Online Booking is the on-line service presented through the website of Yemen Airways(The Company), consists of reservation services, ticketing services, ticketing resources, and related content provided by the Company and/or by third parties. "Subscriber" means every person who establishes a connection for access to/and use of Online Booking Services.
1.0 Agreement with Terms and Conditions.
This Agreement sets forth the terms and conditions that apply to use of Online Booking by Subscriber. By using Online Booking, Subscriber agrees to comply with all of the terms and conditions hereof. The Online Booking Legal Agreement and Privacy Statement are incorporated by reference, as if fully set forth herein.
2.0 Changes in Terms and Conditions.
2-1) The Company has the right to change or discontinue any aspect or feature of Online Booking, including, but not limited to, content, hours of availability, software, or equipment needed for access or use, at any time. The Company has the right to change or modify the terms and conditions applicable to Subscriber's use of Online Booking, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately without the need to notice thereof. Any use of Online Booking by Subscriber subsequent to such changes shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
2-2) The Company reserves all rights to discontinue, change, cancel or alter any or all fares, rates or charges presented through Online Booking. Such discontinuation, change, cancellation or alteration shall be effective immediately without the need to notice thereof. Any use of Online Booking by Subscriber subsequent to such changes shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
3.1) Through Online Booking, the Subscriber should be able to make a Reservation for a flight and apply for a ticket request upon seats availability and according to the terms and conditions hereof. 3.2) Upon the completion of reservation, either the Company shall issue the ticket for the Subscribervia its offices and outlets assigned, or he or she can use the online payment and e-ticket issuance online service. Travel Agents and other Airlines are not authorized to issue tickets upon reservation through Online Booking.
3.3) All subscribers profiles those are not accessed for 6 months might be deleted with all related information.
3.4) ( Important ) A notice with regard to the Limits of Liability, Contract Conditions and reference to Conditions of Carriage will be available at the booking process or included in the Ticket and applied on the Online Booking transactions, affiliates and partners as well. 3.5) Hotel & Car reservation services are offered to Yemen Airways customers by different partnerships. Any help and support regarding bookings, payment…etc. through this service will be under affiliates and partners responsibility and subject to their terms and conditions available on their respective websites. 3.6) All disputes and complaints regarding Hotel & Car reservation should be communicated to the respective affiliates and partners in accordance with their Terms and Conditions available on their websites.
4.1 Lawful Use.
Subscriber shall use Online Booking for lawful purposes only. Subscriber shall not post or transmit through Online Booking any materials which: (i) violates or infringes in any way the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or (iv) contains advertising or any solicitation with respect to products or services, unless Yemen Airways shall have expressly approved such material in advance of its transmission. Any conduct by a Subscriber that in Yemen Airways discretion restricts or inhibits any other Subscriber from using or enjoying Online Booking is expressly prohibited.
4.2 Downloading of Intellectual Property.
Online Booking contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, some of which are owned by Yemen Airways and some of which are owned by third parties. Furthermore, the entire contents of Online Booking are copyrighted as a collective work/compilation. Yemen Airways owns copyrights in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written consent of Yemen Airways (and the copyright owner if other than Yemen Airways). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in/or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that he does not acquire any ownership rights by downloading copyrighted materials.
4.3 Uploading of Intellectual Property.
Subscriber shall not upload, post or otherwise make available on Online Booking any material whether not protected or protected by copyright, trademark, or other proprietary rights, without the express written consent of Yemen Airways and/or the owner of the copyright, trademark, or other proprietary rights, and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any infringement of copyrights, proprietary rights, or any other harm resulting from such an action. By submitting material to any public area of Online Booking, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Yemen Airways the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants Yemen Airways the right to edit, copy, publish and distribute any material made available on Online Booking by Subscriber.
5.0 Disclaimers and Limitation of Liability.
5.1 Use is at Subscriber's Risk.
SUBSCRIBER EXPRESSLY AGREES THAT USE OF ONLINE BOOKING IS AT SUBSCRIBER'S OWN RISK. SUBSCRIBER SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF SUBSCRIBER'S PASSWORD(S), IF ANY. NEITHER THE COMPANY, IT'S AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT ONLINE BOOKING'S SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ONLINE BOOKING, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ONLINEBOOKING.
5.2 No Warranties of Online Booking's Service.
ONLINE BOOKING IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
5.3 Disclaimer of Liability.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
5.4 Subscriber's Waiver of Damages.
5.4.1 Company and Person's Involved
IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Yemen Airways ONLINEBOOKING BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ONLINEBOOKING. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENTS ON ONLINE BOOKING.
5.4.2 Company and its Affiliates
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER, THE COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE (REGARDLESS OF THE CAUSE OR DURATION) FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN Yemen Airways ONLINE BOOKING, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOOSING PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
Subscriber agrees to defend, indemnify and hold harmless Yemen Airways, its affiliates and their respective directors, officers, employees, agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of Subscriber's use of Yemen Airways Online Booking.
7.0 Equipment for Subscriber's Use.
Subscriber shall be responsible for obtaining and maintaining all telephones, computer hardware, and other equipments needed for access to and use of Yemen Airways Online Booking and for any/all charges related thereto.
8.0 Online Booking’s Contents.
Third parties supply a portion of Yemen Airways Online Booking's content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of Yemen Airways. Neither Yemen Airways nor any third-party provider of information guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Yemen Airways neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Online Booking by anyone other than employee spokespersons of Yemen Airways while acting in their official capacities.
9.0 Entirety of the Agreement.
This Agreement, and any operating rules for Online Booking established by Yemen Airways, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
10.0 Governing Law.
This agreement shall be construed in accordance with the laws of the Republic of Yemen. Any cause of action of any nature arising out of this agreement shall be brought to the Commercial Court in the Republic of Yemen and shall be final with no appeal to any foreign court.