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TERMS OF SERVICE

By using any of our solutions ("Service"), you (the “Controller” or “User”) are agreeing to be bound by the following terms and conditions ("Terms of Service").

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C.E.E. Group Travelport a.s., a joint-stock company with its seat at Sokolovská 685/136f, Karlín, 186 00 Prague 8, Reg. No.: 060 32 575, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 22427 (the “Processor” or “Distributor”) reserve the right to update and change these Terms of Service without notice.

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The Controller/User and the Processor/Distributor jointly shall be hereinafter referred to as the “Parties” and individually to as the “Party”.

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Violation of any of these Terms of Service terms below may result in the termination of your account.

 

The Service means one of the following:

 

  1. eStreaming API,

  2. GalileoTerminal,

  3. GEM and GRM,

  4. GOL IBE and GOL Mobile,

  5. TripGate

  6. Other products and services provided by the Distributor in connection with the reservation of flight tickets and related operations in the tourism sector

 

The Terms of Service are formed by (i) Commercial Terms and (ii) Data Security and Processing Addendum.

 

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Commercial Terms

 

Basic Terms

 

30-Day Free Trial means we can (where relevant), but we’re not obligated, to provide you with access to the Service for 30 days free of charge. Your access to the Service shall be terminated after that period, if you do not decide to purchase the Licence;

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Licence means the licence of the Service that we grant you for use of the Service;

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Manuals means any documentation that we provide you with for facilitating the correct use and operation of the Service provided under the Terms of Service as amended or updated by us from time to time;

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PCC means Pseudo City Code used by you when accessing the Travelport GDS;

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Service Platform means (i) all intellectual property rights comprised in the Service including any software included therein; and (ii) all equipment used by us to provide you the Service;

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Signon means your host sign on code;

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Travelport GDS means the Apollo, Galileo and Worldspan global distribution systems and related software and hardware that we and/or our affiliates operate and that (i) collects, stores, processes, displays, and distributes information concerning air and ground transportation, lodging, and other travel-related goods and services, and (ii) enables users of the Apollo, Galileo and Worldspan GDS to make reservations for purchase or obtain tickets for such goods and services.

 

Subject of the Terms of Service

 

We allow you to access and use the Service via your own equipment.

 

We operate, maintain and support the Service.

 

We can temporarily discontinue access to the Service for a limited period of time in order to carry out necessary maintenance or upgrades. You will be informed of such maintenance in advance by email and/or by the Service’s internal messaging service. Any such maintenance will be carried out outside of regular business hours (0830-1700 CET/CEST).

 

We guarantee that the Service will be fully operational at 99,5 % of time.

 

Financial Terms

 

The Service is offered with a free trial (where relevant). Once that trial is up, you will only be able to continue using the Service by paying for additional usage based on the current price lists and by the due time of issued invoices. If you fail to pay for additional usage, your account will be blocked and inaccessible until payment is made.

 

All paid fees are not refundable.

 

Duration and Termination

 

The Terms of Service come into force when you start using the Service and continue in force for an unspecified period but at least for 12 months.

 

In case of the 30-Day Free Trial, the Terms of Service come into force when you start using the Service and continue in force 30 days from the date we provide you with access to the Service.

 

If you use the Service in such a way that we come to believe the Service to other users may be adversely affected, then we have the right to block your account.

 

Modifications to the Service and Prices

 

The Distributor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.

 

Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the CEE Travel Systems site or the Service itself.

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The Distributor shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

Supply and Use of the Service

 

The Distributor grant you, in accordance with the Terms of Service, a non-exclusive licence to use the Service solely for the performance of the specific business functions designed in the Manuals.

 

You agree and acknowledge that you do not have and by virtue of the Terms of Service or by virtue of any access to the Service or any use of the Service do not acquire any proprietary or other rights in or to the data stored in or accessed via the Service, any of our software, documentation, trademarks or service marks or in any related materials used in connection with the Service, except as expressly provided in the Terms of Service.

 

You agree not to manipulate any material supplied by the Travelport GDS through the Service in a manner that would lead to inaccurate, misleading or discriminatory presentation of information to customers.

 

You will provide us with the information that we need to create access to the Service for you. Contact data of your representative(s) provided within our cooperation under these Terms of Service will be used by us to efficiently communicate with you in relation to our Service, including Services performance or other services offerings.

 

You will take all reasonable precautions to prevent unauthorised operation or use of the Service.

 

You are responsible for managing access to the Service and information entered into the Travelport GDS through the Service.

 

You will immediately report to us any suspected misuse of the Service.

 

You are responsible for all transactions processed via the Service through your account.

