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General Business Terms and Conditions

Application of General Business Terms and Conditions

The present business conditions exists as the contract arranging the relationship between Swiss Halley AG (Churerstraße 47, 8808 Pfäffikon, Switzerland; represented by: Ulrich Märki CEO, on the same business address; hereinafter referred to as ’Swiss Halley AG’) and the users. Swiss Halley AG provides its services exclusively based on these terms and conditions.

I. Services of Swiss Halley AG, subject of the contract

I.1. Swiss Halley AG offers the following travel products:

a) travel voucher [(voucher), vouchers bought after December 1, 2014 are called Diamond vouchers – with Diamond vouchers one can reserve accommodation on the voucher reservation portal, the vouchers purchased before December 1, 2014 can be used on the page of Holiday Coupon offers in the form of vouchers or even that of Holiday Coupons],

b) Multi Holiday Coupon that provides entitlement to the user to book accommodation via the booking portal offering the payment method option “bank card” in addition to the purchase of Holiday Coupon offers; and

c) the combination of the products mentioned above (the travel packages that contain Diamond vouchers and Multi Holiday Coupon, in addition, the user becomes entitled to use extra services depending on the type of their package), hotel rooms that can be reserved through payment by bank card. Swiss Halley AG also offers flight tickets, transfer services, spare time activities, car rental services and travel insurance, however, these services may only be purchased by the user, in case earlier the user has bought a Basic, Smart or Life package that is still valid at the moment of purchase. Types of travel packages: Basic, Smart, Life and Loyalty Standard, Loyalty Plus and Loyalty Professional (hereinafter Pro). The user by registering on the website of Swiss Halley AG, can purchase certain products, services of Swiss Halley AG. However, the purchase/use of all products and services of Swiss Halley AG is possible only after purchasing one of the Basic, Smart or Life travel packages. The user who has not purchased any Basic, Smart or Life travel package or Multi Holiday Coupon or does not own any vouchers, Holiday Coupons or Best Price options, cannot use the bank card booking portal for reservation, they can only use it for searches.In case the user has a valid Basic, Smart or Life package, they are not entitled to purchase a new package until the validity of the existing Basic, Smart or Life package expires.  The case, when, in a defined period, the promotional purchase of a Basic Upgrade or Smart Upgrade package is possible, forms an exception, see details in clause I.2.e.

In case a user without distributor status withdraws their registration, they can register again, any time on any sponsor line.

I.2. Products
a. Travel packages

Product name

Content of the product

Product prices*

 

Number of travel voucher(s)**

Travel voucher** validity******
(year(s))

Portal usage (year(s))******

Holiday Coupons (pieces)

Best Price option
(pieces)

Holiday Coupon and Best Price option validity ******

 

Basic***

1

1

1

10

2

5

USD 556

Smart***

3

1

5

30

6

5

USD 1668

Life****

7

2

99*****

70

14

5

USD 3892

*The transaction cost of bank card payment is not included.

** The name of vouchers purchased after December 1, 2014 is Diamond Voucher.

*** The spouse or business partner of the owner of Basic or Smart packages can also use the travel services independently. The spousal or business relationship can be verified by sending the official certificates to the email address info@fireflies.com.

**** Those who purchase Life Package can make reservations for a maximum of 10 persons on the reservation portal and travelers do not have to include the owner of the web office.

***** Those who purchase a Life Package get 92 years of free res ervation portal usage.

****** The starting date of product validity is the date of purchase.

b. Travel package purchases in stages

(1) Swiss Halley AG provides an opportunity to the user to purchase Basic, Smart or Life travel packages in so-called stages.

(2) Stage: a purchase process consisting of three units. After purchasing the three units, the stage can be considered completed. The user can complete further stages by purchasing further units.

Content of one stage:

 

Diamond Voucher
(pieces)

Holiday Coupon*
(pieces)

Best Price option*
(pieces)

Right to use the reservation portal*

Price**

Unit 1

-

5

1

-

USD 138

Unit 2

-

5

1

-

USD 138

Unit 3

1

-

-

1 year*

USD 280

* The starting date of the product's validity is always the purchase date of the first unit belonging to the stage providing the right.

**Transaction fee of bank card payment not included.

(3) Units can only be purchased in their order, a maximum of one unit can be purchased per calendar month. Simultaneously, only one stage can be completed at one time.

(4) After completing the first stage (that is, purchasing the first three units), the user obtains Basic package rights* in case the purchases of the first and third units are carried out within three calendar months.

In case the purchase of the third unit is carried out after the third calendar month has passed, the products purchased up to that point remain possessed by the user as independent products, however, the stage cannot be considered completed, that is, no Basic package right is created. The completion of the stage necessary for the Basic right can be restarted in the next calendar month by purchasing the first unit of a new stage. In this case, the user will acquire Basic package rights even if the completion of the stage needed for obtaining Basic package rights is carried out in more than three calendar months.

Example: regarding a first unit purchased on March 31, 2017, the user acquires Basic package rights following the purchase of the third unit exclusively if the second unit is purchased in April and the third unit is purchased in May, as well.

In case the third unit is not purchased in May but, outside the three calendar months, in August, for instance, the purchase of the third unit does not create Basic package rights, however, the user takes ownership of the products purchased with the units. The user acquires Basic package rights following the completion of a new stage, this can happen outside the three-month deadline, too.

The 30-month deadline always starts from the month when the very first unit is purchased. Based on the present example, August 2019 is the last month when a unit can be purchased.

After completing the three stages, the user acquires Smart package rights* in case the purchase of the first unit belonging to the first (either completed or not completed) stage and the completion of the third stage is carried out within 30 calendar months. Following the completion of the seventh stage, the user acquires Life package rights* in case the purchase of the first unit belonging to the first (either completed or not completed) stage and the completion of the seventh stage is carried out within 30 calendar months.

In case the purchase of the first unit belonging to the first stage and the completion of the seventh stage is not carried out within 30 calendar months, keeping the level of rights acquired up to that point the user can continue to purchase further units and complete stages, however, by completing a stage, their level of rights does not change but they extend their portal usage validity by one year. Users acquiring Basic or Smart package rights within 30 months, who have not reached any further levels of rights within 30 calendar months, can also acquire Life package rights by purchasing the temporary promotional product, the package upgrade product available with conditions and in periods announced in advance.

* The starting date of the portal usage right validity period is always the purchase date of the first unit belonging to the stage providing the right.

In case the user has a Basic package, one stage can be regarded as completed. In case the user has a Smart package, three stages can be regarded as completed. In case the user has a Life package or has acquired Life package rights through the completion of seven stages, they can purchase further units and they can complete stages, however, a stage completed in this manner does not create new rights but extends the portal usage validity by one year.

(5) Following the purchase of the first unit of stage one, Basic, Smart or Life package cannot be purchased.

Loyalty packages can be purchased right after purchasing the first unit of stage one.

(6) Units can be purchased in the independent menu of phasic purchases, this menu contains detailed statistics concerning the user's phasic purchases. Units can also be paid for using the Travel Balance.

(7) Units can be purchased automatically in case the user requests the automatic purchase of the units (clicks to tick the checkbox) in their web office. In this case, always the next unit is automatically purchased at the soonest time following the first payment of the given month. The automatic purchase of units ends as soon as the user completes the seventh stage or the user removes the tick indicating their request for the automatic purchase of units in the web office. Swiss Halley AG assumes no responsibility for the failure of the automatic unit purchases.

By ticking the automatic purchase of units, the user accepts that the price of the given unit is deducted from their commissions/bonuses released from quarantine, that is, payable to the user.
In case the payable items on the commission balance do not provide adequate coverage for the purchase of the unit, the user consents to the deduction of the outstanding amount from the user's Travel Balance. In case the payable items on the user's commission balance along with their Travel Balance do not provide adequate coverage for the purchase of the unit, the user, by ticking a so-called checkbox when making a payment on Fireflies.com, expressly consents that the value provided by the outstanding amount increased by the transaction cost is settled using their bank card, in the form of the so-called automatic payment renewal.

(8) Extra qualification points for Smart package are credited as the third stage is completed (Smart rights are acquired), whereas, extra qualification points for Life package are credited as the seventh stage is completed (Life rights are acquired).

c. Loyalty packages

1. Loyalty package is a special type of travel package. The name of the various Loyalty packages: Loyalty Standard, Loyalty Plus, Loyalty Professional (hereinafter Loyalty Pro). Loyalty packages are characterized by the following features:

Product name

Product content

Product price*

Diamond voucher
(pieces)

Holiday Coupon
(pieces)

Best Price option
(pieces)

 

Loyalty Standard

1

10

3

USD 576

Loyalty Plus

3

30

9

USD 1728

Loyalty Pro

7

70

21

USD 4032

Loyalty Rapid***

3

30

9

USD 2112

Product validity****

2 years

5 years

5 years

 

*The transaction cost of bank card payment is not included.

** The validity of unused Holiday Coupons and Best Price options, purchased before November 19, 2016, is also 5 years calculated from the date of purchase.

*** Loyalty Rapid package can be purchased under the menu Loyalty Cycle positions, at the given position, exclusively.

****The beginning of product validity is the day of purchase.

(2) Loyalty packages can exclusively be purchased by users owning a valid Basic, Smart, Life or Business travel package or who have already made at least an unit one purchase concerning a Basic, Smart or Life package.

(3) Loyalty packages can also be purchased from Travel Balance, in part or in full.

(4) Loyalty packages do not create and do not extend portal usage right.

(5) Diamond vouchers, Holiday Coupons and Best Price options purchased in the Loyalty package can be used without portal usage right within the validity period.

d. Best Price Option

(1)  Exclusively in the case of hotel reservation, Best Price option provides a one-time entitlement and opportunity to the user with the following conditions and discounts.

In case the user received the Best Price option directly through package purchase, that is, not through Holiday Coupon conversion, or purchased the Best Price option before February 22, 2017 through package purchase or converted it from a Holiday Coupon before February 22, 2017:

  • The discounted price calculated for Best Price option is independent from the type of valid travel or Loyalty package the user has.
  • The owner of Best Price option can book an accommodation also for another natural person, that is, the owner of Best Price option does not have to be listed among the travelers.
  • In case the owner of the Best Price option books an accommodation for him or herself using the Best Price option, the reservation is made at an 8% discounted price compared to the price available to Life travel package owners.
  • In case the owner of the Best Price option makes an accommodation reservation for another person using the Best Price option, the reservation is made at the price available to Life travel package owners.
    The owner of the Best Price option used for the reservation is entitled to receive a non-commission one-time credit of 8% calculated from the net price of the accommodation reservation reduced by the transaction cost. This amount can exclusively be credited to the commission account. Users without commission accounts are not entitled to receive the above credit. Accommodation reservation quarantine conditions apply to quarantine conditions concerning the credit, while, commission payment conditions apply to payment conditions.

In case the user received the Best Price option through Holiday Coupon conversion, after February 22, 2017:

  • The discounted price applicable when the Best Price option is used is the price available with the valid travel package owned by the user* reduced by 8%. In case the user does not have a valid travel package, the discounted price applicable when the Best Price option is used is the price available with Multi Holiday Coupon* reduced by 8%.
  • The owner of Best Price option can make an accommodation reservation for another natural person exclusively if they have a valid Life package.

*Price excluding transaction fee

2. Best Price option can be used also in case the user does not have a valid portal usage right at the time the reservation is carried out. Best Price option neither creates, nor overrides any further reservation or other rights related to packages.

3. Best Price option does not apply to reservations carried out through our strategic partners (e.g. Booking.com).

4. Best Price option does not apply to hotel reservations carried out partly or in full using vouchers or Holiday Coupons or to those hotel reservations where the payment is not carried out on the reservation portal.

