GuaranteeIt is important that you read these Terms of Use carefully before using or applying the information, services, material or products provided on this website. You agree to our General Terms and Conditions of Use (GTC) and our Privacy Policy at the moment when you use or purchase services, material or products from our website. In the dePATOS terms of use below, "us", "we" or "our" and "your" or "you" on you the user of our website. We reserve the right to change our terms and conditions at any time, we provide updated terms and conditions online on our website, on the rights and obligations that arose before the changes, these have no effect. A further use of our website in any way after publication of the GTC changes takes place under the conditions, which are valid at the time of use. Before you use our website again, please check if our Terms and Conditions have changed in the meantime. If you do not agree with passages of our Terms and Conditions, or if you have any other reservations about our website, you should not use our website. To make a comparison with the current terms and conditions possible, you should print or save this version.
1. We do not sell flights
Our website is a flight search engine. DEPATOS does not create, own or control any of the flight services or products to which you have access through our website. The flight products belong to a third party , (flight provider), DEPATOS acts as an intermediary of an online travel agency. The responsibility for the offered flights lies with the respective flight provider. For your flight booking, the general terms and conditions and data protection regulations of the respective flight provider apply and before booking you must have understood them and expressly agree to them. As a rule, a flight provider also refers to the airline's terms and conditions, and here too the terms and conditions must be read and accepted before the booking is made. The flight booking with a provider, which was arranged via our website, is at your own risk, DEPATOS assumes no liability should there be problems with your booking or during your trip. DEPATOS represents content, including prices provided by the flight providers. DEPATOS makes no representations and explicitly assumes no liability for the fact that content is up-to-date, fully comprehensive or correct. DEPATOS has no control over the indicated flights of carriers, these cannot be checked continuously and the prices shown on our website do not constitute a guarantee. Fares are subject to permanent changes, fees (such as payment, service, baggage charges or local taxes and charges) may be charged. Before each booking, the indicated final price, including fees and options, must be checked.
2. Booking via DEPATOS
As soon as a booking is made through our website, the booking will be made with the flight provider. Similarly, DEPATOS assumes no responsibility for the booking or the flight product, as DEPATOS is not involved in the production and product description, the price regulation and the provision of the flight you have booked. In this context, we will forward your booking data to the respective flight provider, we will not process your payment, nor will we accept it, nor will we be authorised to do so. As soon as you have booked through our website, a contract for a flight service is concluded between you and the respective flight provider, which becomes binding and valid. Your booking will not be valid and binding until confirmation has been made by the carrier by e-mail within three days. If you encounter any problems or discrepancies related to your flight booking or the flight product, you hereby agree that you will contact the appropriate flight provider to clarify and resolve the problem. We do not act as mediators for problems.
3. Copyright
Unless otherwise described in these Terms and Conditions, all intellectual property rights, including copyright (including copyrights to computer software), company names, design rights, database rights, expertise, trade secrets, and confidentiality rights in the DEPATOS Platforms (collectively, "Intellectual Property Rights") as the property of DEPATOS. You acknowledge that by using the DEPATOS website, you will not acquire any rights, title or interest in or intellectual property rights. Furthermore, you acknowledge that you have no right to access any form of source code.
4. Use of our website
The minimum age to use our website is 18 years. Our website is only approved for the legitimate search for flight offers, it may not be used for fraudulent, speculative or incorrect reservations or for reservations to cover subsequent queries. By using our website, you acknowledge that you do so in accordance with the laws of the United States and your own country, including laws on the export of data. Furthermore, you give your consent without the prior written consent of DEPATOS:
(a) Access to our Website through a manual or automated process to a goal that goes beyond your personal use or the integration of DEPATOS into a search directory. The use of automated systems or software for the purpose of extracting data from our website – so-called "screen scraping", whether for commercial or private purposes, is prohibited. (b) attack restrictions on robot exclusion headers on the DEPATOS website or prevent other initiatives aimed at preventing or reducing access to our website;
(c) provide deep links to or part of our website;
(d) Activities of any kind that restrict the functionality of our website or inadequately strain our computers or network. (e) reproduce, duplicate, sell or operate with our Website, resell, make available or otherwise use our Website;
(f) use our website and the functionalities offered for unauthorized, harmful or disproportionate purposes;
(g) distribute posts on our website that violate stake in the relevant laws or the rights of third parties;
(h) the use of our website for the archiving and storage of third-party personal data;;
(i) the use of our website for commercial purposes without our written consent;
(j) place advertisements or promotional videos on our website. We reserve the right, at our sole discretion and at any time without prior notice and without disclaimer on our part, to terminate, suspend or restrict your access to all or certain parts of our website.