 

You will only seek access to the Service and use the Service:

  1. in strict accordance with any operating instruction that we give you from time to time; and

  2. solely for the performance of the specific business functions designated in the Manuals.

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In case you wish to utilize the Trip Manager itinerary functionality, you acknowledge that Travelport has the right to provision credentials on your behalf in your PC Setup that will be accessed by C.E.E. Group Travelport a.s. These credentials will provide us to act as a virtual agent with the ability to retrieve a traveler record, display the itinerary and notify itinerary changes to an individual traveler through a PCI certified travel technology solution, Trip Manager provided by us.

In case you wish to utilize the itinerary and the full servicing and upsell capabilities provided by Trip Manager, you acknowledge that Travelport has the right to provision credentials on your behalf in your PC Setup that will be accessed by C.E.E Group Travelport a.s.  These credentials will provide us to act as a virtual agent with the ability to retrieve a traveler record, display the itinerary and notify itinerary changes to an individual traveler. The solution will enable the eligible traveler to self-service exchanges and the purchase of additional services.

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Warranty

 

We warrant that we will exercise reasonable skill and care to comply with our obligations under the Terms of Service, and that in particular we will use reasonable endeavours to ensure that you are able to gain access to the Product.

 

We make no representation or warranty regarding the accuracy or reliability of any schedule, fare quotation or any other information provided to you via the Travelport GDS, and you hereby release and waive any claims against us concerning the accuracy or reliability of such information.

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Exclusion of Liability

 

The Distributor will not reimburse you for any loss that you may sustain as a result of an incorrect air fare being quoted automatically by the Travelport GDS.

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Upon activation of the Service, it is your responsibility to check that it is working as expected. In the event that you determine the Service is not functioning properly, you must promptly notify us so that our team can adjust the settings. If you fail to report any issues with the Service and continue to use it, we are not responsible for any costs or damages incurred as a result of such use.

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The Distributor disclaims any liability of any kind relating to any problems of whatever nature which have been caused in our reasonable opinion by your failure to comply with your obligations under the Terms of Service and/or to use the Service correctly.

 

For the avoidance of doubt, we have no liability whatsoever for the acts or omissions of the suppliers of electricity or telecommunication services or of any third party whose computer system, database or products you may use to access the Service, nor for any type of loss associated with any fault in or failure of any apparatus or any service of such persons.

 

Governing Law and Jurisdiction

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The Terms of Service and any disputes arising under or in connection with the Terms of Service shall be governed by the laws of the Czech Republic.

 

If a provision of the Terms of Service is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:

 

  1. the validity or enforceability in that jurisdiction of any other provision of the Terms of Service; or

  2. the validity or enforceability in other jurisdictions of that or any other provision of the Terms of Service.

 

Should any provisions hereof be found by a relevant court or other body to be invalid, ineffective, ambiguous or unenforceable, such provisions shall be considered expunged from these Terms of Service, and the rest of the provisions hereof shall remain in effect, unless it is apparent from the nature of such provisions or from their contents and/or from the circumstances under which the Terms of Service were entered into that such provisions cannot be separated from the remainder hereof. In such case, the Parties hereto shall enter into a contractual amendment that enables the achievement of the same intended outcome, or if this is not possible then one that enables achievement of an outcome as close as possible to the outcome originally intended by the replaced invalid, ineffective, ambiguous or unenforceable provisions hereof.

 

General Conditions

 

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

Technical support is only provided via email.

 

You understand that the Distributor uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

 

You must not modify, adapt or hack the Service.

 

You must not modify another website so as to falsely imply that it is associated with the Service or the Distributor.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Distributor.

 

The Distributor does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

 

The failure of the Distributor to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Distributor and govern your use of the Service, superseding any prior agreements between you and the Distributor (including, but not limited to, any prior versions of the Terms of Service).

 

Questions about the Terms of Service should be sent to sales@cee-systems.com.

 

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

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Data Security and Processing Addendum

 

Services provided by the Distributor based on the Terms of Service include activities during which personal data may be processed by the Distributor for the User pursuant to Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR). In relation to personal data, the Distributor shall act as a Processor in accordance with Article 4(8) of the GDPR, and the User shall act as Controller in accordance with Article 4(7) of the GDPR.

 

Based on Article 28(3) of the GDPR, the Controller is required to enter into a contract with the Processor regarding personal data processing, in which the Processor shall, among others, define the subject and duration of processing, the nature and purpose of processing, the type of personal data and categories of data subjects as well as the data controller’s duties and rights.

 

These Terms of Service define the mutual rights and duties of the Parties hereto during processing of personal data and shall have priority over previous arrangements between the Parties governing processing and protection of personal data.