5. Best Price option has a validity of five years, the starting time is the moment at which the Loyalty package containing the Best Price option is purchased, this is presented among the data belonging to the given Best Price option.

6. The user is entitled any time to convert one valid and unused Best Price option into one Holiday Coupon or one valid and unused Holiday Coupon into one Best Price option. The unused Best Price option or Holiday Coupon converted in the above manner can be re-converted or converted back any time within its validity period.

The validity deadline of the product converted in the above manner once or multiple times is always the same as the validity deadline of the original product, it can be found in the web office, among the data belonging to the given product

Holiday Coupons received through transfer cannot be converted into Best Price options. Holiday Coupons purchased before February 22, 2017 form an exception, these can be converted into Best Price options once.

7. One Best Price option can be used only once, only one Best Price option can be used per reservation. The Best Price option has to be at the user's disposal at the time of the reservation and it can only be used - online - directly when the travel reservation is made. Best Price options owned by the user only at any later point in time cannot be used subsequently.

8. Modification and cancellation policies applying to hotel reservations carried out through bank card payment also apply to the reservation made using the Best Price option. In case the hotel reservation can be cancelled free of charge, the user can also re-use the Best Price option with its original expiry date.

9. Using Best Price option, only non-refundable accommodations can be reserved for periods that exceed the expiry of the Best Price option in case the reservation is made by the user within the validity period of the Best Price option.

10. The Best Price option cannot be transferred.

11. The use of Best Price option can be combined with other promotions and discounts exclusively in case it is expressly indicated.

12. Best Price option cannot be sold or used at auctions, it is especially not permitted to offer the Best Price option for sale on so-called internet auction portals (e.g. eBay). Multiplication and digitization of the Best Price option is also forbidden.

(13) In case the user has at least two types of the Best Price option types purchased before February 22, 2017, purchased after February 22, 2017 or converted from Holiday Coupons and they can use at least two types of Best Price options for the reservation made with the concerned Best Price option, the user is entitled to select the type of Best Price option they would like to use for the reservation in question.

(14) During the reservation carried out by a user who owns more than one Best Price options of the same type, their Best Price option with the earliest expiry date is used.

e. Other products

Product name

Product content

Product price*

Multi Holiday Coupon

1 year portal usage + 10 Holiday Coupons

USD 290 / year

Travel voucher (voucher)

1 travel voucher (voucher)

USD 354 / year

Basic Upgrade package**

The extension of the Basic package purchased earlier into Life
package, conditions are included in the actual announcement

According to the actual announcement**

Smart Upgrade package**

The extension of the Smart package purchased earlier into Life package, conditions are included in the actual announcement

According to the actual announcement**

*The transaction cost of bank card payment is not included.

**Package upgrade is an intermittent promotional product, it can only be purchased according to the previously announced conditions and in the pre-defined period.

I.3. Services connected to the products

 

 Services

Web office

Accommodation reservation with bank card/Travel balance

 

 

 

Flight ticket purchase, car rental, ticket purchase for activities, transfer reservation, travel insurance

Travel voucher offers

Holiday Coupon Offers

Travel guides

Hotline

Registration

no

no

no

no

no

no

no

Entry fee for distributors

yes

no

no

no

no

no

yes

Web office usage fee

yes

no

no

no

no

no

yes

Holiday Coupon

no

no

no

no

yes

yes

yes

Multi Holiday Coupon

no

yes, 1 year

no

no

yes

yes

yes

Travel voucher

no

no

no

yes

no

yes

yes

Basic Travel Package

no

yes*, 1 year

no

yes

yes

yes

yes

Smart Travel Package

no

yes*, 5 years

yes

yes

yes

yes

yes

Life Travel Package

no

yes*, 99 years

yes

yes

yes

yes

yes

Loyalty Standard, Loyalty Plus and Loyalty Pro and Loyalty Rapid package.

no

no**

no

yes

yes

yes

yes

*Purchasers of Basic, Smart or Life Packages get a discount from the prices of accommodation reservations, depending on their package, compared to the price of reservations made with Multi Holiday Coupon. This discount is 6.0% for Basic, 10.0% for Smart and 14.1% for Life Package.

This discount does not apply to reservations made through our strategic partners, with Holiday Coupons, with travel vouchers and with Best Price options. Strategic partner: in case such reservations are made, payment is not carried out on the reservation portal www.fireflies.com.

**Best Price options purchased in Loyalty packages are valid for 5 years calculated from the date of purchase. See details in clause I.2.c.

A travel package can be considered valid if its portal usage right is still valid, i.e. the expiry date of portal usage right comes after the examined date.

I.4. The purchase/usage of the services of Swiss Halley AG is possible only after registration. The registration is possible by clicking on the individual referral link that has been sent by a user who had registered earlier.

II. Data protection declaration

(1) When registering, and reserving/purchasing products and services, the user provides his personal data by filling the form to Swiss Halley AG.

(2) The personal data (e.g. title, name, address, e-mail address, phone number, fax number) provided by the user is used by Swiss Halley AG according to the Swiss data protection law for settlement purposes, and to control the conformity to this General Business Terms and Conditions (hereinafter referred to as: ’GBTC’). Accordingly, Swiss Halley AG may register, store and process only the data provided by the user on the online form. Swiss Halley AG uses cookies, in order to be able to assess the demands and needs of the visitors.

(3) For the fulfillment of the provisions of the Agreement (e.g. for reserving a room) the personal data of the user is forwarded by Swiss Halley AG to the selected, in case it is needed for the hotel reservation. Furthermore, the Company forwards the data to its partner, who performs the acceptance of the bank card within the framework of the hotel reservation.

(4) When reserving the services and when registering at Swiss Halley AG, the data is forwarded using ’Secure Sockets Layer (SSL)’ technology. Swiss Halley AG never asks the user to provide confidential bank and credit card data, e.g. PIN code. Swiss Halley AG does not store these confidential data.

(5) The user is entitled any time to request the modification, disabling or deletion of certain personal data through the info@fireflies.com e-mail address.

(6) Besides this data protection declaration the data provided by the user to Swiss Halley AG are not rendered accessible by Swiss Halley AG to third parties, without the express written consent of the user, except a legal or official regulation orders so.

(7) When the contract is terminated, those user data are stored, that have to be kept based on laws – except when the user approved their further use.

III. General business terms and conditions for the purchase/use of the products and services of Swiss Halley AG

III.1. Registration

(1) The purchase/use of the products and services of Swiss Halley AG may take place following registration. The registration is only possible through the referral link. The registration is free and takes place on the website of Swiss Halley AG (www.fireflies.com). Registration is valid only after accepting the present GBTC. After the GBTC is accepted, Swiss Halley AG sends a confirmation to the e-mail address provided during the registration regarding the acceptance and validity of the registration. The user receives an activating link in the confirmation e-mail.

(2) Swiss Halley AG provides registration only to those people, who are over 18 at the time of registration, and are not limited in their capacity to act. By registering on the website of Swiss Halley AG, the user expressly confirms that he is over 18.

(3) Open or disguised multiple registrations are prohibited. It is forbidden to use the name of spouses, relatives, business names, companies limited by shares, private companies, investment companies and third parties, in order to evade this provision.

(4) Swiss Halley AG reserves the right to reject the registration application, without providing reason.

(5) The user fills in the online registration form published on the website of Swiss Halley AG and sends that electronically to Swiss Halley AG. The user is obliged to provide all the data necessary for the registration, and later, the data saved in the Profile menu according to reality.

(6) At registration the user has to choose a personal username and password. The username may not harm the right of a third party or rights connected to names or brands, effective laws or moral. The user shall keep the password confidential and is not entitled to inform a third party about it by any means. In case the user decides to share their password, the log-in data of their email address with their sponsor or with another user, and later, damage is caused by this sharing, Swiss Halley AG assumes no responsibility for the damages caused.

(7) The user is obliged to report immediately any changes regarding the data provided during the registration to Swiss Halley AG via the email address info@fireflies.com or the address Swiss Halley AG, Churerstraße 47, 8808 Pfäffikon, Switzerland. The user will be responsible for any disadvantages and consequences caused by failing to meet this obligation.

III.2. The general terms and conditions of use relevant to the website of Swiss Halley AG

III.2.1 THE REGULATIONS FOR USE OF THE WEBSITE OF Swiss Halley AG

(1) The user shall be obliged to immediately inform Swiss Halley AG any time, when his password becomes available by a third party or a third party misused the internet account.

(2) The user may not harm the rights of a third party when using Swiss Halley AG website, may not inflict valid law or moral. The user undertakes especially to refrain from the following acts:

- publication of statements that are insulting, harassing, violent, approving violation, agitating, sexist, obscene, pornographic, racist, against moral or otherwise scandalizing or containing prohibited content,

- hurting, harrassing, threatening, terrifying, defaming and humiliating other users or the employees of Swiss Halley AG,

- searching the personal or confidential data of other users or Swiss Halley AG employees, forwarding these or spreading, in other words not respecting the private sphere of other users or Swiss Halley AG employees,

- publishing untrue statements regarding race or religious affiliation, sex, sexual orientation, origin or social situation of other users or Swiss Halley AG employees,

- finding out, forwarding or publishing confidential information of Swiss Halley AG,

- publishing untrue statements about Swiss Halley AG,

- using copyrighted pictures, photos, graphics, videos, music parts, audio recordings, texts, brands, titles, names, softwares or other contents without the approval of the entitled party or permission provided by a legal provision,

- publishing advertisement, statements containing religious or political views,

- use of forbidden or illegal content;

- exploiting the programming errors;

- acts that cause the overload of the servers and/or increasingly disadvantageously influence the use of the service by other users.

- hacking and cracking activity, inciting or supporting such activities,

- spreading falsified software, furthermore, inciting or supporting the spreading of falsified software,

- uploading files that may contain viruses, Trojan programs, worms or faulty data,

- using and spreading so-called ’auto’, ’macro’ or other ’cheat utility’ software programs,

- modification of the service or parts of the service,

- using a software that renders possible the data search or acquires or collects information in connection with the service,

- disturbing the data transfer process to and from the servers of the service or the website servers,

- gaining access to the serves of the service or the website servers.

(3) Swiss Halley AG reserves the right to deny the reregistration of the user, following the web office of the user was permanently disabled or deleted, or the Agreement concluded based on this GBTC between Swiss Halley AG and the user is terminated with extraordinary notice.

(4) Swiss Halley AG expressly reserves the right to immediately block the internet account of the user, in case during the use, the user breaches their obligations contained in the present General Business Terms and Conditions or disobey the effective laws.

(5) Swiss Halley AG reserves the possibility of sending newsletters to the user’s email address. Under the menu Profile, the user can select what type of newsletters and in which language they would like to subscribe to. The user can also take the possibility of not subscribing to any kind of newsletter.

(6) User acknowledges that Swiss Halley AG can send an email or a newsletter to the user, exclusively for the sake of protecting the user’s interests, also in case the user has unsubscribed from all types of newsletters.

(7) The lead time of the investigation providing the basis for the assessment of questions, requests or occurring complaints received by Swiss Halley AG in writing is 30 days. Swiss Halley AG sends a notification to the user about the fact that the answer is created, without delay but within 30 days, at the latest. Questions received in writing are answered in writing in every case.

(8) User acknowledges that in the course of using the services of Customer Relations, especially when contacting the Customer Service, they shall abstain from intrusive, obscene behavior and conduct that violates public taste and human dignity. In case, in the course of the phone calls made to the Customer Relations, user violates public taste and the dignity of the administrator, indulges in personalities, swears, administrator is entitled to warn the user that in case the user does not modify their behavior, the administrator can abort the call.

