TERMS AND CONDITIONS

1. General Provisions

1.1. These Terms and Conditions, which may be amended from time to time (hereinafter referred to as the Terms), govern your access or use of our applications, websites, tools, platforms and / or other devices (Highpass Service, as defined below) provided by HighPass Europe OÜ directly or indirectly (through distributors, subagents, other entities).  

1.2. By accessing, viewing and using the Highpass Service through our website or any of our applications or in any other way and / or by booking, you acknowledge and agree that you have read and understood these Terms, and you agree to follow them. If you do not agree to these Terms, you cannot access or use the Highpass Service.

1.3. The following definitions are applied in these Terms:

• You / user(s) – the person or persons, booking the Airport Services through the Highpass Service.
• Highpass Service is an online booking system (highpass.aero website, websites, applications, tools, platforms and / or other devices), through which users can book Airport Services.
• Airport Services refer to various airport services (for example, VIP lounge, VIP terminal, business lounge, Fast-track and similar Airport Services) or any other services provided by Service Providers, which you can book using Highpass Service.
• Service Provider(s) – an Airport Services provider.
• Information about Airport Services – the conditions of the Service Providers, according to which the booked Airport Service is booked, provided, or cancelled, the Service Providers deny provision of the booked Airport Service to the user or the user refuses to receive the booked Airport Service, repayments are made, and which are mandatory for review and execution by users.
• HighPass Europe OÜ is a company established under the laws of Estonia with registration number 14732451 and legal address at Vahulille 6/2-35, Tallinn, 12015, Estonia (hereinafter referred to as – «HIGHPASS»), which administers the Highpass Service.
• Booking ID is a unique bar code / numeric and alphabetic / QR code that confirms the booking of the Airport Services by the user through the Highpass Service and grants the user the right to receive the Airport Services according to the conditions of its booking.
• Payment operator is a payment service of banks and / or financial institutions, intended to simplify settlements between individuals, legal entities and / or individual entrepreneurs on the Internet by using personal computers and / or other mobile devices, through which users pay for Airport Services.

1.4. These Terms apply only when booking Airport Services, which are rendered by Service Providers in Europe.

1.5. The Highpass Service is available only for personal and non-commercial use and is intended solely for persons over 18 years old. By using the Highpass Service you acknowledge and warrant that you use the Highpass Service for personal and non-commercial use, and that you are at least 18 years old.

2. Booking Airport Services

2.1. Airport Services can only be booked by users registered with the Highpass Service, for which users must provide valid personal data requested (such as full name, telephone number and email address). When registering in the Highpass Service, each user creates a personal user account.

2.2. You acknowledge and agree that any person, whom you allowed to use your personal user account or whom you have provided personal data on your personal user account in the Highpass Service (login and password) can access and use the Highpass Service on your behalf, and that you will be fully responsible for any actions (including the booking of the Airport Services and payment) performed by such a person.

2.3. By booking the Airport Services through the Highpass Service, the user enters into direct (legally binding) contractual relations with the Provider, whose Services he or she has booked. HIGHPASS acts solely as an intermediary between the User and the Service Provider, transferring the terms of the user's booking to the appropriate Provider, sends the booking confirmation (Booking ID) to the user in the name and on behalf of the Service Provider, and ensures payment acceptance (with the help of the Payment Operator) when paying for the Airport Services. You agree and are fully acknowledge that under any circumstances HIGHPASS is not a party to any agreement for the provision of Airport Services between you and the Service Provider.

2.4. The rules for booking and providing airport services are published on the Highpass Service in the Information about Airport Services. If you do not agree with these rules for booking and providing Airport Services, you may not book Airport Services.

2.5. Any Information about Airport Services provided or published on the Highpass Service regarding Airport Services is provided or published by the relevant Service Provider. The Provider shall be fully and solely responsible for the accuracy and relevance of the Information about the Airport Services, including, but not limited to: for updating all prices, availability of Airport Services, conditions of booking cancellation, conditions of the Provider's denial to provide Services and the user's refusal to receive Services, chargeback policy and other information about the Airport Services available for booking through the Highpass Service. HIGHPASS does not and cannot guarantee that the Information about Services published by the Providers on the Highpass Service is accurate, complete or correct. HIGHPASS is not responsible for the verification of the Information about Services published by Service Providers on the Highpass Service.

2.6. Any information displayed on the Highpass Service is not and should not be construed as a recommendation or approval of HIGHPASS (as the administrator of the Highpass Service) of any Provider or any Airport Services.

2.7. To complete the booking, you must pay the full cost of the Airport Services.

2.8. By booking, you confirm that you have read and unconditionally agree with the rules for booking and providing airport services, the terms of Cancellations and Denials, the chargeback policy of your Service Provider.

2.9. By booking, you also agree to receive additional information about the Airport Services booked, as well as information about our special offers and other promotional emails (in accordance with our privacy policy).

3. Cost of the Airport Services and the terms of payment

3.1. Unless otherwise expressly stated, all prices for Airport Services listed on the Highpass Service include VAT and all other applicable taxes.

3.2. The automatic currency converter available on the Highpass Service is for your information only; actual exchange rate may vary. You acknowledge and agree that Service Providers and / or HIGHPASS may, at its discretion, round up or down the price paid to Service Providers to the nearest whole number of the currency in which the price is expressed.

3.3. Users do not pay any additional fees or other payments (in favor of the Service Providers or HIGHPASS), except for the cost of the Airport Services booked.

3.4. The booked Airport Services shall be fully prepaid during the booking process. The booking of the Airport Services cannot be completed until full payment is made for such airport Services.

3.5. HIGHPASS, on behalf and at the expense of the Providers, provides users with the opportunity to pay for the Airport Services booked through the Highpass Service with the help of the Payment Operator, engaged by HIGHPASS.

