Customer.

“The Global Distribution System (GDS)” is an international computer reservation system used by the Agency, Air Carriers and Service Providers, containing information on schedules, availability, fares, and related services, through which air tickets are booked and issued to the users of the system. The Global Distribution System uses its own internal exchange rates.

“Air Carriage Agreement” means an air carriage contract for a passenger and baggage concluded between the Air Carrier, on the one hand, and you, on the other hand, as a result of your order creation for the purchase of Air Carriage Services, in accordance with the terms of the agreement.

“Low Cost Carrier” is a budget airline offering extremely low airfares in exchange for abandoning most of the traditional passenger services offered by classic air carriers. Traditional passenger services are offered to you, as a rule, for an additional fee. As a general rule, airline tickets purchased from low-cost carriers are non-refundable.

"PNR" (Eng. Passenger Name Record) is a code indicating the booking of a flight and contains information about the passenger and flight. It can consist of any combination of numbers and / or letters, and can always be found on an electronic ticket or boarding pass. The PNR number doesn’t represent the order number on Fox-Aero.com.

The section "My Fox-Aero" is a closed area of ​​the Site, accessible only to Users who have passed the registration / authorization procedure and includes subsections:

* “My Bookings” - contains information about all created Reservations on the Site, correspondence with the operator of the Customer Support regarding orders, as well as module for submitting a request for a return / void / change of the Service;

* “My data” - a mechanism for storing and editing personal data of the Buyer, as well as Passengers / Clients;

* “Change Password” - to change the Client’s password to enter the “My Fox-Aero” section

“Service (Services)” - a set of actions that are provided by the Air Carrier / Service Provider to you after the payment of the Order and in accordance with this Agreement. The scope, terms and conditions of the provision of the Service are chosen by you when creating the Order from the provided options in the Booking System upon your request. Air Carriers / Service Providers are not obligated to provide you with other Services other than those specified and paid for by you.

3. GENERAL TERMS AND CONDITIONS OF THE TERMS OF SERVICE 

Subject matter of the Terms. The subject of these Terms is the provision of services for booking, formalization and sale of Services by the Agency and the provision of the Agency Services with technical capabilities of the Website based on the terms and conditions defined hereunder. 

These Terms and other regulations. On the Website and in the Booking process, you are provided with these Terms, the IATA Agreement, the Agency's Privacy Policy as well as the Service Provision Rules/Fare Rules (depending on the respective Service). In the Booking process, you are asked to accept these Terms as well as the mentioned regulations provided to you by clicking the respective checkboxes that include a link to the full text of these Terms and the respective regulations before you place your Booking. Section Information contains general information, shall be used as a general guidance for the website use and best practices regarding purchasing flight tickets, etc. Please double check the information in the Information section with the Customer Support or the Carrier / Service Provider. 

Acceptance of the Terms. If you register on the Website, and/or place the Booking or order the Agency Services, you are invited to click a respective checkbox indicating a direct link to these Terms in order to have: 

-accepted the terms and conditions defined in these Terms entirely, unconditionally, and without any changes, namely made Acceptance of the Terms; 

-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 when using the Website and placing Bookings, and in case of violations of these Terms, agreed that the Agency has the right to take all necessary measures to eliminate violations and protect its infringed rights in accordance with these Terms and the provisions of the applicable law; 

-agreed on collection and processing of your personal data according to the terms and conditions of personal data protection (privacy policy), which are available at the following link; 

-given your consent to the Agency to act in your name and on your behalf as your representative in order to process the Booking in the extent that is necessary for the performance of the Agency services. 

Preconditions of the Provision of the Services and Agency Services. The Agency as mere travel agent/retailer provides Booking of the Services on the Website pursuant to the terms and conditions of partnership, agency, subagency and other agreements concluded with the Service Providers / Carriers. When placing the Booking on the Website, you thus enter into direct contractual relationships with the Service Providers / Carriers. Hence, the Agency shall act only as an intermediary between you and the respective Service Providers / Carriers. The Agency shall transmit only the details of your Booking and shall not be a provider, organizer or joint provider/organizer of the ordered Services. 

The Agency cannot influence the terms and conditions in respect of the provision of the Services by their direct suppliers and shall not be liable if they violate the terms and conditions of the provision of the Services. The Service Providers / Carriers that provide travel, leisure and other Services, which are available on the Website, are independent contractors and are not dependent agents or employees of the Agency. The direct Carrier / Service Provider shall be fully responsible for the provision of the Services for the Passenger/Customers. The Agency Services shall be provided pursuant to the terms and conditions of the Agency as defined in the Terms and create legal relations directly between you and the Agency.

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

Booking. For placement of the Bookings on the Website, the Purchaser shall provide their personal data and the personal data of Passengers/Customers if needed for Booking the selected Service, including: 

-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. 