5. Warranty Exclusion
Our website and all topics and services contained therein are offered without guarantee and claim to completeness. The data on our website is generated in a mechanical process using the data provided by the flight provider; there is a contingency that incorrect information is provided, in particular there is usually no technical update in real time of availability and prices. We display search results in large numbers, we assume no liability for the fact that these results are complete, comprehensive or error-free. We also make no commitment that the most cost-effective price will be displayed on our website. To the extent that it is law, we exclude any warranty, whether clear or implied, including in relation to the freedom of defects, applicability for a particular purpose, security and accuracy.
6. Limitation of Liability
DEPATOS is responsible for damages resulting from gross negligence or intent in accordance with the mandatory definition of the German Product Liability Act. If DEPATOS negligently violates a principal obligation of this contract ("cardinal obligation") which is essential for the achievement of the purpose of the contract ("cardinal obligation"), without whose observance the performance of the contract cannot be guaranteed, the obligation to pay for material damage to the damage normally occurring. Further liability of DEPATOS is deemed to be excluded. The above limitation of liability also applies to DEPATOS employees, agents and intermediaries.
7. For the protection of DEPATOS
In accordance with these Terms, you agree to accept us, our directors, employees and representatives for all claims, actions, liabilities, costs, losses or claims of any kind, including reasonable attorneys and to indemnify any accounting fees caused by your violation of these Terms of Use or other agreements that are part of these Terms or from the use of our website or intellectual property.
8. Links to other websites
Our website may contain links to other websites that are not operated by us. By clicking on a third party link, you will be redirected to this third party website. We strongly recommend that you read the privacy policy of each website you visit.
DEPATOS has no control over this and assumes no responsibility for the content, privacy policies or customary procedures of any third-party websites or services.
You hereby undertake not to create a link from another website to our website.
9. Conditions of Carriage
Bypassing an airline's conditions of carriage, including back-to-back ticketing (the purchase of two or more tickets with overlapping travel dates, bypassing the minimum conditions of stay) and Hidden City ticketing (the purchase of tickets with segments of flight that the buyer does not want to use but which circumvents the airline's pricing structure) is excluded by many airlines. The use of such inadmissible booking practices may result in the airline taking steps such as cancellations of tickets already issued, refusal of boarding, cancellation of air miles and other benefits, additional Debits from the passenger's credit card, additional charges charged at the airport or subsequent charges.
10. Destinations
Although most trips are completed without incident, travel to specific destinations may involve a higher risk. By offering the trip to certain destinations, DEPATOS does not guarantee that the trip to these destinations is recommended or without risk and is not liable for any damage or loss that may result from the trip to these destinations.
11. Miscellaneous
Our website searches for cheaper offers through the combination of air travel, e.g. separate return tickets with different airlines. If you find a corresponding result, two bookings must be made. Different conditions (e.g. baggage, rebooking and cancellation fees) may apply to each section. Any changes to either booking will not apply to the other booking (e.g. any cancellation of the out-flight by you or the airline will have no effect on the booking of the return flight and you will not be entitled to a refund against the airline which performs the return flight). You are responsible for complying with the terms and conditions of each of the airlines, which may differ (e.g. check-in times and baggage regulations). Please read the terms and conditions of all airlines carefully before booking and make sure you fulfill the booking conditions of all airlines. Since prices can change often, please make sure that both displayed connections are still bookable at the prices displayed before you make the bookings. For international travel, you may need to be able to prove to the immigration authorities at check-in and to the immigration authorities that you have a valid booking for the return flight. For this purpose, it is recommended to print the e-ticket of the return flight before the trip and carry it with you on the journey.