(9) The Customer Relations of Fireflies can exclusively be contacted in the languages displayed under the Customer Relations menu of Fireflies.com, accordingly, it is entitled and obliged to provide replies in these languages, exclusively.

III.2.2. PAYMENT CONDITIONS

(1) When purchasing the products and services of Swiss Halley AG the user may pay by bank card or credit card. Swiss Halley AG can only issue invoices about the purchased products and services that are in accordance with the Swiss law, in English, these will contain the purchaser data according to the provided billing information. Swiss Halley AG does not assume any responsibility in case this invoice is not in accordance with the tax authority or judicial provisions applying to the distributor.

(2) The purchase price of the travel package, Multi Holiday Coupon and the travel voucher, the accommodation prices, flight ticket prices, transfer prices, car rental fees and travel insurance prices are net prices and do not contain commercial or any other taxes (e.g. tourist taxes), neither do they contain the transaction fee of the payment carried out with bank card.

(3) In case user cancels or deletes the reservation, Swiss Halley AG is entitled to deduct the transaction fee of the bank card payment from the refunded amount, except if the reservation fails due to the fault of Swiss Halley AG.

(4) In case the user has a Travel Balance in the system of Swiss Halley AG, Swiss Halley AG is entitled to credit the refund made for cancelled or failed reservations to the Travel Balance of the user. In case of reservation cancellation, Swiss Halley AG credits the amount of the price reduced by the bank card fee to the Travel Balance. In case of reservation cancellation, Swiss Halley AG credits the amount of the price reduced by the bank card fee to the Travel Balance. In case the user wants the refund of this kind to arrive to their bank account via bank transfer, the user is obliged to communicate this wish immediately to the e-mail address info@fireflies.com.

(5) In case of payment delay, the user shall be obliged to pay a default interest to Swiss Halley AG that is equal to the Swiss National Bank basic interest rate plus 5%.

III.2.3. The amount of transaction fee

(1) Swiss Halley AG is entitled to charge transaction fee for payments carried out using bank cards.

(2) The transaction fee is defined for each product type as the following percentages:

Product or service purchase

Transaction fee rate

Hotel room reservation, transfer reservation, car rental, ticket purchase for programs, travel insurance.

1.4%

Flight ticket.

3.0%

Multi Holiday Coupon, Basic, Smart and Life package.
Loyalty Standard, Loyalty Plus and Loyalty Pro and Loyalty Rapid package.
Basic and Smart Upgrade package.
Diamond Voucher, entry and web office usage fee.

3.5%

(3) The transaction fee is calculated considering the total amount paid by bank card (including also the transaction fee itself). The amount paid from Travel balance is not subject to transaction fee payment.  

III.2.4. Travel balance

(1) Using the part of the amount on the Travel Balance that has been credited against cancelled or failed reservations or best price guarantee claim, the user can freely purchase any of the products and services offered by Swiss Halley AG, except:

- entry fee and web office usage fee;

- reservations made through our strategic partners (e.g. Booking.com, since these are services that are not offered through our own sales channel).

(2) In case the purchase is paid with travel voucher or Holiday Coupon the distributor may use the balance for the payment of the additional amount.

(3) In case more types of products and services are paid for simultaneously, the amount payable from the travel balance is deducted from the reservation price of travel services, first. The further items in the cart can be paid from the remaining part of the sum used from the travel balance, only subsequently.

(4) In case Swiss Halley AG has outstanding claims against the user and in case this claim cannot be settled in any other way, Swiss Halley AG is entitled to debit the travel balance of the user with the amount of the claim.

(5) In case the payment is made from the Travel Balance, the items credited earlier are used in chronological order, starting from the amount credited on the earliest date.

(6) Amounts credited to the Travel Balance are differentiated and administered according to their titles.

(7) Swiss Halley AG is entitled but not obliged to transfer the current balance of refunded amounts credited to the Travel Balance until September 30 of the given year against the cancelled or failed reservations, to the bank card from which the payment connected to the given refund was made, without prior notice, at the end of every calendar year (on the last banking business day, at the latest). In case the user meanwhile used their balance that was available on September 30 of the given year, in part or in full, only the difference is transferred. In case the user meanwhile used their balance that was available on September 30 of the given year, in part or in full, only the difference is transferred.

The refunded amounts are credited under their original titles (the ones they had prior to their use).

(8) In case the validity of the user’s travel product (voucher, Diamond voucher, Holiday Coupon, Best Price option) or portal usage right included in their travel package (Basic, Smart, Life, Business or Multi Holiday Coupon) expires, the refunded amounts, credited to their Travel Balance against the cancelled or failed reservations, are transferred in accordance with clause III.2.4. (7).

(9) In case the user has a payment created through commission accounting credited to their travel balance, while the validity of their entry fee or web office usage fee expired more than 90 days before, or while they have never owned any of those, he cannot claim it from the date starting on December 31, 2016 and Swiss Halley AG is entitled to use it as its own in the future.

III.2.5. TERM, TERMINATION

The registration takes place for an indefinite period and it terminates only in the following cases: the user deletes himself or the web office is deleted according to III.2, Article 1, or the Agreement is terminated with immediate effect, in case the user fails to terminate the breach following his notification, or following the notification, the user repeatedly performs the same or similar breach.

III.2.6. AVAILABILITY OF THE WEBSITE, SERVICES, DROPOUT, MAINTENANCE

(1) Swiss Halley AG maintains a continuously controlled server system to ensure the website of Swiss Halley AG. However, the non-stop availability may not be guaranteed due to technical reasons. Among others, reasons related to maintenance, security or capacity, furthermore the events outside the sphere of influence of Swiss Halley AG may result in the temporary unavailability of the service or in restricted access to the website or Swiss Halley AG. The access to the service also depends on the technical equipment and Internet data transmission speed of the user.

(2) Swiss Halley AG reserves the right to modify its website and enlarge it in case that is necessary to the perfection of the website and/or the technical development renders that possible/demands that. Swiss Halley AG undertakes that these modifications are performed according to the methods that may be expected by the user and taking the interests of the user into consideration.

(3) Regarding the capacity restriction, safety and integrity of the servers, furthermore, the evaluation of the technical measures, Swiss Halley AG reserves the right to temporarily restrict the services. Swiss Halley AG undertakes that such modifications are only performed according to the expectations of the user and taking into consideration the interests of the user.

(4) In the case of system error that is not a result of the direct or negligent behavior of the employees or performance assistance of Swiss Halley AG, the user is not entitled to terminate the Agreement or claim compensation.

(5) The user will receive notice in due time regarding the preventive maintenance works, furthermore, the operation breaks necessary for the technical modifications.

III.2.7. RESTRICTION OF LIABILITY

(1) Swiss Halley AG – except for fatal accidents, personal injuries and breach of contractual obligations – is only liable for damages that are a result of its direct or negligent behavior. This is also relevant to the indirect damages, and the loss of profits.

(2) The liability is restricted exclusively to damages that may be foreseen at conclusion of the Agreement, resulting from direct or negligent behavior, except fatal accident or personal injury and damages resulting from the breach of the Agreement, taking into consideration their size, it is restricted to typical average damages. This is also valid for indirect damages and the loss of profits.

(3) The restriction of the liability contained in clauses III.2.7. (1) and III.2.7. (2) is also valid for the employees and performance agents of Swiss Halley AG.

(4) The stored data content of the user are independent information for Swiss Halley AG according to the provisions of the valid telecommunication laws, therefore the law provides exemption regarding these contents from liability, Swiss Halley AG does not assume any liability regarding these contents.

(5) Practicing the present conditions, the following qualify as reasons of force majeure: external circumstances and events that are extraordinary, of exceptional character and cannot be seen in advance, unavoidable, not imputable to either of the parties, not calculable by them, not controllable, that arise after the conclusion of the contract, beyond the control of Swiss Halley AG and the circumstances of which cannot be avoided by Swiss Halley even if all due care has been exercised, according to the present state of technology and science. Force majeure events are, especially, unavoidable events arising from a reason beyond the interest of Swiss Halley AG, especially: natural disaster, fire, flood, lightning, wind storm, other serious natural disasters, act of authority, emergency, riot, civil war, war, country-level or other great-volume strike or similar work stoppage (except for the strike or work stoppage of the employees of Swiss Halley AG) (natural unfeasibility), furthermore, the long-term lack of technical conditions ensuring the access to the official website of Swiss Halley AG and the data base of Swiss Halley AG, outside the sphere of influence of Swiss Halley AG, ex-post change in the legislation, export or import ban, economic embargo, quarantine (legal unfeasibility). Swiss Halley AG is not liable for the breach of the Agreement (not performing its obligations, erroneous or late performance), in case that is a result of the force majeure as described above. During the period of the force majeure event, the term of the Agreement is suspended, in case the performance of the contractual obligations is not possible due to the force majeure event

(6) The official website of Swiss Halley AG may contain links to other websites. Swiss Halley AG does not assume liability for the linked advertisements, furthermore to the use, operation and content of the linked websites, the data protection systems linked to that, furthermore the products and services accessible through the websites.

(7) Swiss Halley AG does not assume liability for the websites linked to the website of Swiss Halley AG or linked to any part thereof. Furthermore, Swiss Halley AG does not assume liability for those websites that insert any part of the website of Swiss Halley AG.

(8) In case an incorrect price is displayed despite Swiss Halley AG and its service providing partners having taken all due care, with special regard to the price that is obviously incorrect or a remarkably low price that is displayed due to a system error, neither Swiss Halley AG nor its service providing partner is obliged to provide the purchase or the booking at the incorrect price, they can offer the purchase or the booking at the correct price or on the basis of an individual offer, being aware of this, the user can withdraw from their purchase.

III.2.8. INFORMATION RELEVANT TO THE RIGHT OF CANCELLATION, EXCLUDING THE RIGHT OF CANCELLATION

(1) Right of cancellation

In case, following the registration, the user purchases travel voucher, travel or Loyalty package, unit acquired through phasic purchase or Multi Holiday Coupon from Swiss Halley AG, then they are entitled to ask for a refund of 100% of the purchase price paid for these products, reduced by the bank card fee, in case the user sends Swiss Halley AG a written notification about it within 14 days after the purchase. In case the user asks for a 100% refund regarding their first unit acquired through phasic purchase and they do not have a completed stage yet, their Loyalty packages are also refunded automatically and their positions received along with the Loyalty package are also cancelled. In case a user with a Loyalty package asks for a 100% refund regarding their travel packages (Basic, Smart, Life packages) or due to any other reason, a 100% refund or chargeback is carried out concerning their travel packages, their Loyalty packages are also automatically refunded and their positions received with the Loyalty package are also withdrawn. (see also clause III.3.8. (11) b. 3-6. of General Terms and Conditions for Distributors.) The written notification can take place via post or via e-mail sent to the address info@fireflies.com. The user is entitled to request a refund of 50% of the purchase price paid for the above mentioned products (except for the units acquired through phasic purchase and stages completed through phasic purchase) reduced by the bank card fee later than 14 days but within 6 months after the date of the purchase in writing (via post or via e-mail sent to the address info@fireflies.com). The user accepts that in case he makes a reservation – either refundable or non-refundable – with the purchased travel voucher, Holiday Coupon or Best Price option within 6 months after the purchase, they automatically waive the right of cancellation regardless of whether they later cancel the reservation in question or not. The user also accepts that in case he makes a reservation – either refundable or non-refundable – within 6 months after the purchase of the Multi Holiday Coupon, in the section of the booking portal where reservations can be made using bank cards, he automatically waives his right of cancellation regardless of whether he later cancels the reservation in question or not. The user can claim the refund of the mentioned products' price under the above written conditions only in case the product has not been used either completely or in part. Concerning package products, making reservation on the booking portal and using the voucher,  Holiday Coupon or Best Price option in the package in any way, irrespective of the quantity of the products used, also qualify as using the product in part.