In case the personal data specified in the Booking does not correspond with the data specified in the Passenger's / Customer's ID card or is defined in the wrong order (i.e. the name and the last name disorder), the Passenger/Customer might not be entitled to receive the Services. This provision does not limit the consumer's statutory warranty rights. 

When placing the Booking, you shall fill in all the fields that are marked in the Booking System as "required" to be filled in. The Bookings placed by you (the completion of all stages of the Booking process on the Website) is automatically processed by the Booking System on the Website. All the Bookings are available for viewing in the "My Fox-Aero" section.

When you place the Booking, the Booking System may offer you additional services of the Carriers / Service Providers and / or Agency Additional Services (for example sms notification, etc.). 

If additional Carrier/Service Supplier Services and (or) Agency Ancillary Services, offered by the Booking System, were not relevant to the Customer/Recipient, and the Customer, during the creation of the Order, failed to remove such checkmarks (“ticks”), prior to payment payment, the additional Carrier/Service Supplier Services and (or) Agency Ancillary Services, offered by the Booking System, will be considered as relevant to the Customer/Recipient and will be included in the Order. 

The Customer shall not file any claims, complaints, lawsuits, suits, etc. due to the fact that additional Carrier/Service Supplier Services and (or) Agency Ancillary Services, offered by the Booking System, were not relevant to the Customer/Recipient, and the Customer, during the creation of the Order, failed to remove such checkmarks (“ticks”), prior to payment.

Changing Data in Booking. Please note that the change of personal data of you or any of the Passengers in the ticketed Booking (including error correction), change of the itinerary or travel dates may be the ground for a ticket change and issuance of new ticket under the accepted Fare Rules and new Booking cost according to the agreed Service Provider's / Carrier's terms. When the Purchaser himself requests changes to the already placed Booking, the Purchaser shall bear the specific costs (Agency Service Fee and/or the Service Provider's/Carrier's fees) for changing the Booking (e.g. ticket cancellation / change / refund) as agreed in the booking process and the Fare Rules. 

Thus, 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 is not and shall not be responsible for your incorrect, incomplete or inaccurate completion of personal and other data of the Passengers / Customers and the associated losses. 

Cancellation of Unpaid/Paid Bookings. The deadlines of the Booking payment are defined by the Service Providers / Carrier and the Agency cannot influence on the change of the deadline for payment for the Services and shall not be responsible for the cancellation of such Bookings. Your Booking that has not been accepted yet will be automatically canceled in the Booking System without paying a penalty in the following cases:  

-if until you have passed all the steps of the Booking, services have been canceled (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); 

-if until you entered the unique code for confirmation of payment, services were canceled (sold out) by the Carrier / Service Provider; (iii) if within the specified period, you did not pay / confirm payment for the Booking. 

Order Confirmation. All Bookings and their status are available for review in the "My Fox-Aero" 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 the processing of your Booking by the Booking System, a receipt notification including an indication of its status will be sent via email and/or mobile phone number from the Agency / Service Provider / Carrier. 

The services by the Agency are provided properly and in full after: 

-displaying information about the paid Booking or confirmed Booking in the "My Fox-Aero" 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), 

-sending the appropriate confirmation and/or electronic digital document / ticket form of the paid Booking or confirmed Booking (e.g., e-ticket/itinerary receipt) to the email or at the mobile phone number of the Customer. The confirmation of time when the electronic digital document is sent shall be deemed the time when the Agency can not cancel its sending. 

Payment. The price of flight tickets consists of fares, taxes and charges imposed by the Carriers and airports. Further, the price of a flight ticket includes a Service Fee of the Agency Services (its partners or affiliates). The total price of the flight ticket is available in the Booking System at the moment of purchase/ ticket issuance. 

Flight ticket fare is defined by the Carriers and is available in the Booking System at the time of Booking placement / ticket issuance on an "as is and as available" basis. There might be a change of the flight tickets price from the time of the Booking placement and payment until acceptance of the Booking though the actual issuance of traffic documents as the Agency does not influence on the fare policy of the Carriers. In case of such change of the flight tickets price beyond the Agency's control and before acceptance of the Booking, the Agency shall inform the Purchaser via email about the price change before accepting the Booking through the actual issuance of the traffic documents and shall ask the Purchaser for his confirmation of the new price within an appropriate time period defined in such email notification to the Purchaser. In case the Purchaser agrees with the new price of the flight ticket within the declared time period, the Agency may accept the Booking through actual issuance of the traffic documents. In case the Purchaser does not agree with the new price of the flight ticket within the declared time period, the Booking is to be qualified as cancelled without any costs for the Purchaser.