3.6. User can pay for the booked Airport Services using a bank card. When booking, each user must provide valid and correct payment details of a bank card to the Payment Operator, through which payment for the booked Airport Services is made. You acknowledge that HIGHPASS does not collect or store payment information (including bank cards data), and that the general conditions of the Payment Operator and its Privacy Policy shall apply in this regard. Financial information will only be used to pay for booked Airport Services. You confirm and warrant that you will provide the Payment Operator with the correct personal data and payment details. You acknowledge and agree that (for the avoidance of any doubts, in addition to these Terms), any payments for the booked Airport Services may be subject to additional terms (as well as a privacy policy) established by the Payment Operator.

4. Booking confirmation

4.1. Within 25 hours after completing the booking via Highpass Service, you will receive a notification (to your email address) about whether your booking has been confirmed by the Service Provider - in this case, you will be provided with a unique Booking ID.

5. Cancellations and denials rules. Chargeback policy.

5.1. By using the Highpass Service, you acknowledge and agree that even after confirming the booking of the Airport Services, the Service Providers reserve the right to cancel the booking or deny the provision of the booked Airport Services (hereinafter referred to as Cancellations and Denials).

5.2. Also, you have the right to cancel your Service booking or to refuse to receive it yourself.

5.3. Each Airport Service Provider establishes Cancellations and Denials rules independently, including:

• terms of cancellation initiated by the Service Provider
• terms of cancellation initiated by the User
• terms of Provider's denial to provide the Airport Services
• terms of User's refusal to receive the Airport Services
• chargeback policy in case of Cancellations and Denials

The above Cancellations and Denials terms and chargeback policy are specified in the Information about the Airport Services posted by Providers.

5.4. In case of Cancellation of the booked Airport Services at the initiative of the Supplier, you will be immediately notified by the email address you specified when booking.

5.5. You have the right to be subject to the Cancellations and Denials terms, as well as the chargeback policy in effect at the time of your booking of the Airport Serviceg.

5.6. A request to cancel a booking at the initiative of the User must be sent by the user via his or her personal account.

6. Receiving the Airport Services

6.1. In order to receive the booked Airport Services, the user must provide the Service Provider with a Booking ID and other supporting data or documents (for example, a passport, air ticket) according to the requirements of each Provider posted in the Information about the airport Services.

7. Disclaimer

7.1. HIGHPASS SHALL NOT BE LIABLE TO USERS OR THIRD PARTIES FOR THE PROVISION OF THE AIRPORT SERVICES (INCLUDING, BUT NOT LIMITED TO, THEIR QUALITY, COMPLIANCE WITH THE DESCRIPTION, OR ANY CANCELLATIONS OR DENIALS). FULFILLING OBLIGATIONS RELATED TO THE AIRPORT SERVICES IS THE SOLE RESPONSIBILITY OF SERVICE PROVIDERS. ANY CLAIMS OR COMPLAINTS REGARDING THE AIRPORT SERVICES MAY ONLY BE FILED TO SERVICE PROVIDERS.

7.2. In accordance with the restrictions set forth in these Terms, in the cases established by law, HIGHPASS shall be liable only for direct damages done to, paid for or suffered by users due to the unfair fulfillment of our obligations set forth in these Terms. In any case, our liability (for a single event or a series of related events) is limited to the cumulative sum of the total cost of your booking specified in the email confirmation received by the user in accordance with clause 4.1. of these Terms.

7.3. HIGHPASS shall not be liable for any damages (direct losses, lost profits), payment of any penalties (fines and other sanctions), any other losses or expenses made, incurred or paid by you, arising from or in connection with the use, inability to use or delay in the operation of the Highpass Service. HIGHPASS also disclaims any liability for (i) any inaccuracies related to the Information about the Airport Services provided by Service Providers on the Highpass Service and (ii) the rendering of such Services by the Providers. HIGHPASS shall not be liable for any interruptions in the Highpass Service (for example, due to technical breakdown, repair, upgrading or maintenance of the Highpass Service or for any other reason).

7.4. HIGHPASS also shall not be liable for errors (including obvious and typographical errors), as well as any inaccurate, misleading or incorrect information (incompleteness or non-provision of such information). Each Service Provider shall be liable at all times for the accuracy, completeness and correctness of the Information about the Airport Services (including information on pricing and availability of certain Airport Services) published on the Highpass Service, as well as any other information published or provided for publication on the Highpass Service. Obvious errors contained in the Highpass Service do not entail legal obligations.

7.5. Any claims or complaints regarding the Highpass Service or any Airport Service, action or event for which HIGHPASS may be liable must be submitted in a timely manner, but no later than 1 (one) month after the date of the event or action, which is the basis for such a claim or complaint. Any claim or complaint filed after the expiration of 1 (one) month may be rejected, and its bearer will lose the right to any compensation or refund. Claims or complaints referred to in this paragraph should be sent to the following email address support@highpass.aero

7.6. HIGHPASS may at any time decide to terminate the Highpass Service operation without prior notice to users. HIGHPASS does not guarantee that Highpass Service will be compatible with the user hardware and software. HIGHPASS is not obliged to provide its services in case of failures in its technical infrastructure, software, servers or failures in technical infrastructure, software or network resources of other entities on which Highpass Service depends, or in case of errors or failures in its own servers.

8. Applicable Law

8.1. These Terms shall be interpreted in accordance with the current legislation of Estonia. Any disputes arising from these Terms shall be resolved in the courts of Estonia. In case of discrepancy in understanding of the different translations of these Terms, the English version shall prevail.

8.2. This version of the Terms shall enter into force on December 1, 2019.