 

Purpose of Addendum

 

The Parties have agreed that pursuant to Article 4(2) of the GDPR, the Processor shall ensure for the Controller the processing of personal data during provision of Services under these Terms of Service (“Personal Data”).

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The purpose hereof is to define the scope of the Parties’ duties related to ensuring Personal Data protection during personal data processing.

 

Subject of Addendum

 

The subject of this Addendum is definition of mutual rights and duties of the Parties during processing of Personal Data.

 

This Addendum also defines the scope of Personal Data that will be processed, the purpose of their processing and the conditions and guarantees on the Processors’ side relating to ensuring technical and organisational security of the Personal Data.

 

This Addendum supplements the Basis Terms of these Terms of Service. In case the Commercial Terms contain any provisions relating to processing of Personal Data in conflict with this Addendum, this Addendum shall have priority.

 

The Processor undertakes to fulfil the following duties in the scope and under the conditions specified in more detail in this Addendum below:

 

a) to process the Personal Data in accordance with the Controller’s instructions, in the scope of and in accordance with the purpose for which the Personal Data will be processed;

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b) to ensure that the persons authorised to process Personal Data based on the Terms of Service pledge to protect confidentiality or that a legal confidentiality obligation shall apply to them;

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c) to adopt all necessary measures to secure Personal Data in accordance with Article 32 of the GDPR;

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d) to comply with the conditions for involvement of another processor (for the definition, see further herein) in accordance with Article 28(2) and (4) of the GDPR;

 

e) to consider the nature of processing, to be helpful to the Controller via appropriate technical and organisational measures, if possible for fulfilment of the Controller’s obligation to respond to requests for exercising of rights by data subjects as defined in Articles 12 to 22 of the GDPR;

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f) to be helpful to the Controller when ensuring compliance with requirements in accordance with Articles 32 to 36 of the GDPR, while taking into consideration the nature of processing and information that the Processor has available;

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g) in accordance with the Controller’s decision either to delete all Personal Data or return it to the Controller after the cessation of providing of services related to processing, and to delete existing copies, unless a different requirement is stipulated by applicable legislation;

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h) to provide the Controller with all information necessary for ensuring that the duties defined in the Terms of Service are fulfilled, and to enable audits, including inspections, conducted by the Controller or another auditor whom the Controller has entrusted and to contribute to such audits. The Processor hereby undertakes to bring to the Controller’s attention the unsuitability of any instructions relating to processing of Personal Data under this point (h), particularly if following of such instructions would lead to a breach of the GDPR or of other legislation.

 

Purpose, scope and duration of processing of Personal Data

 

The Processor shall process Personal Data for the Controller in the scope essential for fulfilment of the Processor’s obligations under the Terms of Service.

 

The Processor shall hereunder process the Personal Data of:

 

a) customers and/or potential customers of the Controller,

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b) employees and/or other entrusted or contact persons of the Controller, or

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c) other individuals, whom the Controller grants access to services provided by the Processor in accordance with the Terms of Service, if relevant

 

(hereinafter “Data Subjects”) in the following scope: data necessary for logging into services, data necessary for searching for or reserving flight tickets and related tourism services, including in particular full names, dates of birth, permanent residence addresses, additional contact information (telephone number, e-mail address) credit or debit card numbers, passport data, information about dietary preferences and other similar data provided by a Data Subject or entered into a reservation system.

 

If the Controller provides to the Processor or if the Processor otherwise in connection with activities for the Controller receives other Personal Data, the Processor shall be required to process and protect such Personal Data as well in accordance with the requirements stemming from these Terms of Service.

 

The Processor shall process the Data Subjects’ personal data for the duration necessary for ensuring and providing of the Services under the Terms of Service and/or for fulfilment of its legal obligations. Following the expiration of that period, the Personal Data shall be processed by the Processor if essential for the protection of rights and legally protected interests of the Processor.

 

The Controller shall be fully responsible for ensuring that the Personal Data are processed on a valid legal basis in accordance with Article 6 of the GDPR. The Processor shall not be responsible for ensuring the legality of processing carried out on behalf of the Controller and on the Controller’s instructions.

 

The Controller hereby expressly agrees and bears in mind that the Processor is entitled to provide Personal Data to the parties specified in the list accessible at https://www.cee-systems.com/privacypolicy, who are in the position of Personal Data controllers. The Processor is entitled to amend the list and to inform the Controller at least 30 days in advance. The Processor shall not be responsible for ensuring the lawfulness of processing either by the Controller or by other controllers of Personal Data.

