(“us”, “we” or “our” as the context requires) is a global business providing instant online flight search services to users throughout the world via our websites (the “themonkeytravel.com Platforms”).
The themonkeytravel.com Services and themonkeytravel.com Platforms (www.themonkeytravel.com) are provided by themonkeytravel.com.
These terms and conditions (“Terms”) govern your access to and use of the themonkeytravel.com Services and/or themonkeytravel.com Platforms and, together with our privacy policy, cookie policy.
We may amend these Terms at any time at our discretion. If these Terms are amended, we shall display the revised terms and conditions on or via the themonkeytravel.com Services and/or themonkeytravel.com Platforms and you will be deemed to have accepted any amendments if you continue using the themonkeytravel.com Services and/or themonkeytravel.com Platforms after the amendments are displayed.
If you do not accept all of these Terms, then you should not use the themonkeytravel.com Services or themonkeytravel.com Platforms.
You may only use the themonkeytravel.com Services and themonkeytravel.com Platforms in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to abide by these terms, we grant you a non-transferable, non-exclusive license to download, access and use the themonkeytravel.com Services and/or themonkeytravel.com Platforms for your own personal, non-commercial purposes and for no other purpose. In particular, we grant such license to you subject to you agreeing that you shall not:
a) use the themonkeytravel.com Services and/or themonkeytravel.com Platforms for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with themonkeytravel.com; or (v) you do not otherwise have any rights or the permissions you need to make available;
b) use the themonkeytravel.com Services and/or themonkeytravel.com Platforms for any commercial purpose or in any manner which may cause damage to themonkeytravel.com or bring themonkeytravel.com into disrepute;
c) disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via the themonkeytravel.com Services and/or themonkeytravel.com Platforms, except as permitted by law;
d) copy, distribute, communicate to the public, sell, rent, lend or otherwise use the themonkeytravel.com Services and/or themonkeytravel.com Platforms, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the themonkeytravel.com Services and/or themonkeytravel.com Platforms;
e) use or interfere with the themonkeytravel.com Services and/or themonkeytravel.com Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
f) introduce onto, or transmit via, the themonkeytravel.com Services and/or themonkeytravel.com Platforms any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorization key, license control utility or software lock;
g) remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the themonkeytravel.com Services and/or themonkeytravel.com Platforms or pass off or attempt to pass off the themonkeytravel.com Services and/or themonkeytravel.com Platforms as the product of anyone other than themonkeytravel.com;
h) use any automated computer program or application to scan, copy, index, sort or otherwise exploit the themonkeytravel.com Services and/or themonkeytravel.com Platforms or any part thereof.
A. AIRLINE’S TERMS AND CONDITIONS
As highlighted under “About these terms”, your booking is also subject to the relevant Supplier’s (in this case the airline’s) terms and conditions. These can generally be found on the airline’s own website. If there are any inconsistencies between these terms and the airline’s terms and conditions, for example where you have selected a cheaper flight ticket that cannot be changed or refunded, these terms will apply. If you have any questions on the terms and conditions that apply to your flight ticket (for example on the change/cancellation/baggage allowance rules), you can contact us directly as part of our customer support services.
B. CHANGING OR CANCELLING YOUR BOOKING
We will have provided you with information on your rights to change or cancel your flight ticket (which is based on the airline’s ticket policy) during your booking process; you may have selected a cheaper flight ticket that cannot be changed or refunded. This information forms part of these terms and should be read carefully before finalizing your booking. You can also find this information via a link in your “Flight Order Ticketed” email or by logging in with your order number and email address to view your booking details. If you are unsure whether your flight ticket permits changes and/or refunds for cancellation, please contact our customer help at service@themonkeytravel.com.
If your flight ticket is changed or cancelled by the relevant airline, generally that airline’s terms and conditions will apply. Please contact us directly, and we will help as part of our customer support services.