12. Other conditions
We reserve the right to terminate this Agreement with you at any time in accordance with these Terms and Conditions by informing you in writing (including by e-mail). You may terminate this Agreement at any time by refraining from using our website. Nothing contained in these Terms and Conditions shall be used to appoint one of the parties as an intermediary or representative of the other party or to both parties as joint venturers for a particular purpose. You may not assign, delegate or transfer your rights and obligations under these Terms of Use. We reserve the right to assign our rights and obligations under these Terms on condition that your rights under this Agreement are not prejudged. If we do not take any action in relation to any violation committed by you or any other person, we do not waive our right to take appropriate action with regard to future or similar violations. These Terms and Conditions, in connection with any additional agreements agreed under the Terms and Conditions, constitute the entire agreement between us with respect to your use of our website and supersede any previous agreements or agreements (whether orally or in writing) with regard to your use of our website. If you are a consumer residing in Germany, these GtC and any resulting or in connection with these GtC (including non-contractual disputes or claims) are subject to the laws of the Federal Republic of Germany. If you take legal action in connection with the use of our website, these GTC or our service, you agree to do so only before the courts of the Federal Republic of Germany; if you are a consumer living in Germany, you can also take legal action at your place of residence. In the event of legal proceedings between us, the prevailing party shall be entitled to recover all legal costs incurred in connection with the action, including legal costs, taxable or not, as well as reasonable attorneys' fees. To the extent permitted by law, you hereby agree that any differences, claims and legal steps initiated in connection with the use of our website and/or these Terms of Use will be settled individually without recourse to some form of class action. We do not participate in a dispute resolution procedure before a consumer arbitration board.
13. Kiwi Guarantee
If the information "flight with own transfer" and "protected by www.kiwi.com guarantee" is displayed before you are forwarded to www.kiwi.com for booking, it is a booking proposal with one or more connecting flights, which are usually listed at the end on the same flight ticket. The flight is therefore "protected".
If you book a flight via www.depatos.com , the Kiwi Guarantee will automatically be issued at no additional cost to you, covering the risks described above. All details and requirements can be found at www.kiwi.com/en/pages/guarantee
Please read the warranty conditions carefully so that you do not suffer any disadvantages in the event of a flight delay, flight cancellation or a change in your travel plan.
If your flight is booked with two or more airlines without a common ticket agreement, it is an unprotected transfer, i.e. a "flight with its own transfer". In this case, the airlines are not obliged to rebook your flight with the existing flight ticket if you can no longer reach the booked connecting flight due to a flight arriving late. As a rule, you will then have to pick up your checked baggage and check it in again on the next flight, and possibly even change the terminal.
Such bookings involve a certain risk, we recommend that you allow sufficient time between flights to change planes to reduce the risk of missing a connecting flight. As a passenger you are obliged to make sure that you have a visa. A visa or transit visa may be required if you need to pass through security, customs and immigration in the country where you are connecting.
14. Flights with own transfer
Air travel plans with their own transfer are similar to unprotected transfers as they also include flights operated by different airlines without a common ticket agreement. This means that airlines are not obliged to accept your onward ticket if the first flight is delayed and you miss your connection. However, for flights with their own transfer, your booking will be made through a travel agent who will provide some guarantee in the event of cancellations or missed connections.
We recommend that you read the travel agency's terms and conditions carefully before booking. Important: If you miss a connection or have a problem with your trip, it is important that you contact the travel agent as soon as possible, as airline staff will usually not be able to help you re-book. Also remember that it is the passenger's duty to check any visa requirements. On a flight with your own transfer, you must pass through security, customs and entry in the country of the connecting flight before you can check in on your next flight. For this reason, a visa or transit visa may be required.
Last updated: 19 July 2018