The refund can only be requested by the user or distributor who made the payment. Swiss Halley AG can only perform the refund exclusively to the bank card with which the payment was made when purchasing the product.

Furthermore, regarding room reservations, the purchase of flight tickets, transfers, spare time activities and other services sold by Swiss Halley AG, the cancellation conditions of the partners of Swiss Halley AG are valid.

The cancellation shall be sent to the address below:

By post, in a registered letter sent against a receipt:
Swiss Halley AG, Churerstraße 47, Pfäffikon, 8808, Switzerland

Via e-mail:
info@fireflies.com

(2) The consequences of cancellation

a)  In the case of a valid cancellation both Parties are obliged to hand over the received services and the possible gains to the other party. In case the services received or the gains (e.g. advantages due to the use) may not or just partly be handed over, or in a damaged condition, then the user is obliged to pay value addition to Swiss Halley AG. This may result, that the contractual payment obligations shall be performed for the period until cancellation. The refund of the paid amounts shall take place within 14 days. This deadline starts on the day when Swiss Halley AG takes over the cancellation declaration of the user.

b)  In case a valid cancellation is carried out, the product concerned by the cancellation is deleted from the user account, simultaneously, the user loses all of their rights in connection with the product. The status of the user and the type of the user account is modified according to the rights deleted along with the product, in accordance with clause I.3. of GBTC.

(3) Special information

The cancellation right of the user lapses before the deadline, in case the Agreement is performed fully by both Parties and the expressed request of the user was completely performed before the user exercised its right of cancellation.

III.2.9. ABUSE OR FRAUD PROCEEDINGS

(1) In case Swiss Halley AG’s partner responsible for bank card payments notifies Swiss Halley AG concerning a transaction that the transaction is under examination due to suspected abuse or fraud, Swiss Halley AG is entitled to immediately take the products purchased through the examined transaction back, and it is also entitled to immediately cancel the reservations made with the transaction, and to delete the reservation of the flight ticket.

After fraud suspicion arises, Swiss Halley AG contacts the user concerned for consultation purposes, following this, it considers the further steps of the procedure.

(2) In case the Diamond voucher or Holiday Coupon affected by the fraud has already been used and there are further valid vouchers or Holiday Coupons available for the concerned user, Swiss Halley AG is entitled to take the same number of vouchers or Holiday Coupons back as consideration.

(3) In case the products purchased through a transaction examined for suspected fraud have been transferred, Swiss Halley AG is entitled to immediately take the product back from its all-time owner. In case the product/products have already been used, Swiss Halley AG is entitled to cancel the reservations or delete the reservation of flight tickets.

(4) In case the abuse or fraud suspicion is confirmed, Swiss Halley AG is entitled to immediately exclude the user. In case the excluded user has available Travel Balance, commission balance, Swiss Halley AG is entitled to use these balances as compensation or mitigation for the damage caused to it.

(5) Swiss Halley AG is entitled to take the adequate legal steps and initiate the necessary proceedings at the competent authorities against the user concerned with suspected abuse or fraud.

III.3. General business conditions for the purchase, transfer and use of vouchers

III.3.1. SUBJECT

Observing the general business terms and conditions concerning the purchase, transfer and use of travel vouchers, and by observing the general user terms and conditions of the website of Swiss Halley AG, the user has an opportunity to partially pay for the offers, that can be booked with vouchers or Diamond vouchers offered on the website www.fireflies.com, with vouchers that were bought earlier from Swiss Halley AG or were transferred from another user or were received from a distributor of Swiss Halley AG. The following regulations are relevant for the purchase of the vouchers from Swiss Halley AG, their use for travel, furthermore, the transfer of the vouchers.

III.3.2. PURCHASE AND TRANSFER OF THE VOUCHER

(1) The introduction of the products and services by Swiss Halley AG – especially through the Internet – may not be considered as a binding offer of Swiss Halley AG.

(2) The handover of the voucher takes place with the confirmation sent by Swiss Halley AG via e-mail.

(3) Swiss Halley AG places the voucher in the web office of the user following the payment.

(4) Any user may transfer the travel voucher to any other user.

(5) Within 14 days calculated from the purchase of the voucher the voucher may not be transferred.

(6) Vouchers and Diamond vouchers can be transferred only in case the sender purchased the voucher within the system of Swiss Halley AG as an individual product or in a package. Transferred vouchers that were already owned by the given user on July 31, 2015 form an exception, these vouchers can be transferred one more time after the date July 31, 2015.

III.3.3. PAYMENT CONDITIONS

The purchase price of a product or service becomes immediately due at the purchase.

Payment method: by bank card or credit card.

III.3.4. CONDITIONS FOR USING THE VOUCHER

(1) Vouchers purchased after December 1, 2014 are named Diamond Vouchers, regardless of the fact whether they were purchased individually or within a package.

(2) The validity period of the travel voucher, furthermore the soonest/latest date when the travel voucher may be used, is listed among the information belonging to the concerned voucher.

(3) The travel voucher may not be converted into cash and may not be used to pay for other services (e.g. purchase of flight ticket), furthermore to pay the cancellation costs.

(4) All travel vouchers may be used only once. Unlimited number of travel vouchers may be used per reservation (except for Flash Sales offers where the number of usable vouchers is fixed), up to the quantity defined for the given offer.

(5) The travel voucher may only be used for the offers available on the website www.fireflies.com. Diamond vouchers may exclusively be used for the purchase of the accommodation offers found on the section of the booking portal where voucher offers are available. On the booking portal Fireflies.com, there are special offers available for Diamond Vouchers. Vouchers purchased before December 1, 2014 can be used to book offers that may be reserved with vouchers. The reservation made on the website Fireflies.com that is not paid for on the website Fireflies.com cannot be regarded as a Swiss Halley AG service, thus, vouchers cannot be used to pay for such reservations.

(6) The use of the travel voucher may be combined with other discounts and reductions, in case that was expressly indicated.

(7) The travel vouchers have to be at disposal at the time of the reservation, and it can only be used as payment directly when reserving the travel – online. A travel voucher that will be possessed by the user only later may not be used as settlement in case of earlier reservation.

(8) Reservations made with travel vouchers (vouchers), Holiday Coupons or bank card payment can be carried out only if at least 24 hours has passed since the purchase of the travel voucher (voucher), travel package or Multi Holiday Coupon entitling to make reservations. In case the user received the voucher via a transfer from another user, the recipient can use the voucher for reservation immediately after the transfer.

(9) The travel voucher may not be sold and may not be used on auctions, the travel voucher may especially not be sold through Internet auction websites (e.g. eBay). Furthermore, the travel voucher may not be multiplied or digitized.

(10) Using a travel voucher, reservation for a date exceeding the expiry date of the voucher is not possible, except when the reservation is non-refundable and is made within the validity period of the voucher. In case more than one voucher reservation is paid for at the same time, only those vouchers can be used that are valid until the latest cancellation deadline regarding the reservations settled simultaneously.

In case the number of available vouchers that can be used is not enough to pay for the accommodation or accommodations selected for voucher payment, the further vouchers needed for the reservation are placed into the cart automatically. The user is entitled to modify or cancel the reservation also in this case.

(11) The user may perform partial payment with the travel voucher with a so-called additional payment. In this case, the compensation of the reservation is carried out with the voucher and the additional payment together. Additional payment may be performed with payment by bank card or credit card. Swiss Halley AG reserves the right to maximize the value of the additional payment any time.

(12) While making a reservation with a travel voucher purchased before December 1, 2014, the user can make a so-called refund reservation* in addition to making a reservation where Holiday Coupons are used as additional payment. The validity of the Holiday Coupons received with this action is the same as the validity of the travel voucher that has been used. (*Refund reservation: in the case of reservations made with travel vouchers purchased before December 1, 2014, if the value of the offer in question does not reach the value of the vouchers that can be used for booking, the difference will be refunded to the user in the form of Holiday Coupons by the system of Fireflies. In this case, the number of the travel vouchers used is increased by one compared to the reservation made with additional Holiday Coupon payment, the difference is credited in the form of Holiday Coupons to the user’s web office.)

(13) Valid travel vouchers bought before December 1, 2014 can be converted into Holiday Coupons by the user. At conversion, 15 Holiday Coupons are created from the travel voucher. The expiry date of the Holiday Coupons created this way is equivalent to the expiry of the converted voucher but they expire 2 years after the moment of conversion, at the soonest. Thus, through the conversion, the user can extend the validity of the unused voucher originally purchased before December 1, 2014.

(14) Holiday Coupons cannot be converted into travel vouchers or Diamond vouchers even if they were converted from travel vouchers earlier.

(15) Swiss Halley AG notifies the user at least once, at least 30 days prior to the expiry date of the product (via the contact email address provided by the user) about the expiry date of the product, except for that case when the user does not consent to receive newsletters from Swiss Halley AG.

III.4. Conditions for using the Holiday Coupon

(1)By purchasing Multi Holiday Coupon or any travel package, the user of the booking portal becomes the owner of a fixed number of Holiday Coupons. The exact quantity is stated in the respective clause of the General Terms and Conditions for Distributors. After payment, Swiss Halley AG places the Holiday Coupons on the online account of the user.

The user has the possibility to partially pay for the hotel reservations – offered exclusively on www.fireflies.com – that can be made with Holiday Coupons, with Holiday Coupons – within their validity period – that were bought earlier from Swiss Halley AG or were transferred from another user or were received from a distributor of Swiss Halley AG.

The following rules apply when transferring or using the Holiday Coupon for travel.

(2) The validity period of the Holiday Coupon, furthermore the soonest/latest date when it may be used, is listed among the information belonging to the concerned Holiday Coupon.

(3) From June 19, 2015 the product called portal Usage Fee can be used until its validity deadline with unmodified conditions under the name Multi Holiday Coupon.

For every Portal Usage Fee and travel package purchased between July 22, 2014 and June 19, 2015, Swiss Halley AG subsequently credits the Holiday Coupons belonging to the given product on June 22, 2015, at the latest. The starting date of their validity is June 22, 2015, the validity period is one, two or five years depending on the purchased product, starting from November 19, 2016, it is a unified 5-year period, the starting date of which is June 22, 2015.

(4) The Holiday Coupons have to be at the user’s disposal at the time of the reservation, and it can only be used as payment directly when reserving the travel – online. The Holiday Coupon that is possessed by the user only at a later point in time, may not be used subsequently as payment for an earlier reservation that is already completed.

(5) The value of one Holiday Coupon is USD 23.6 while booking a Holiday Coupon package offer. In other cases, the value of one Holiday Coupon can vary between USD 13.0 and USD 23.6 depending on the selected destination, accommodation type, date and period, number and age of travelers.

(6) The Holiday Coupon can only be transferred if the sender purchased the Holiday Coupon in a package within the system of Swiss Halley AG. Transferred coupons that were already owned by the given user on July 31, 2015 form an exception, these coupons can be transferred one more time after the date July 31, 2015. Thus, Holiday Coupons can be transferred by any user to any other user, however, after July 31, 2015, one coupon can be transferred only once. Holiday Coupons cannot be transferred within 14 days after the purchase of Multi Holiday Coupon or travel package.

(7) Reservations made with Holiday Coupons can be carried out only if at least 24 hours has passed since the purchase of the Multi Holiday Coupons or travel package. In case the user received the Holiday Coupon via a transfer from another user, the recipient can use it for reservation immediately after the transfer.

(8) Holiday Coupons cannot be sold or used at auctions, it is especially not permitted to offer the Best Price option for sale on so-called internet auction portals (e.g. eBay). Multiplication and digitization of the Best Price option is also forbidden.