We take your privacy seriously and operate at all times in accordance with applicable data protection laws. You acknowledge that any personal data (as defined in our Privacy Policy) which you submit to or via the themonkeytravel.com Services and/or themonkeytravel.com Platforms may be used by us in accordance with our Privacy Policy. You agree to ensure that all personal data you provide to us is accurate and up-to-date and that you have obtained all consents, licenses or approvals necessary to enable us to use that information in accordance with these Terms, our Community Guidelines and with our Privacy Policy.
To the extent that the themonkeytravel.com Services and/or themonkeytravel.com Platforms allow you to post, upload, transmit or otherwise make available any information, images, video, or other data with themonkeytravel.com or other themonkeytravel.com users (“User Content”), you agree that:
a) you are solely responsible for the User Content that you upload, and you represent and agree that you will not share anything which you do not have the permission or right to share and which you cannot grant the license referred to in paragraph (b) below in respect of;
b) although all intellectual property rights subsisting in any User Content will be owned by you or your licensors, and you are always free to share your User Content with anyone else, you hereby grant themonkeytravel.com and the themonkeytravel.com Group Companies a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sublicensable right to host, use, reproduce (both electronically and otherwise), publicly display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content (in accordance with our Privacy Policy), including for the purposes of advertising and marketing the themonkeytravel.com Services and/or themonkeytravel.com Platforms. For example, we may make User Content available to our business partners or other themonkeytravel.com Group Companies to display on their own sites. You are in control of the User Content you upload to the themonkeytravel.com Services and can terminate this license at any time by either deleting the User Content or your themonkeytravel.com account. Deleted User Content will be promptly removed within 48 hours of deletion.
c) We are under no obligation to store, retain, publish, or make available any User Content uploaded by you and that you shall be responsible for creating backups of any such User Content if necessary.
Except as set out elsewhere in these terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the themonkeytravel.com Services and Platforms (together, the “Intellectual Property Rights”) are owned by or licensed to themonkeytravel.com. You acknowledge that by using the themonkeytravel.com Services and/or the themonkeytravel.com Platforms, you will not acquire any right, title, or interest in or to themonkeytravel.com Services and/or themonkeytravel.com Platforms or in or to the Intellectual Property Rights except for the limited license to use the themonkeytravel.com Services and themonkeytravel.com Platforms granted to you pursuant to these Terms. You further acknowledge that you have no right to access any aspect of the themonkeytravel.com Services and/or themonkeytravel.com Platforms in source-code form.
We respect the intellectual property rights of others.
Your use of the themonkeytravel.com Services and/or themonkeytravel.com Platforms is entirely at your own risk.
Although we enforce strict “price accuracy” policies and endeavor to ensure that the content displayed on or via the themonkeytravel.com Services and Platforms is up-to-date and accurate, we cannot guarantee the reliability or accuracy of such content. We provide the themonkeytravel.com Services and Platforms on an “as is” basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that the themonkeytravel.com Services and themonkeytravel.com Platforms (a) are accurate, complete, or up-to-date; (b) will always be available; (c) will meet your expectations; or (d) are secure or are free from errors, faults, defects, viruses or malware.
The Travel Provider Terms will set out what rights you have against the Travel Provider and will explain their liability to you in the event of anything going wrong.
You agree to comply in full with all applicable Travel Provider Terms. You acknowledge that breaching Travel Provider Terms could result in the cancellation of tickets or reservations, revocation of frequent flyer miles and other benefits, and additional charges.
These terms set out the full extent of themonkeytravel.com’s obligations and liabilities in respect of the themonkeytravel.com Services and Platforms.
themonkeytravel.com has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the themonkeytravel.com Services and/or themonkeytravel.com Platforms. You acknowledge that you should resolve that issue with the themonkeytravel.com and that your sole remedy in such circumstances, including any refund, lies with the relevant Travel Provider and not with themonkeytravel.com.
Subject to these terms and to the extent permitted by law, our maximum aggregate liability to you arising out of or in connection with these terms or your access to, use of, or inability to access or use, the themonkeytravel.com Services and/or themonkeytravel.com Platforms shall be limited to the sum of $100 (one hundred USD).
Nothing in these terms shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.