The Agency shall not be responsible for any cancellation of the Booking by the Carriers and does not guarantee the preservation of fares when making a re-Booking of the same flight tickets. 

Choosing Payment Method and Billing Details. The Purchaser shall choose a convenient method of payment for the Order by themselves among the possible methods for this Service as available on the Website at the time of Booking placement. The payment can be done with through a card (Visa or MasterCard) or PayPal.

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 the name of the cardholder, and agree to the processing of their personal and payment data by the Agency / Service Provider / Carrier / Payment System for the payment transfer for the placed Booking. 

The Agency may provide you with one and several options of payment methods for the Booking payment, depending on the specific services that are provided based on the agreement concluded between the Agency and the relevant Carrier / Service Provider. The Agency shall have the right at any time and at its own discretion, to change / delete any methods of payment on the Website without the obligation of any updates and changes to these Terms.

Authorization for the Processing of Payment Transaction. After selecting and confirming the method of payment for the Booking, the Purchaser shall authorize the Agency to debit the payment card/bank account with the full price of the Booking specified on the Website, including Service Fees, commissions, fares, taxes, via chosen payment method, as well as authorize these entities to use your payment and necessary personal data for 

-the purchase and payment of your ordered Services, 

-processing of refunds, if applicable. 

By 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. 

Payment Deduction and Sufficiency of Funds to Pay. In case the Purchaser chooses direct payment to the Agency, the Agency will charge the Purchaser's payment card / bank account (as agreed in the Booking). In case the Booking covers two or more Services / Agency Services, the Agency may charge the Purchaser's payment card / bank account (as agreed in the Booking) separately and step by step for each Service / Agency Service. 

Any failure to deduct the agreed amounts from the Purchaser's payment card / bank account since Purchaser's payment card / bank account does not have sufficient funds as required for the full payment shall be subject to the agreed return fees and handling fees payable by the Purchaser to the Agency. 

Further, the Agency shall not be responsible for Booking cancellation and the costs incurred by the Purchaser due to the lack of funds on the payment card / bank account of the Purchaser. 

When the Booking is processed, the funds on the payment card / bank account may be temporarily blocked with their further debiting in the amount of the agreed Booking price. Charging of the funds may occur both at the time of Booking placement or within approximately 30 (thirty) business days or longer after the Booking placement under the agreed rules of the Service Provider / Carrier. The Purchaser shall take all measures to enable the Agency 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). 

All Bookings placed 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 site. The Agency reserves the right to deny you the provision of the services or additionally request the cardholder’s documents if there are sufficient reasons to believe that the payment card transaction may be questionable / fraudulent. 

The Anti-Fraud is a system of identification of fraud during online payments and e-banking. Fox-Aero tries to control the flow of the arriving funds and tries to prevent any financial fraud. However, we are unable to influence the decisions of payment systems, and your transaction may be regarded as suspicious.
Main reasons why a transaction may be identified as suspicious by anti-fraud filters:
-the online payment was made in a country other than the one in which the Customer's card was issued; 
-the card is blacklisted by the anti-fraud systems;
-the card was issued in a country where most of scam with the credit/debit cards occurs. Ussually, it is certain countries in Asia, Africa, and Latin America.

How the anti-fraud systems react to suspicious activities: 
-once the information has been entered, the card is automatically blocked;
-the payment system blocks the payment attempt without giving reasons;
-the payment system sends an email to the Customer with the request to submit the required documents to confirm his/her ownership of the card;
-the payment system offers the Customer a simple online check to make sure he/she is a real holder of the card.

Currency. Settlements with the Buyer under this Agreement are carried out / processed in accordance with the internal rules of work and the rules of settlements of issuing banks established by the Agency / Service Providers / Carriers. In this case, the currency for debiting funds from the Buyer's account may differ from the currency determined on the Site. By creating a Reservation, you agree that you have been informed of the conditions for forming the value of the Reservation, the currency for debiting funds from the account and the terms of payment, and you unconditionally accept certain conditions.

Refund The Purchaser shall be refunded their money paid for the Booking according to these Terms and the Service Provision Rules / Fare Rules (which are both agreed with and accepted by the Purchaser in the Booking process). 

The procedure of processing of a refund and technical procedure of refunding the Purchaser their money shall be regulated by the Service Provision Rules / Fare Rules for each separate Service. The Agency will carry out the refund using the same means of payment as the Purchaser used for the initial transaction, unless the Purchaser has expressly agreed otherwise and provided that the Purchaser does not incur any fees as a result of such refund. 

The Agency is entitled to require the Purchaser, who initiates a refund of their funds, to provide the copies of supporting documents: ID documents (e.g., passport), applications, certificates and other documents confirming the reasons for the refund, as well as to provide a bank statement when resolving disputable financial issues. 