(9) Holiday Coupon cannot be exchanged to cash and cannot be used as a payment for other services (for instance, flight ticket purchase, transfer service purchase, spare-time activities, car rental, travel insurance) or for cancellation expenses.

(10) All travel Holiday Coupons may be used only once. Unlimited number of Holiday Coupons may be used per reservation (except for Flash Sales offers where the number of usable coupons is fixed), up to the quantity defined for the given offer.

(11) Accommodation reservation with a validity exceeding the expiry date of the Holiday Coupon can be made with the Holiday Coupon, in case the reservation is performed before the Holiday Coupon expires and the accommodation is non-refundable.

(12) The user may perform partial payment with the Holiday Coupon through a so-called additional payment. In this case, the payment for the reservation is carried out with the Holiday Coupon and the additional payment together. Additional payment may be performed with payment by bank card or credit card. Swiss Halley AG reserves the right to maximize the value of the additional payment any time.

(13) Through purchasing Holiday  Coupon package offers, the user is not automatically entitled to use the services included in the package. The reservation of the services included in the package offer can be regarded as confirmed exclusively following the receipt of the email - sent within two business days after the purchase - verifying the confirmation of the reservation or following a confirmation phone call. Confirmed reservations can be seen under the "Active reservations" menu of the user account.

(14) The user is entitled any time to convert one valid and unused Best Price option into one Holiday Coupon or one valid and unused Holiday Coupon into one Best Price option. The unused Best Price option or Holiday Coupon converted in the above manner can be re-converted or converted back any time within its validity period.

The validity deadline of the product converted in the above manner once or multiple times is always the same as the validity deadline of the original product, it can be found in the web office, among the data belonging to the given product

IV. Business terms and conditions for the reservation of the services

IV.1 General terms and conditions for the reservation of services

IV.1.1. THE SERVICES OF Swiss Halley AG

(1) Through its website, Swiss Halley AG offers opportunity for reserving and purchasing hotel rooms, transfer services, flight tickets, spare-time activities, car rental services and travel insurance. According to the user demands determined in the reservation request, Swiss Halley AG displays the best prices on its website (www.fireflies.com) from the offers from its partners and shows further price information.

(2) Only a contract of services for travel mediation is concluded between the user and Swiss Halley AG. The Agreement is concluded between the user and Swiss Halley AG, irrespective of the fact that there is a contract between the user and the service provider represented by Swiss Halley AG. Swiss Halley AG offers a contract of services so it does not conclude a travel contract. All rights and obligations deriving from the contract – at the same time maintaining the separate agreements concluded by the user and Swiss Halley AG – is between the user and the service provider, directly.

(3) In case the service provider represented by Swiss Halley AG breaches the contract (e.g. application of not allowed cancellation costs or not proper transfer hotel) Swiss Halley AG offers a service (7/24 online), that renders the fast administration possible, so that the user shall be able to enforce its claim towards the service provider represented by Swiss Halley AG.

(4) The user undertakes to instantly notify the colleagues working at the Customer Relations Department of Swiss Halley AG about the problems arising in the course of their journey, using the Hotline reserved for such purposes. In case the colleagues of Swiss Halley AG do not receive any feedback, via Hotline, about the problems occurring during the journey, Swiss Halley AG does not assume any responsibility for offering posterior solutions to enforce the claim against the mediated service provider.

(5) Exclusively those users are entitled to use the Hotline service of Swiss Halley AG who have already started their journeys or who have 48 hours left until traveling (having an active, valid reservation), and they have problems arising directly in connection with the travel or during its course. In every other case, the employee working at the Customer Relations Department of Swiss Halley AG, ends the conversation after providing information briefly, in order for the Hotline service to remain available to users who are actually entitled to use the Hotline service.

(6) The user is obliged to examine the offers, since the offers may contain special provisions, e.g. different provisions regarding the citizenship of the user.

(7) The services may be used, in case the user is also the customer of the services, reservations made by users who own a Life Package are exceptions. The reservation may not be transferred.

(8) During the travel the user is obliged to observe the effective rules (passport, identification document, visa, customs, currency, health and other regulations) regarding the travel. The user undertakes that his passport or personal ID card is valid, furthermore, the user is also obliged to provide the obligatory minimum daily currency supply necessary to the stay in the target country. Furthermore, the user undertakes, that until the start of the travel, he fulfills the prescribed health requirements. In case the user fails to comply with or breaches these obligations, he shall be obliged to compensate the claims and the potential extra costs. In case the user cannot participate in the travel due to the violation of the laws, Swiss Halley AG shall be entitled to claim the total participation fee from the user.

(9) In case the user needs a certification concerning the accommodation reservation (e.g. for requesting visa), they need to inform the Customer Relations about this claim. The certificate can only be issued if there is a valid accommodation reservation. Certificates can only be issued for the name(s) that were provided at the Fireflies web office during the accommodation reservation. The certificate is issued by the suppliers of Swiss Halley AG according to the information of the accommodation reservation, it is sent to the user by Swiss Halley AG. The certificate can be issued in 30 days so it is necessary to request the certificate at least 60 days before you start your travel, otherwise, Swiss Halley AG does not guarantee the success of issuing and delivering the certificate in time

(10) A reservation made on the website Fireflies.com that is not paid for on Fireflies.com cannot be regarded as a Swiss Halley AG service. The reservation made in this manner is governed by the terms and conditions of the given strategic partner, with special regard to payment, cancellation conditions and conditions of use. These reservations are finalized and paid for outside the system of Swiss Halley AG (Fireflies), thus, the management of questions and complaints concerning these reservations and transactions is beyond the competence of the Customer Relations of Fireflies. With regard to the reservations made this way, the customer service of the given strategic partner can provide more information, exclusively.

IV.1.2. THE OBLIGATIONS OF THE USER

(1) Since the data are forwarded to the wholesale partners being contractual partners of the hotels and the service providers referred by Swiss Halley AG, the user shall make sure that the necessary data are in accordance with reality, valid and complete.

(2) It is forbidden to resell the reserved services or transfer in any other way against a fee, or lease the hotel room. In case of such default the service provider is entitled to delete the order and Swiss Halley AG expressly reserves the right to forbid the user to use the website and to terminate the contract concluded with the user with immediate effect.

IV.1.3. PRICES

(1) Unless it is determined otherwise in the reservation conditions, the total price concerns the service in its complete form. On the webpage of Holiday Coupon offers, for information purposes, we display the price of the service package broken down to one person below the total price belonging to the offer. The basis of the sum visible here is provided by the price payable using the maximum amount of coupons. The offer is available only at the total price determined for the number of participants defined in it, the number of participants cannot be modified.

(2) Purchasers of Basic, Smart or Life Packages get a discount concerning the prices of accommodation reservations depending on their package, compared to the price of reservations made with Multi Holiday Coupon. This discount is 6.0% for Basic, 10.0% for Smart and 14.1% for Life Package. This discount does not apply to reservations made through our strategic partners (e.g. Booking.com), with Holiday Coupons, with travel vouchers and with Best Price options.

(3) The service providers referred by Swiss Halley AG are legally obliged to indicate the end-user prices containing all taxes. However, the prices provided exclusively come from the service provider referred by Swiss Halley AG, therefore Swiss Halley AG does not guarantee the accuracy and integrity of the prices provided.

(4) The prices may change even within hours due to market changes. Therefore, Swiss Halley AG reserves the right to update the prices indicated on the website according to market changes. Suppliers are entitled to cancel the settled services any time after the purchase.

(5) The confirmation received from Swiss Halley AG via e-mail entitles the user to use the prepaid services exactly as it is described in the reservation confirmation regarding the specific service. The user shall be obliged to bear all further personal costs. In case the user uses a service or optional programs contained in the offer of Swiss Halley AG, he shall be obliged to pay its fee directly to the service provider in the currency of the concerned country.

IV.1.4. PAYMENT CONDITIONS

(1) The payment conditions depend on the concerned reservation offer. Generally, it is possible to pay by bank card or credit card. The exact conditions in these cases may be viewed prior to the final reservation. In case it is possible to make the reservation by credit card, Swiss Halley AG immediately debits the credit card. In case of such reservations, the user consents to immediately debit his credit card with the indicated partial or total amount of the reservation, including the potential taxes, duties and fees.

(2) In case of unsuccessful payment Swiss Halley AG does not block the reservation fee on the bank account of the user, since in this case the reservation procedure is completed. In such a case, the user has to restart the service reservation. The potential blockings are never initiated by Swiss Halley AG.

IV.1.5. GENERAL LIABILITY

(1) The information published on the website of Swiss Halley AG are based on the information provided by the hotels and other service providers. The hotels and other service providers completed the data with utmost care. Swiss Halley AG does not assume liability for the possible errors, mistakes, furthermore, errors at data recording and data transfer, in case these mentioned errors are due to the hotels and other service providers.

(2) Swiss Halley AG does not assume any responsibility for refunding non-refundable reservations reserved by the user twice or multiple times.

(3) Among the accommodations mediated by Swiss Halley AG, also such accommodations are available that do not offer instant confirmation, these get into pending status after finalizing the reservation until the confirmation arrives from the supplier, this can take at most 2 business days in according to the working hours applied in the country of the hotel. In the case of these accommodations, Swiss Halley AG does not assume any responsibility for the success of confirmation and for the refund of double or multiple reservations that might occur.

IV.2. Additional conditions relevant to hotel services

IV.2.1. HOTEL SERVICE CONDITIONS

(1) The reservation of the user is at the same time an announcement of the demand to conclude the hotel service contract. Swiss Halley AG sends a confirmation via e-mail address provided during registration regarding the acceptance of the application for the conclusion of an Agreement, and in case this is submitted to a hotel, at the same time it accepts the demand for the conclusion of a hotel service contract as a performance agent.

(2) Swiss Halley AG is a company that’s main activity is to mediate individual travels. Accordingly, the user – in case he has Multi Holiday Coupon, voucher, Basic or Smart Travel Package – is entitled to make room reservation for himself plus 9 other persons, in case he has a Life Package or Best Price option, he is entitled to make room reservation for 10 persons in total, that is, the owner of the Life Package or the Best Price option does not have to be among the travelers.

IV.2.2. PRICES

(1) Unless it is provided otherwise in the reservation conditions, the total price is for the total accommodation period and, depending on the reservation conditions, it is either with or without meals.

(2) Law prescribes the hotels that they are obliged to indicate at all times the end-user prices containing all taxes. The touristic tax, furthermore, the additional services offered by the hotel (e.g. parking space against a fee) are regularly to be paid directly in the hotel. However, the prices provided exclusively derive from the hotel, therefore, Swiss Halley AG does not guarantee the correctness and integrity of the provided prices. It depends on the provisions valid on the location of the hotel what kind of taxes and other fees should be paid in the case of foreign hotels.

(3) The confirmation received from Swiss Halley AG via e-mail entitles the user to use the prepaid services in a way that it is described concerning the specific hotel, stay period and service type in the confirmation. Any further personal costs (e.g. phone bill, laundry, room service etc.) and the fees of optional programs are not included in the offer of Swiss Halley AG shall be paid by the user on location, in the currency of the concerned country, directly to the hotel at checkout. The notice regarding the reservation may be viewed on the website of Swiss Halley AG, following login, in the ’My reservations’ menu, however, the notice on the reservation does not entitle the user to check in to the hotel. It is only the reservation confirmation received via e-mail that can be used for check-in.

(4) The user shall be obliged to thoroughly examine the offers since the offer may contain special conditions, on one part in connection with the hotel reservation (e.g. certain hotels do not accept hotel guests from certain states or accepts them only if certain conditions are fulfilled).

