Who are we?

 

MAGELLINE is a global business providing instant online travel search services (including but not limited to flight, hotel, tour and car hire price comparisons) and other travel-related services to users throughout the world via our website.

MAGELLINE is not a travel agent and is not responsible for providing, or for setting or controlling the prices applicable to, any of the travel options or products (such as flights or hotels) which you may search for, find on and/or book via the MAGELLINE Platforms (“Third Party Travel Products”). All such Third-Party Travel Products are provided by independent travel agents, airlines, hotels, tour operators or other third parties and are subject to the terms and conditions imposed by those third parties.

The MAGELLINE SERVICES and MAGELLINE Platform are provided by Ayrarat Tour Limited, a private limited company incorporated and registered in Armenia with company number 08620667. Our company details, including correspondence address and registered office, are available here.

 

These Terms

 

These terms and conditions (“Terms”) govern your access to and use of the MAGELLINE Services and/or MAGELLINE Platform and, together with our privacy policy, cookie policy and community guidelines constitute a legal agreement between you and MAGELLINE. By downloading, uploading content to and accessing or otherwise using the MAGELLINE Services and/or MAGELLINE Platform, you are confirming that you have read, understood and agreed to these Terms and those of the privacy policy, cookie policy and community guidelines.

Some of the MAGELLINE Services and/or Platform (for example, our ‘Tour products) impose different terms and conditions on your use of those services. Where that is the case, you will be clearly notified of that and will be required to confirm your acceptance of those terms and conditions, which will operate in place of or in conjunction with these Terms as appropriate.

We may amend these Terms at any time at our discretion. If these Terms are amended, we shall display the revised terms and conditions on or via the MAGELLINE Services and/or MAGELLINE Platform and you will be deemed to have accepted any amendments if MAGELLINE Services and/or MAGELLINE Platform after the amendments are displayed.

If you do not accept all of these Terms then you should not use the MAGELLINE Services or MAGELLINE Platform.
 

 

Using the MAGELLINE Services

 

You may only use the MAGELLINE Services and MAGELLINE Platform in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to download, access and use the MAGELLINE Services and/or MAGELLINE Platform for your own personal, non-commercial purposes and for no other purpose. In particular, we grant such licence to you subject to you agreeing that you shall not:

1) use the MAGELLINE Services and/or MAGELLINE Platform for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trademark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with MAGELLINE or (v) you do not otherwise have any rights or the permissions you need to make available;

2) use the MAGELLINE Services and/or MAGELLINE Platform for any commercial purpose or in any manner which may cause damage to MAGELLINE or bring MAGELLINE into disrepute;

3) disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via the MAGELLINE Services and/or MAGELLINE Platform, except as permitted by law;

4) copy, distribute, communicate to the public, sell, rent, lend or otherwise use the MAGELLINE Services and/or MAGELLINE Platform, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the MAGELLINE Services and/MAGELLINE Platform;

5) use or interfere with the MAGELLINE Services and/or MAGELLINE Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

6) introduce onto, or transmit via, the MAGELLINE Services and/or MAGELLINE Platform any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, authorisation key, licence control utility or software lock;

7) remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the MAGELLINE Services and/or MAGELLINE Platform or pass off or attempt to pass off the MAGELLINE Services and/or MAGELLINE Platform as the product of anyone other than MAGELLINE;

8) use any automated computer program or application to scan, copy, index, sort or otherwise exploit the MAGELLINE Services and/or MAGELLINE Platform or any part thereof.

Where you sign up to any feature of, or use, the MAGELLINE Services and/or MAGELLINE Platform that requires the use of a log-in account or password, you agree that you shall be responsible for keeping those password and log-in details confidential and secure. If you become aware or suspect for any reason, that the security of your log-in details has been compromised, please let us know here as soon as you can.