By submitting a refund request, the Purchaser shall inform the Agency about the reasons for the refund in clear and precise manner. The Purchaser is entirely and solely responsible for the failure to submit the necessary documents, as well as for failure to inform the Agency about the reasons for the refund in a clear and precise manner. 

Cancelling, Refunding and Making Changes to Flight Tickets.  In case of involuntary and/ or voluntary ticket exchange/refund, the decision about fines and charges shall be made solely by the Carrier and depends solely on the agreed Service Provision Rules / Fare Rules in respect of a particular flight ticket and internal rules of the Carrier. In addition to the fines, additional charges of the Carrier for the provision of its services may be applied in case of ticket exchange/refund. The Agency may provide additional consulting support and/or post-sale support to the Purchaser (e.g. voluntary flight ticket cancellation/change/refund) and shall therefore be entitled to a service fee as agreed with the Purchaser when booking such additional consulting support and/or post-sale support.

 Some Carriers may allow the Purchaser to directly receive such post-sale support for the flight tickets directly from the respective Carrier. Thus, the Purchaser is not obliged to make use of the Agency's post-sale support. 

The Agency does not charge the Purchaser with an additional service fee in case of involuntary flight ticket cancellation or void/exchange/refund and/or in case the respective request cannot be processed by the Agency. However, the initially agreed Agency Service Fee for the Booking shall not be refunded in case the involuntary flight ticket cancellation or void/exchange/refund does not result from the Agency's sphere. 

In case of flight delay/cancellation, the Agency shall contact the Purchaser/Passenger using the contact details entered in the Booking and provide necessary information in accordance with the terms and conditions of the Carrier and respective laws on compensation for flight delays and cancellations.

A request for making changes to flight tickets or their refund shall be carried out by the Purchaser on the Website in the "My Fox-Aero" section. 

The request for making changes in the flight tickets shall be accepted by the Agency and transferred to the Carrier for confirmation and/or clarification of the processing procedure within 72 hours upon receipt of the payment confirmation by the Purchaser. Generally, any requests for making changes to flight tickets are considered by Carriers within 3-10 business days. The Carriers independently determine the terms for considering requests. The Agency shall only send the Carrier the relevant requests and shall not influence them or be liable to the Purchaser in case of delay in request consideration by the Carrier. Upon receiving the response from the Carrier, all necessary information will be transferred by the Agency to the Purchaser within 24 hours from the moment of receipt of the response from the Carrier. 

The agreed refundable amounts due to cancellation (void) of a flight ticket are displayed in the "My Fox-Aerot" section on the Website for information purposes. Please note that some flight tickets are non-refundable and cancellation (void) procedure is no applicable due to the terms of Fare Rules and internal policies of the Carriers. 

Cancellation (void) of a flight ticket within the day of its ticketing, shall be calculated by the Agency taking into account the Carrier’s service fees and application of the Agency Service Fee and for processing the request. Generally, the Carrier’s penalties in this case shall no apply. The Agency Service Fee will be communicated to the Purchaser during the confirmation of the refundable amount. Upon your confirmation of the calculated refundable amount, the Agency shall forward the cancellation request for approval to the Carrier. The Carrier shall finally determine the refundable amount and its penalties, if any. Please note that the Carrier is entitled to refuse making a refund of the flight ticket without application of its penalties. In this case, you can apply for cancellation of the flight ticket in accordance with the Fare Rules. The Carriers independently determine the final refundable amount and the time period for processing cancellation requests. The Agency only submits the relevant inquiries to the Carrier and cannot influence them or be liable to the Purchaser in case of delay in request consideration by the Carrier or the calculation and actual refundable amount (including lesser amount) which was calculated by the Agency and confirmed by the Purchaser. 

Refund of money for the flight tickets, which has been paid directly to the Carrier (including blocking or unblocking of funds on the Purchaser’s payment card), shall be carried out under the terms and conditions of the direct agreement between the Purchaser and the Carrier. In this case, the Agency shall not be liable to the Purchaser for any errors or delays, since it is not a participant of these payment transactions and has no effect on them whatsoever.

If the Passenger has not arrived at the airport and failed to inform the Carrier in advance of changes to their trip, the Carrier might have the right to cancel the booking not only in respect of the first flight segment, but in respect of the following segments of the route and in respect of the return flight without notifying the Passenger. To avoid cancellation of tickets, please contact the Customer Care Service or directly the Carrier. 

Any refund for the ordered ancillary services provided directly by the Carriers (for example excess baggage) are subject to the direct agreement between the Purchaser and the respective Carrier. The Agency may assist the Purchaser with a request for refund for the ordered ancillary services provided directly by the Carrier subject to the agreed post-sales support fees. 

If you have any questions regarding the booking process or the payment, kindly ask to send an e-mail at officenyc@fox-aero.com.