IV.2.3. RESERVATION AND PAYMENT TERMS

(1) Besides the payment by bank card or credit card as mentioned in Article IV.1.4. exclusively in case of reservation through the voucher website, the user is also capable of using the travel voucher purchased earlier from Swiss Halley AG or received from another user or one of the distributors of Swiss Halley AG to partly or totally settle the amount to be paid. Travel vouchers purchased before December 1, 2014 and Holiday Coupons can be used to partially settle the payable amount.

(2) Certain hotels may charge further local and/or tourist tax, that has to be paid on site directly to the hotel. Swiss Halley AG does not assume responsibility for the charge of such fees, and does not possess exact information regarding their payment.

(3) Certain hotels may block certain costs on the bank account of the guest. At checkout when settling the invoice, this amount is freed. At checkout the user has to control, whether the amount is freed. In order to avoid this procedure, when checking in to the hotel, the user may also pay by cash. The amount is indicated on the website of the hotel, or the user may receive information otherwise as well.

(4) The owner of a pending-status reservation is not automatically entitled to use the service concerned by the reservation. The reservation of such services can be regarded as confirmed exclusively following the receipt of the email - sent within 2 business days after the purchase - verifying the confirmation of the reservation. Confirmed reservations can be seen under the "Active reservations" menu of the user account.

(5) Reservations can only be made in case at least 24 hours have passed since the purchase of the travel voucher, travel package or Multi Holiday Coupon entitling to make reservations.

IV.2.4. ARRIVAL

(1) In case the user reserved a hotel room only, when arriving at the hotel, the user has to arrange his arrival, since neither the hotel, nor Swiss Halley AG assumes any liability for the arrival of the user.

(2) The hotel keeps the reservation in general until 6:00 p.m. In case the guest does not arrive until 6:00 p.m., the hotel may cancel the reservation. From this time, the guest may not claim a hotel room. In case the arrival of the guest may only be anticipated following 6:00 p.m. local time, he has to notify the hotel directly and ask for a feedback from the receipt of the notification.

IV.2.5. HOTEL TYPES AND HOTEL INFORMATION

(1) The internationally used categorization by stars of the hotels provides a guideline without commitment regarding the level of the hotel. The categorization applied at Swiss Halley AG is based on the own opinion of the hotels and is not supervised by Swiss Halley AG. The categorization by stars may vary from state to state. All further hotel information and description is also based on the information provided by the hotel itself.

(2) There may be renovation or maintenance works in the hotel without any prior notification. Swiss Halley AG does not assume responsibility for the disturbance caused by the management or staff of the hotel during the stay.

IV.2.6. CANCELLATION AND MODIFICATION OF RESERVATIONS, HOTEL TERMS

(1) At reservation the user also accepts the terms regarding cancellation of the reservation. By confirming the reservation performed through Swiss Halley AG, the user accepts the cancellation provisions of the hotel and the further provisions of the hotel.

(2) In case of cancellation or modification of the reservation, the user may have to pay penalty or cancellation fee that in certain cases may be provided in the reservation offer. Besides, at certain reservation offers properly indicated, the cancellation or modification of the reservation is not possible.

(3) The user may receive information from the cancellation or modification conditions, whether the reservation may be canceled or modified without payment of further fee. The user may cancel the reservation following logging in his own Swiss Halley AG web office, in the section ’My reservations’ with a single click. The amounts paid are refunded by Swiss Halley AG, following the deduction of the transaction costs, to the bank account used at payment, in the case of payment by voucher or Holiday Coupon the used voucher or Holiday Coupon is given back to the user. The cancellation is confirmed via e-mail. The confirmation is necessary for both parties as evidence. The user may request modification in an e-mail sent to info@fireflies.com. The prolongation of the reservation may take place through the website that needs an additional reservation for the concerned period.

(4) Following the cancellation period is lapsed, the reservation may not be modified or cancelled, it means that the names and the arrival date may not be changed, and the hotel is obliged to keep the total reservation price.

(5) In case the user following his arrival intends to leave the hotel sooner, it is advisable to request the reception to confirm the checkout. Therefore it, becomes possible that Swiss Halley AG refunds the unused nights for the user, in case that is possible according to the cancellation and reservation conditions. At all times, it is necessary that the concerned hotel confirms the refunds and the hotel pays the refundable amounts to Swiss Halley AG. Swiss Halley AG transfers the amount of the canceled reservation reduced by the transaction costs to that bank card of the user with which the user originally paid the hotel reservation.

(6) Certain hotel offers may not contain cancellation or modification possibility at all, and at the cancellation deadline the notice ’not refundable’ is stated. In such cases, the hotels in general calculate a lower price compared to the refundable prices and the user may decide on which price and based on which cancellation terms he intends to make the reservation. In case the user is not completely sure whether the reservation may actually be used, he should choose the refundable hotel reservation.

(7) a. In case the supplier at the given accommodation cannot complete the reservation by its own fault (e.g. overbooking, maintenance, natural disaster), it is obliged to provide the user with an alternative accommodation with at least the same quality and boarding parameters, this cannot entail further costs – connected directly to the accommodation – for the user, in addition to the prices shown at the reservation.

b. The reservation conditions applying to the alternative accommodation provided in the above way shall be in conformity with the original conditions.

c. Swiss Halley AG shall not be held liable either regarding the user’s damages and loss in connection with the accommodation provided in accordance with (7)a. or with respect to other costs concerning the user, in connection with it.

d. The user acknowledges that in case they do not accept the alternative accommodation provided this way and Swiss Halley AG cancels it at the user’s expressed request, the vouchers, Diamond Vouchers, Holiday Coupons or Best Price options used for the reservation, which have expired in the meantime, will be lost, these cannot be extended or re-used.

IV.2.7. Travel Guide

(1) Swiss Halley AG offers digital travel guides (pdf files) along with the accommodation reservations made within the settlements concerning which the partner of Swiss Halley AG can provide them.

(2) In case a travel guide for the given settlement is available, it is always downloadable from the hotel information page in pdf format, furthermore, the email confirming the reservation also contains it.

(3) The travel guide is generated in the language the user uses on Fireflies.com, if possible. In case the travel guide is not available in this language, it is generated in English.

(4) The service is free of charge for users owning Multi Holiday Coupon, voucher or travel package, in other cases only the first two pages of the travel guide can be downloaded.

(5) The content of the travel guide is for informative purposes only, Swiss Halley AG assumes no responsibility for these pieces of information.

IV.2.8 Best price guarantee

(1) Scope of best price guarantee

Every user registered at the website www.fireflies.com, owning a valid Basic, Smart, Life or Business travel package or Loyalty Standard, Loyalty Plus or Loyalty Pro package is entitled to best price guarantee according to the conditions defined below.

In case a user, entitled to use best price guarantee, books an accommodation on the website www.fireflies.com, later, finds another offer on a different website (hereinafter: reference offer) that is the same in all respects as the booked offer, and its price is lower than the most favorable price of the very same offer available on the website www.fireflies.com following the purchase of Life package and using Best Price option in the owner's own name (hereinafter: own price), the user booking the offer is entitled to receive a refund of 155 % of the difference between our own price and the reference price (but the maximum of USD 500), if the conditions below are satisfied.

(2) Conditions concerning the service booked on the website www.fireflies.com

Best price guarantee concerns every accommodation reservation started from the accommodation search panel found on the main page of www.fireflies.com, if bank card only, Travel Balance or bank card along with Travel Balance is selected as the payment method, the price of which is paid at the moment of reservation, and in the case of which, the reservation is confirmed within 30 minutes following the payment, in case the price of the offer under reservation is the lowest among the identical offers (e.g. same room type, board) available on the website www.fireflies.com. In case the user does not book the lowest price, the voucher and the invoice about the reservation will contain a text stating that best price guarantee is not applicable to the given reservation.

Best price guarantee claim concerning the same reservation can be submitted only once. After the modification of the reservation already concerned by a best price guarantee claim, any another claim submitted for the same reservation is invalid.

(3) Conditions concerning the reference offer

a. The website providing the offer is available in at least one of the following languages: English, Russian, Ukrainian, Hungarian, Romanian, Slovakian, Czech.

b. The offer is available on the indicated website until the evaluation deadline.

c. The offer is available online to every natural person.

d. The offer can be purchased through solely online booking.

e. The reservation of the offer is entirely carried out on the website. No use of intermediate hyperlinks (received via email) is needed during the reservation process.

f. The hotel in the offer can be identified from the beginning of the reservation.

g. The service provider offering the price can be identified from the beginning of the reservation process.

h. The reference offer is available at the reference price to customers with the citizenship and address of the claimant user.

Best price guarantee does not apply to reference offers that are:

- accessible through membership or under any other conditions limiting accessibility;

- available within the framework of a loyalty program or point collection program;

- available on so-called coupon or auction sites;

- the hotel’s special promotional offers;

- parts of another package or offer;

- available at an individual discount price;

- obviously presenting the price of the offer incorrectly.

(4) Claim submission conditions

The claim concerning the payment of best price guarantee can exclusively be submitted by the owner of the web office carrying out the reservation until 11:59 pm Central European Time (CET/CEST) on the day of reservation, in writing, exclusively in a message sent to the email address info@fireflies.com, in case there are a minimum of 3 business days left until the booked service is used (until the check-in to the hotel).

The message has to contain:

a. Username.

b. ID of the reservation carried out on the website www.fireflies.com.

c. Time when the reference offer was accessed.

d. URL of the website containing the reference offer.

e. Price of reference offer (to the second decimal place).

f. Screenshot containing the data defined in “d” and “e”, unambiguously and recognizably.

g. The phrase “Best price guarantee” in the subject field.

(5) Price definition

a. Own price: the price of the service concerned by the reservation, available on the website www.fireflies.com, using the Best Price option with their own name after the purchase of Life Package, without transaction costs. In case the concerned offer with the same conditions is available at various prices on the website www.fireflies.com, the lowest price available is regarded as our own price.

b. Reference price: the price of the reference offer included in the submitted claim, in accordance with the conditions in USD. The reference price is the price of the reference offer communicated by the user. Except for the case when the price indicated by the user is lower than the price available at the moment of evaluation on the webpage provided by the user. In the latter case, the price of the reference offer available at the moment of evaluation is considered to be the reference price.

c. The currency of comparison: American dollar (USD).

In case the price of the reference offer is indicated in euros (EUR), British pounds (GBP) or Japanese yens (JPY), it shall be converted to American dollars according to the average exchange rate of the Swiss National Bank (https://www.snb.ch/en/) valid on the day of reservation, following it, this amount will be the reference price. Reference offer defined in a currency different from the above mentioned ones does not form the basis of best price guarantee.

(6) Evaluation process

After the request is submitted in accordance with the conditions, Swiss Halley AG examines the received claim within 3 business days. When defining the 3-business day period, the business hours of the website providing the reference offer, as well as the opening hours of the customer relations department speaking the language of the best price guarantee’s submission, has to be taken into consideration.

In case the reservation forming the basis of the submitted claim and the reference service are in accordance with the defined conditions in all respects, the user submitting the claim becomes entitled to the amount of the guarantee. Otherwise, their request is rejected. Swiss Halley AG notifies the user about the outcome of the evaluation via email within 30 days after the request is submitted.

The user can challenge the outcome of the evaluation within 30 days after the notification is sent, but until the 10th day before the service is used (check-in to the hotel), at the latest.

(7) Evaluation conditions

a. Paid and confirmed reservation has been carried out on the website www.fireflies.com, this reservation is active at the moment of evaluation and there are at least 3 entire business days left until the check-in date.

b. The name and address of the hotel concerned by the reservation are the same as the name and address of the hotel included in the reference offer.

c. The type and other characteristics of the room concerned by the reservation are the same as the type and other characteristics of the room in the reference offer.

d. The board included in the offer concerned by the reservation is the same as the board in the reference offer.

e. The number of guests (adults and children) in the booked offer is the same as in the reference offer.

f. The check-in and check-out dates in the booked offer are the same as the dates in the reference offer.

g. The booking conditions in the booked offer and those in the reference offer are the same (payment of the full amount in advance, payment method and deadline, cancellation policy).

h. The difference between the price of the booked offer and that of the reference offer is at least USD 25.