 

MAGELLINE’s property

Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright, patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the MAGELLINE Services and Platform (together, the “Intellectual Property Rights”) are owned by or licensed to MAGELLINE. You acknowledge that by using the MAGELLINE Services and/or the MAGELLINE Platform, you will not acquire any right, title or interest in or to MAGELLINE Services and/or MAGELLINE Platform or in or to the Intellectual Property Rights except for the limited licence to use the MAGELLINE Services and MAGELLINE Platform granted to you pursuant to these Terms.

Other people’s property

 

We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on the MAGELLINE Services and/or MAGELLINE Platform, please send a written notification of such infringement by contacting us on this e-mail: magelline@gmx.com.

 

Price accuracy and warranty disclaimer

 

Your use of the MAGELLINE Services and/or MAGELLINE Platform is entirely at your own risk.

 

Although we enforce strict ‘price accuracy’ policies with all partners who provide us with travel data and endeavour to ensure that the content displayed on or via the MAGELLINE Services and Platforms is up to date and accurate, we cannot guarantee the reliability or accuracy of such content. We provide the MAGELLINE Services and Platforms on an ‘as is’ basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that the MAGELLINE Services and MAGELLINE Platforms (a) are accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; or (d) are secure or are free from errors, faults, defects, viruses or malware.

 

Limitations and exclusions of liability

 

These Terms set out the full extent of MAGELLINE’s obligations and liabilities in respect of the MAGELLINE Services and Platform.

MAGELLINE has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the MAGELLINE Services and/or MAGELLINE Platform (including, without limitation, any Travel Provider). In the event that you encounter any problems with any booking you make or attempt to make via MAGELLINE, you acknowledge that you should resolve that issue with the relevant Travel Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Travel Provider and not with MAGELLINE. Where the MAGELLINE Services and/or MAGELLINE Platform contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

You may see advertising material submitted by third parties on the MAGELLINE Services and/or MAGELLINE Platform. Each individual advertiser is solely responsible for the content of its advertising material and MAGELLINE accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, providers and third parties) do not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via the MAGELLINE Services and/or MAGELLINE Platform; or (b) any act of god, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, the MAGELLINE Services and/or MAGELLINE Platform or any content contained provided therein.

Nothing in these Terms shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.

 

Your liability to us

 

Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or the Partner Companies, and each of our officers, directors, employees and agents, arising out of, or in any way connected with, your use of the MAGELLINE Services and/or MAGELLINE Platform or breach of these Terms.

 

Termination

 

MAGELLINE may in its absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you and/or, if you have a log-in account, by cancelling your membership and your access to your account and removing any User Content you have uploaded to the MAGELLINE Services and/or MAGELLINE Platform. MAGELLINE may suspend your use of the MAGELLINE Services and/or MAGELLINE Platform in whole or in part without notice at any time, for example, to prevent you from uploading any User Content, without incurring any liability to you whatsoever.

 

General provisions

 

You acknowledge that your unauthorised use of the MAGELLINE Services and/or MAGELLINE Platform may result in irreparable damage and injury to MAGELLINE and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the MAGELLINE Services and/or MAGELLINE Platform.

The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.

These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.

These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of the MAGELLINE Services and/or MAGELLINE Platforms.

We will act promptly to any indications of User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of or suspect that works belonging to you have been infringed, please contact us here.

Any failure by us to enforce any of these Terms shall not be considered to be a waiver of them or the right to subsequently enforce any of these Terms.

A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.

Irrespective of the country from which you access or use the MAGELLINE Services and/or MAGELLINE Platform, to the extent permitted by law these Terms and your use of the MAGELLINE Services and/or MAGELLINE Platform shall be governed in accordance with the laws of Armenia and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of Armenia to resolve any disputes which may arise hereunder.

 

Contact us

 

If you require further information about MAGELLINE or have any suggestions concerning how to improve the MAGELLINE Services and/or MAGELLINE Platform, please contact us here. Alternatively, you can write to us at 5 Office, 4th Floor, 45 Orbeli Brothers, 0028, Yerevan, Armenia marked for the attention of our ‘General Counsel’.