General Terms and Conditions
I. Scope
The mobile application "Navia" (hereinafter referred to as "App") is operated by AVIYA GmbH.
The following terms and conditions govern exclusively the contractual relationship between the user ("User") and AVIYA GmbH ("AVIYA") with regard to the booking of flights. The General Terms and Conditions of AVIYA GmbH also apply if the use, access, or booking takes place outside the Federal Republic of Germany.
II. Contractual Relationship
- AVIYA provides the User with an APP through which flights are offered via a third-party provider https://duffel.com/, which acts as an agent for the respective airlines. The provision of the booked flight service as such is not part of AVIYA's obligations. Furthermore, AVIYA has no influence on whether the third-party provider or the airline accepts the User's contract offer. The "offers" displayed on Navia's APP are not binding contract offers.
- When the User makes a booking via the APP, the booking is made directly with the respective airline. AVIYA is not a "contracting party" to the booking. By making a booking, the User concludes (i) an agency contract with the third-party provider (for the ticket) and (ii) a contract of carriage with the airline (for the flight itself). AVIYA expressly informs all Users that the contract is not concluded with AVIYA, but always with the third-party provider and the respective airline, taking into account their general terms and conditions. Their general terms and conditions become part of the contract between the User and the third-party provider or the respective airline upon booking.
- If the User books extra services (such as additional baggage, insurance, check-in, etc.), the User enter into a contract directly with the third-party provider or another company. AVIYA is not involved in this contract.
- AVIYA acts solely as the operator of the APP and is not involved in the terms and conditions of third parties. AVIYA is not responsible for the ticket or any extra services purchased by the User and is not liable (to the full extent permitted by law) to the User in relation to their booking.
- Once the User has booked their flight, their booking information (e.g., the name(s) of the traveler(s)) is provided to the third-party provider. AVIYA uses the data provided in the context of a booking exclusively for the purpose of processing the booked services; further details on data protection can be found in the "Privacy Policy".
III. Liability of AVIYA and Limitations of Liability
- Information regarding arranged flights is based exclusively on the information provided to AVIYA by third-party providers. It does not constitute any information or assurance provided by AVIYA to the User. AVIYA is not liable for the performance of services by third-party providers or airlines for flights selected by the User, but is only responsible for the proper transmission of the User's information provided during the booking process to the third-party provider. Liability to the User for the accuracy of the information provided by third-party providers is also excluded, unless AVIYA transmits this data incorrectly through gross negligence or intent.
- The provision of flight services, which is the responsibility of the third-party provider or the respective airline, is not the subject of the contractual relationship with AVIYA. The third-party provider or the respective airline is solely liable for this. AVIYA is therefore not liable for services to be provided by third parties.
- In the event of simple negligence, AVIYA shall only be liable to the User for damages incurred in connection with the booking in the APP, regardless of the legal basis, if an organ, employee, or vicarious agent of AVIYA has violated an essential contractual obligation. In this case, however, liability is limited to the typical damage incurred and is limited in amount to the price of the flight. AVIYA shall bear full liability in cases of intent and gross negligence.
IV. Booking Confirmation
- The booking order placed by the User is only accepted by AVIYA at the point in time when the booking confirmation is displayed to the User in the APP. The User is obliged to review the booking confirmation immediately upon receipt and to notify AVIYA within 24 hours (in the case of short-term bookings, mandatorily before the start of the trip) of any discrepancies or incompleteness in comparison to the original booking order, including with regard to the exact name match. Deviations and incompleteness caused by the User and/or reported too late do not entitle the User to withdraw from the contract.
- The User is required to check the contact details provided, especially the email address, in detail, as the airline's booking confirmation will be sent to these contact details. In this context, the spam/junk email folders should also be checked to see whether any relevant emails have been received there. This is the only way to ensure fast and smooth communication, especially for last-minute bookings.
- Airlines reserve the right to change flight times at short notice. AVIYA will inform the User of any changes via the APP push notification. In addition, the User is obliged to inform themselves of any changes to flight times at least 24 hours before the scheduled departure from the respective airline or airport. AVIYA is not liable for any disadvantages arising from the User's failure to comply with this obligation to inform themselves.