(8) Payment of best price guarantee

The amount of the guarantee is paid only if the service concerned by the guarantee is used after the date of reservation without modification carried out by the user. Once the above conditions are met, Swiss Halley AG transfers the pre-defined amount of the guarantee to the Travel Balance of the claiming user within 30 business days after the end of the service forming the basis of the guarantee, i.e. after checking out from the accommodation.

(9) Loss of right concerning best price guarantee

Best price guarantee – regardless of the evaluation results – becomes invalid in case the user cancels, modifies or does not use the reservation providing the basis of the guarantee.

IV.2.9 Additional conditions concerning individual and manual reservations

(1) The Department of Tourism of Swiss Halley AG takes care about the management of the individually assembled Holiday Coupon offers and the offers booked manually by the employees of Swiss Halley AG (Fireflies). Special rules apply to these offers, accordingly, the lead time of the reservation process can also vary.

(2) The submission deadline of the request concerning the composition of individual offers is the minimum of 4 business days preceding the start of the planned journey.

(3) Swiss Halley AG does not guarantee the finalization of the reservation even if the offer accepted by the user has been successfully paid.

Based on the individually assembled Holiday Coupon offer and, in the case of manual reservation, on the form completed by the user, the employees of Swiss Halley AG create an individual offer for the user, and notify the user about it via email or phone. The offer accepted and successfully paid by the user cannot be regarded as a final reservation on Swiss Halley AG's behalf since the reservation can be finalized in line with the current supplier prices, exclusively.

(4) Based on the difference between the offer price accepted and paid by the user (hereinafter "Offered price") and the price laid down at the actual reservation of the offer at the supplier by Swiss Halley AG (hereinafter "Reservation price"), only one the following three cases can be realized:

  1. In case the Offered price equals the Reservation price, the reservation is finalized.
  2. In case the Offered price is higher than the Reservation price, the reservation is finalized, at the same time, the difference is transferred to the user.
  3. In case the Offered price is lower than the Reservation price, the reservation is not finalized, a new offer is made and a new Offered price is set, the previous offer along with the Offered price is deleted.

Based on the aforementioned, the reservation is not finalized exclusively in case the Offered price is lower than the Reservation price.

(5) The user can withdraw from the new offer or accept it. In case they accept the offer, the user is obliged to pay the difference between the new and the earlier Offered price. Following the acceptance of the new offer and the payment of the difference, Swiss Halley AG completes the reservation on the basis of the new offer. Based on the relation of the new Offered price and the newly set Reservation price, the process defined in clause (4) is realized.

(6) Individually assembled and finalized Holiday Coupon offers and finalized manual reservations cannot be cancelled or modified.

(7) In the case of Holiday Coupon package offers assembled individually, the amount of the discount as well as the coupon value can vary.

IV.2.10. Complementary conditions applicable to Flash Sales offers

(1) Flash Sales offers are special accommodation offers assembled in advance, accessible under a separate menu of the website Fireflies.com. These offers can be booked by users who have valid Holiday Coupons or Diamond Vouchers.

(2) No parameter of the Flash Sales offers can be altered, that is, among others, neither the accommodation (name, address), room type, board type, check-in and check-out dates, nor the number of adults and children included in the offer can be modified. Furthermore, a Flash Sales offer can exclusively be booked using the defined amount of valid Holiday Coupons or Diamond Vouchers, while additional payments can be made with a bank card or using the Travel Balance, if necessary.

(3) Flash Sales offers are non-refundable.

IV.2.11. Conditions applying to Swiss Halley AG's prize trips

The participation and travel conditions applying to those participating in the prize trip of the Travel Contest and Direct Travel contest defined in clauses III.3.5 and III.3.6 of General Terms and Conditions for Distributors are included in appendix 5 of General Business Terms and Conditions (Prize Trip Participation and Travel Conditions).

IV.3. Additional terms relevant to transfer services

IV.3.1. RESERVATION TERMS

(1) Swiss Halley AG website exclusively offers transfer service between the airport, sometimes railway station and the reserved hotel, in both directions.

It is not possible to find a transfer service other than between the airport, sometimes railway station and the reserved hotel.

(2) To be able to search, the exact name of the airport or the railway station and the hotel has to be provided, furthermore, the exact date of the flight, the exact number, number of adults and children separately, the age of the children and the flight number. (In case of delay the flight number may assist the transfer company to find the flight.)

(3) During the road back home the exact time of start has to be given, since the transfer company itself calculates when the passenger has to be picked up at the hotel in order to be at the airport in time.

(4) Following the reservation and payment, the buyer receives a confirmation via e-mail that contains all the data and information regarding the trip in both directions. (Way to the hotel: exact location where the buyer is picked up at the airport, sign easily identifiable by the buyer. Way from the hotel: how the buyer is informed regarding the exact time and location of the transfer.)

(5) In case, regarding the trip back, the confirmation sent to the buyer contains that the buyer has to inform the transfer company via phone 24 hours in advance, then, the transfer company considers that as final confirmation of the reservation.

(6) In case no transfer arrives to pick the passenger up at the desired location, the buyer may ask information and assistance on the client service phone number indicated on the confirmation voucher of the transfer company.

IV.4. Optional programs

The optional excursions offered on the website of Swiss Halley AG are organized by a local partner at all times. The registration and fee payment for these optional programs takes place through the www.fireflies.com website at all times. The contractual relationship relevant to the optional programs is concluded between the tourist and the local partner. It may be possible that lacking the necessary minimum number of people, the program/excursion is canceled. The local partner organizing the optional program is not a partner of Swiss Halley AG and Swiss Halley AG has no influence regarding the organization and details of the programs.

With regard to this, the colleagues working at the Customer Relations receiving calls on the hotline of Swiss Halley AG, cannot proceed in the interest of the customer in case problems in connection with the details, management or cancellation of the programs arise. In these cases it is recommended for the customer to contact the organizers of the program directly. Concerning the cancellation of the programs, the cancellation policies of Swiss Halley partners apply, thus, customers can ask for more information directly from the program organizers, concerning cancellation, as well.

IV.5. Flight ticket reservation

The concerned airline and the tourist conclude a shipping contract by the flight ticket reservation through the website operated by Swiss Halley AG, and the payment of the relevant fees. This contract is represented by Swiss Halley AG as agent. Swiss Halley AG collects the price, duties and fees payable to the airline.

IV.5.1. RESERVATION

The website indicates the flights, prices, duties and fees indicated in the database of the international reservation systems (GDS) and the airlines.

Swiss Halley AG can charge a service fee for the tickets reserved individually by the user through the reservation system. When preparing the flight ticket reservation the system generates a confirmation that is sent to the e-mail address provided by the user.

Please be aware that the discount airlines may charge, besides the price of the flight ticket and the airport duty, further bank card transaction fee and in certain cases, other fees as well, that may be indicated in a later phase of the reservation.

In case of payment by credit card the airlines may also debit the charges in different currencies. We do not assume liability for the currency differences.

 IV.5.2. PASSENGER DATA

The passengers are responsible for providing their data. Swiss Halley AG does not assume liability for the data provided improperly.

Age discounts

Baby discount: for those passengers, who are under 2 during their trip and travel with at least one adult and no separate seat is reserved for them.

Child discount: for those passengers, who are under 12 during their trip, and travel with at least one adult. Those passengers who are under 18 at the start of the journey can only travel with at least one adult.

The data of the travelers has to be provided according to the valid document (passport or ID) used for the travel. The airlines may deny the transport, in case the document used for identification and the flight ticket contain different data.

The data of the contact person: the reservation system renders it possible for the passenger to indicate a contact person. Swiss Halley AG forwards all notification to the contact person and primarily to the e-mail address provided in the reservation system. Swiss Halley AG assumes no liability for the transmission of this information to the passengers.

IV.5.3. TRAVEL DOCUMENTS

The passengers are liable to ensure the documents necessary for the travel. Swiss Halley AG assumes no liability in case the trip fails due to the lack of the necessary document or visa, and Swiss Halley AG does not check the existence of these documents.

In general, international regulations require the validity of the documents (passport, ID) for further 6 month calculated from the date of arrival in the home country.

The confirmation on the flight ticket reservation does not entitle to travel. The feedback indicates how the passenger receives the electronic flight ticket necessary for the trip.

Modification and refund of reservations and flight tickets:

The reservations and the already issued flight tickets may exclusively be modified or refunded according to the provisions of the airlines. The route and the name of the passengers may not be modified in the reservations. The reservation system provides information regarding the most important conditions.

The modification, refund of the flight ticket is a separate service, and above the airline charges Swiss Halley AG charges USD 20/ticket as modification fee, further USD 70/ticket as cancellation fee.

IV.5.4. FEES OF ADDITIONAL SERVICES

In case the passenger has a return ticket and does not use part of the ticket (’no-show’), then, the airline automatically deletes the reservation belonging to the ticket from the system and denies the transfer of the passengers at further sections. In this case the passenger may not claim compensation.

IV.5.5. RESTRICTIONS OF LIABILITY APPLICABLE IN INTERNATIONAL TRANSPORT

We would like to inform the passengers whose destination or a landing ground during the trip is outside the area of the departure country that the whole travel, including that section that is within the territory of the departure or destination country belong under the scope of the so-called Warsaw Convention.

We would like to inform the passengers that in case they travel to the United States of America or travel home from there, or if they may abort their trip in the area of the United States of America, then the Convention, furthermore the special transport contracts forming part of the applicable charges determine, that the transportation companies – participating in such special contracts – are liable in case of death or injury of the passenger up to the amount of the proven damage, but at most USD 75,000 per passenger and this liability up to this limit is irrespective of the fact whether the company was negligent. If the passengers are transported by companies, who are not participants in special transport agreements or the passengers are not traveling to the United States of America or back home from there and according to the agreement they don’t stop the trip in the area of the United States of America, the limit of the liability of the company is approximately USD 10,000 or 20,000 in case of death or personal injury.

The limitation of liability in the above USD 75,000 contains the court procedure fees and lawsuit costs, except when the action was filed in a country that provides that the court procedure fee and the duty shall be paid separately. In this case the limit is USD 58,000, which does not contain the court procedure fee and the duty.

IV.5.6. RESTRICTIONS OF LIABILITY REGARDING LUGGAGE

In case of loss, late delivery or damage of the luggage the liability of the company is limited to the below amount, unless a higher amount is declared and extra charge is paid: in international traffic (including inland sections of international trips, as well) the liability of the company is limited approximately to USD 20 per kg of the dispatched luggage and USD 400 per person for the carry-on luggage. According to the American provisions, for trips completely within the area of the USA this is at least USD 1,250 per person. An exact value may be determined for certain items. Certain companies do not assume liability for fragile, spoilable or valuable transport. The airlines may provide further information.

Important notice:

In case you stop your trip anywhere for more than 72 hours, we suggest to affirm your intention regarding seat reservation for the further or return trip. At least 72 hours before your flight, you should visit the airline office where you intend to continue your trip. In case you fail to confirm, your seat reservation may be deleted.

In case you stop your trip anywhere for more than 48 hours, we suggest to affirm your intention regarding seat reservation a priori reserved at least 48 hours before your flight.

Overbooking

Overbooking may occur in case of certain flights and off-chance it may happen that the passenger misses the flight that was reserved by him. The concerned airline provides information on the regulation of compensation.