 

Fees for the Processor’s services

 

The Parties agree that for processing of Personal Data under this Addendum the Processor shall not be entitled to any special fees, or such fees are included in the price for the Services provided under the Terms of Service.

 

Processor's rights and obligations

 

When processing Personal Data, the Processor is required to comply with the documented instructions of the Controller. The Processor shall not be responsible for the Controller’s instructions. The Controller confirms that it has instructed the Processor to share Personal Data with third parties located outside of the EU/EEA, who provide payment gateway services. The Controller may deactivate these services in the Travelport GDS or instruct us to do so and the Processor will deactivate these services and stop sharing data with third parties immediately. The Controller undertakes to fulfil any obligations arising from applicable laws and regulations pertaining to such transfer, including obtaining consent from end-users or informing them of such transfer, if necessary. The Processor shall not be liable to the Controller or any other third party for such transfer.

 

Should any Data Subject believe that either the Controller or the Processor process their Personal Data in a manner that violates their personal privacy or in a manner that conflicts with the law and such Data Subject in accordance with Article 21 of the GDPR raises an objection against the Processor or in accordance with Article 16 of the GDPR asks the Processor to rectify the situation, the Processor shall inform the Controller without delay.

 

If possible with consideration for the nature of processing, the Processor shall via appropriate technical and organisational means assist the Controller with fulfilment of the Controller’s duty to react to Data Subjects’ requests, particularly requests for access to Personal Data, correction or deletion of Personal Data and limitation of processing and/or transferability of Personal Data.

 

The Processor shall assist the Controller if the Controller is required to perform an assessment of the impact on protection of personal data in accordance with Articles 35 and 36 of the GDPR.

 

The Processor's liability for damages caused in connection with Personal Data processing shall be limited to liability for direct damages caused deliberately or as a result of gross negligence. The Processor shall not be liable for any damages other than direct damages, particularly for the loss of reputation, loss of data or loss of profit.

 

Guarantees of technical and organisational ensuring of the protection of Personal Data

 

In accordance with Articles 32 to 34 of the GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Processor shall implement reasonable technical and organisational measures to ensure protection of Personal Data in the manner specified in the GDPR in the scope as specified at https://www.cee-systems.com/privacypolicy, as amended.

 

The Processor hereby undertakes among others to adopt the following measures:

 

a) to entrust with processing of Personal Data only selected employees and other persons who are contractually bound by and instructed about their obligation to protect the confidentiality of Personal Data;

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b) to refrain from entrusting any other processor (“Other Processor”) besides those specified in the list available at https://www.cee-systems.com/privacypolicy or those the Controller has instructed the Processor to engage with processing Personal Data without written permission from the Controller. The Controller hereby consents to involvement of Other Processors specified in the aforementioned list and those the Controller instructed the Processor to engage. The Processor shall inform the Controller about all intended changes relating to the adoption of Other Processors or their substitution and shall provide the Controller with the opportunity to express objections against such changes;

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c) Personal Data in electronic form shall be stored on secured servers or on data media to which only entrusted persons have access based on access codes and passwords, and Personal Data shall be regularly backed up;

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d) appropriate technical means shall be used to ensure the ability to restore the availability of Personal Data and access to such data in a timely manner in the event of physical or technical incidents; and

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e) upon the end of processing of Personal Data, the Processor shall ensure based on an agreement with the Controller the secure physical liquidation of Personal Data, or such Personal Data shall be returned to the Controller based on the Controller’s instructions, unless the law required the Processor to store the Personal Data for a lengthier period.

 

If the Processor involves Other Processor in accordance with point b) above and enables such other processor to carry out certain processing activities, such Other Processor shall undertake the same level data protection obligations as specified in these Terms of Service, particularly providing sufficient guarantees with regard to implementation of appropriate technical and organisational measures in accordance with the GDPR.

 

The Processor shall cooperate with Controller when breaches of Personal Data security are reported to the Processor and the Controller asks for such cooperation.

 

The Processor shall be required to provide the Controller with all information necessary for ensuring that the Personal Data processing duties are fulfilled, and to enable audits, including inspections, conducted by the Controller or another auditor whom the Controller entrusts and to contribute to such audits. If the Controller requires performance of an audit of fulfilment of the Processor's duties under these Terms of Service, the Controller shall be required to contact the Processor at least 90 days before the planned audit and to propose to the Processor an independent auditor and the scope of the planned audit. The processor shall be entitled to reject the independent auditor if the auditor is not sufficiently qualified, is not independent or is otherwise unsuitable for performance of the audit. In such case, the Controller shall be entitled to recommend a different auditor meeting the above requirements, or to conduct the audit individually.

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