V. Prices and Payment
- All flight bookings made with Navia must be paid for in advance. If a credit card or direct debit/SEPA is selected as the payment method, the User expressly authorizes AVIYA to collect the amount owed via the credit card number or to forward the relevant data to the third-party provider.
- AVIYA charges a service fee for its services (booking portal, advice, check-in, rebookings, etc.) when booking. This fee is included in the final price as soon as it becomes unavoidable for the User in the booking process. It is then shown separately. The amount of the fee is based on the desired service and, in particular for air travel, on the route selection, the airline's fare, and the number of passengers to be transported.
- The service fee charged by AVIYA represents remuneration for the agency and services provided by AVIYA and is not part of the flight price. In the event of cancellation, withdrawal, or other termination of the contract of carriage by the user, the service fee is generally non-refundable, unless mandatory legal provisions dictate otherwise.
- Technical payment processing is handled by external partner Stripe, 2010, San Francisco, California, United States.
- In the event of a direct debit return caused by the User or other payment methods that have failed due to the User's fault, AVIYA may charge the User for the damage caused by the delay, cancellation costs, and the direct debit return costs incurred by the respective payment institution.
VI. Changes, Cancellations, and Refunds
- The User may withdraw from the trip at any time prior to departure in accordance with the provisions of the contract concluded between them and the airline, whereby cancellation fees of up to 100% of the trip price may apply. Cancellation can be made either through AVIYA support or directly with the airline.
- Any refund by the airline shall only apply to the flight price in accordance with the terms and conditions of the respective airline. The service fee charged by AVIYA remains unaffected by this.
- Airlines reserve the right to postpone or cancel flights in accordance with the airline's terms and conditions, the contract of carriage, or the airline's guidelines.
- Pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), the two-week right of return for distance contracts cannot be exercised in the case of transport services.
- AVIYA cannot process change requests for rebookings or cancellations of certain services, such as low-cost flights. In such cases, the User must contact the respective airline directly.
VII. Obligations of the User
- Defects in the booking must be reported to AVIYA immediately. AVIYA must be given the opportunity to remedy the situation. If such notification is culpably omitted, any claims arising from the contract in this respect shall lapse to the extent that reasonable remedy on the part of AVIYA would have been possible.
- Navia cannot work with incorrect data. The User must ensure that all necessary information fields in the APP, in particular personal details and contact information, are filled in carefully and checked again. Incorrect data entered by the User, in particular email address, first and last name, can lead to difficulties in the execution of the contract, which can significantly impair the provision of services and cause additional costs.
VIII. Visa, Passport, Customs, Foreign Exchange, and Health Regulations
Each User is fundamentally responsible for ensuring that they meet the requirements necessary for the trip and that all legal provisions are observed, in particular domestic and foreign entry and exit regulations, health regulations, passport and visa regulations. The same applies to the procurement of necessary travel documents. The User must ensure that the names in their passport, visa, and other identification documents match exactly those in the booking. AVIYA expressly points out that the regulations may be changed by the authorities at any time. Users are therefore advised to obtain information from the relevant authorities and institutions themselves.
IX. Prohibition of Assignment
Any assignment of claims by the User against AVIYA, including to spouses or relatives, is excluded. The judicial assertion of the aforementioned claims by the User by third parties in their own name is also inadmissible.
X. Place of Jurisdiction and Applicable Law
If the User is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction shall be the state capital of Wiesbaden. For consumers, the statutory provisions on jurisdiction shall apply. The contractual relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the conflict of law provisions of the EGBGB.
XI. Dispute Resolution in accordance with the Consumer Dispute Resolution Act
In the event of disputes arising in connection with a booking made with Navia by a consumer within the framework of a contract, we would like to point out that we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
XII. Final Provisions
- These General Terms and Conditions are conclusive for the regulation of the legal relationship between AVIYA and the User. Amendments or additions to these General Terms and Conditions must be made in writing to be effective, as must their cancellation. AVIYA reserves the right to amend the General Terms and Conditions at any time in the future. The General Terms and Conditions valid at the time of conclusion of the contract shall apply.
- Should any provision of these General Terms and Conditions or any part of such a provision be or become invalid, this shall not affect the validity of these General Terms and Conditions as a whole.