The following objects may be transported without payment of fee:

– a female bag or wallet

– an overcoat or blanket

– baby bag, or foldable baby carriage

– meal for the baby that is needed during the trip

– reading

– small camera

– umbrella or cane

– a wheel-chair and/or a pair of crutches.

Besides the above articles one hand luggage per person that may not be bigger than 115 cm (length + width + height).

The responsibility of the company does not contain the loss, injury or late delivery of cash, keys, jewelry, silverware, securities or other valuable business documents, passport and other personal identification documents or samples, medication, transported in the luggage of the passenger.

The following articles may not be transported on board:

– Hazardous materials and objects that may not be transported in the luggage.

– Object prepared for attack or protection reasons, as firearms and peaky, sharp or edgeless weapons, among others batons, axes, heavy or peaky canes,

– Replica of the above objects

– Every object that is made for average use that may also be used as protection or attack weapon, e.g. ice axe, khud-sticks, corn-knife, sharp scissors, knives, pocket-knives, instruments, pressurized bottles/containers and every object that may cause suspicion.

– Electronic instruments that disturb navigation or the electronic system of the airplane, such as portable FM radio and TV equipment, mobile phones, walkie-talkie, portable radio-guided devices that operate with batteries or other outside source, except portable measuring instruments, hearing aids, electric razor, calculator and other electronic device that is approved by the staff in advance.

Hazardous products in the luggage

Due to security reasons, the ’hazardous products’ may not be transported either as dispatched or in the carry-on luggage:

a) such attaché case or safety briefcase, that has a built-in alarm system, lithium battery and/or pyrotechnic material,

b) explosives, cartridges, crackers, rockets;

c) gases (flammables, non flammables, deep frozen or poisonous) e.g. gas or aerosol used for camping heater,

d) flammable liquids, like lighter, paints and paint thinners,

e) flammable solid material, e.g. matches, other easily flammable material, self-flammable material, material developing flammable gas in water,

f) oxidizers (e.g. bleachers and peroxides);

g) poisonous and infectious materials;

h) radioactive material;

i) corrosive material (e.g. quicksilver, acids, galvanic cells, accumulators);

j) magnetic material and other hazardous devices, goods that are listed in the IATA Dangerous Goods Regulations.

The following articles may be transported – in restricted quantity – as exception:

a) necessary or useful medication and perfumes, at most 23 kg per passenger,

b) dry-ice used for packaging perishable material, only in carry-on luggage, at most 2 kg per passenger,

c) alcoholic drink, perfume, cologne;

d) small, therapeutic oxygen or air bottle, with the prior consent of the company,

e) carbon dioxide patrons necessary for the operation of artificial limbs (in case necessary, extra as well),

f) sport ammunition safely packed, with the prior approval of the company (maximum gross 5 kg per passenger), only in the check-in luggage. It is forbidden to transport ammunition containing igniter or explosive bullet,

g) smoking device, only in case it is with the passenger. No lighter refiller may be carried,

h) pacemaker operating inside the body.

Most of the articles that are forbidden to be transported in the personal luggage may be dispatched as a consignment with certain conditions.

REJECTION OF TRAVEL DUE TO OVERBOOKING

In those countries that apply compensation procedures in case of overbooking, the company compensates those passengers who have valid booking but who are rejected to start their travel due to overbooking.

The details of these procedures may be found in the offices of the airlines.

In order to better exploit of the flights the companies overbook their flights, so that the seat of no-show passengers may be offered to passengers who otherwise would not be able to travel. However, the companies do their best to provide seat to those having reservation on the concerned flight, it may occur that this is not guaranteed at all times.

NOTICE: In case the destination or a stop during the travel is outside the departure country, then the transport may belong under the scope of the Warsaw Convention that limits the liability of the company in case of death or personal injury or lost or damaged of luggage. See information on ‘Restrictions of liability applicable in international transport’ and ‘Restrictions of liability regarding luggage’.

IV.5.7. FURTHER PROVISIONS

User accepts that, concerning flight ticket reservation, in case the user cancels the reserved service, the management time of the refund that might apply for the cancellation can be as much as one year. Swiss Halley AG does not assume responsibility for the damages resulting from the failure of the user in the course of cancellation or modification, such responsibility is assumed by the user, exclusively. The passenger declares, that he understood and accepted the regulations indicated by the airline and he purchases the flight ticket approvingly.

IV.6. CAR RENTAL

(1) The rental of motor vehicles offered on the website www.fireflies.com is managed by the partner companies providing car rental services, considering this, the user acknowledges that the management and details of car rental are beyond the control of Swiss Halley AG. The user can find information about the conditions and details of the actual car rental offer on the car rental offer page displayed from the search engine, the user is obliged to examine this offer carefully. The vehicle’s pick-up and drop-off location can exclusively be those locations that are predefined in the search engine of www.fireflies.com.

(2) The car rental fee is paid on the website www.fireflies.com. Concerning the car rental service, the contract is concluded between the user using the car rental service and the partner providing the car rental service.

In addition to the rental fee, the partner of Swiss Halley AG may require the user to pay a security deposit. Its amount can differ according to the service provider. The partner providing the car rental service may ask for the availability of a bank card of a given type issued under the name of the driver before the car is handed over.

(3) The colleagues at the Customer Relations Department receiving calls on the hotline of Swiss Halley AG, cannot proceed in the interest of the user using the car rental service in case problems in connection with the details, management or occurrent failure of the car rental service arise. In such cases, the user using the car rental service has to contact the car rental company directly. In case any problem arises in the course of using the car rental service, the user using the car rental service can ask for information and assistance on the customer service phone number included in the voucher confirming the car rental, indicated at the pick-up and drop-off locations.

(4) In case the car rental service is cancelled or modified, the cancellation policy of Swiss Halley AG’s partners shall apply. Cancellation and modification conditions can be different for each service provider.

(5) Other conditions provided by our car rental partners – age restrictions – can be read by our users while using the service.

IV.7. TRAVEL INSURANCE

(1) Travel insurance option is available exclusively to those users for whom travel insurance purchase is made possible by their registered citizenship. Appendix 1 of General Business Terms and Conditions contains the list of the countries for the citizens of which travel insurance service is available.

(2) With the reservation of our strategic partner’s hotel offers, no travel insurance can be purchased. Travel insurance can be purchased as an individual product following November 19, 2016.

(3) The insurance fee is paid on the website www.fireflies.com. The contractual relationship concerning the travel insurance is created between the traveler and the insurance provider.

(4) The partner providing travel insurance is not a collaborator of Swiss Halley AG, considering this, the user acknowledges that the management and details of travel insurance are beyond the control of Swiss Halley AG. Accordingly, the colleagues working at the Customer Relations department receiving calls on the hotline of Swiss Halley AG, cannot proceed in the interest of the user in case problems in connection with the details, management or occurent failure of the travel insurance service arise. The user acknowledges that in these cases, the user is obliged to contact the travel insurance provider partner directly.

(5) In case the travel insurance is cancelled, the cancellation policy of Swiss Halley AG’s partners shall apply; thus, also in connection with cancellation, users can ask for more information from the travel insurance partner directly.

(6) Other conditions provided by our travel insurance partner can be read by our users while using the service.

V. RIGHT OF UNILATERAL MODIFICATION CONCERNING GBTC

V.1.1. With regard to the character of the services provided, Swiss Halley AG can only undertake to provide the services if it reserves the right for unilateral modification of the present GBTC.

V.1.2. It is only entitled to unilateral modification in case it notifies the user in advance, at least 14 days before the modification becomes effective, in writing (via the contact email address provided by the user).

V.1.3. The notification about the unilateral modification should contain the following:

- accurate reference to the modified provisions of the GBTC 
- short description of the essence of modifications 
- the date when modifications will become effective 
- the place of the published GBTC

V.1.4. Swiss Halley AG is not obliged to notify the user 14 days in advance about modifications of the contract that are necessary because of the introduction of new services and that do not affect the terms and conditions concerning the services already provided.

V.1.5. The modification of the GBTC is regarded to be announced on the date when the electronic notification is delivered to the user. In questionable cases, in case the delivery cannot be certified, the modification shall be regarded to be announced on the date when the notification about the modification of the GBTC is sent to the last known email address provided by the user on the user interface of the service.

V.1.6. In case the user disagrees with the GBTC modification, he has the right to communicate his disagreement to Swiss Halley AG in writing, within 14 days from the announcement date of the GBTC modification, at the latest. By missing the deadline, the modifications of the GBTC are regarded as accepted.

VI. MISCELLANEOUS PROVISIONS

The information and data available on the website of Swiss Halley AG have been compiled with the utmost care. However, Swiss Halley AG does not assume liability for the possible errors, mistakes, furthermore, errors at data recording and data transfer, at the same time, these possible errors, mistakes, furthermore, errors at data recording and data transfer do not make the affected passage or clause ineffective.

In case any part of the provisions contained by the present terms and conditions is invalid or becomes invalid, this will not affect the entirety of the conditions. The invalid part is replaced by a new agreement made by the Parties or by a legal provision which is the closest to it regarding its content.

The user is entitled to object against the content appearing in the information bar or pop-up window at the top of the Fireflies.com website or contents forwarded via email in 14 days. If the user does not seize this opportunity, they accept the content appearing in the information bar, the pop-up windows and the contents forwarded via email and all the advantages and possible disadvantages regarding these contents without any conditions, and waives any further claims.

The present document is exclusively available in English in case Fireflies.com is used in the following languages: Croatian, French, Italian, Polish, Portuguese, Serbian, Turkish. When using the website Fireflies.com in Czech, the present document is available in Slovakian, exclusively. Swiss Halley AG assumes no responsibility for the damages and misunderstandings that might occur due to the above mentioned.

In case parties do not succeed to settle the occurrent disputes arising between Swiss Halley AG and the user through non-judicial channels, the language of legal communication will be English.

The governing law shall be the law of the Swiss Confederation, excluding the United Nations Convention on Contracts for International Sales of Goods. In case of possible legal dispute, the governing language of this document shall be German.

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The seat of Fireflies is situated in Pfäffikon, Switzerland, the company cooperates with international supporters from every part of the world: Amsterdam - Antalya - Athens - Auckland - Baku - Bangkok - Barcelona - Beijing - Berlin - Bogotá - Bolzano - Bordeaux - Boston - Brussels - Bucharest - Budapest - Buenos Aires - Cairo - Calgary - Cambridge - Cape Town - Casablanca - Chengdu - Chicago - Colombo - Copenhagen - Denver - Dubai - Dublin - Dusseldorf - Edinburgh - Faro - Fukuoka - Grand Rapids - Guangzhou - Haikou - Helsinki - Heraklion - Ho Chi Minh City - Hong Kong - Honolulu - Houston - Innsbruck - Istanbul - Jakarta - Jeddah - Kiev - Krakow - Kuala Lumpur - Kuta (Bali) - Las Palmas de Gran Canaria - Las Vegas - Lille - Lima - Lisbon - London - Los Angeles - Lyon - Madrid - Málaga - Manchester - Manila - Mexico City - Miami - Milan - Montréal - Moscow - Mumbai - Munich - Natal - New Delhi - New York - Nice - Norwalk - Orlando - Osaka - Oslo - Paris - Phuket - Prague - Rennes - Riga - Rio de Janeiro - Rome - Saint Petersburg - San Francisco - Santiago - Santo Domingo - Sao Paulo - Sapporo - Seattle - Seoul - Shanghai - Siem Reap - Singapore - Sochi - Sofia - Stockholm - Sydney - Taipei - Tallinn - Tbilisi - Tel Aviv - Thessaloníki - Tokyo - Toronto - Vancouver - Venice - Vienna - Warsaw - Zagreb - Zürich

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