Yandex.Avia General Terms of Services
This document is an English translation of “Yandex.Avia General Terms of Service”. In case of conflict between the Russian version of “Yandex.Avia General Terms of Service” and this translation, the Russian version of “Yandex.Avia General Terms of Service” shall prevail. The Russian version of “Yandex.Avia General Terms of Service” can be found here: https://yandex.ru/legal/airplane_timetable_adv_rules/?lang=ru.
Yandex.Flights is the — information and reference service which provides information on flights, airlines, air fares and a possibility of choosing air tickets by dates, time of departure or arrival, airlines, and other parameters.
1. Placement terms
1.1. Format and content of advertising materials:
Advertising informational materials provided by the Customer and containing information on the number of air tickets available for booking (purchase), and air fares, as well as other information agreed by the parties (the Materials).
Format of the Materials:
Block containing the latest information about the air fare.
logo maximum size 90*35 pixels;
color black, background – transparent;
supported formats: SVG.
logo title in text format (if, for any reason, the Customer cannot provide the logo in the banner format):
color black, background – transparent.
The Customer agrees that the image of the logo title in text format, including font, font size, color and other similar characteristics may be displayed in accordance with the Locations’ design as applicable at the time of service use, as well as the user’s version of the browser, and other settings selected by the user, etc.
At Yandex.Flights (avia.yandex.xx *) and in applications (including those for mobile devices):
1.2.1. block “Prices of Airlines” - all Materials of the Airlines;
1.2.2. block “Prices of Other Partners” - all Materials of Customers other than the Airlines;
1.2.3. block “Best Offer” - all Materials in view of the terms specified in cl. 126.96.36.199 below.
For the purposes of these Terms and Conditions, the term “Airline” shall mean a legal entity irrespective of its organizational and legal status and form of ownership, which is engaged in the air transportation of passengers and baggage for a fee and selling air tickets for its flights.
1.3. Display terms:
1.3.1. Materials shall be placed at the Locations listed in subcl. 1.2.1 and 1.2.2 above in increasing order of air ticket cost in Russian roubles (when placed at avia.yandex.ru (Russian Federation) or in Hryvnia (when placed at avia.yandex.ua) (Ukraine)), unless otherwise specified in subcl. 1.3.3, 1.3.4 and 1.3.5 hereof.
If several Materials specify the same price of an air ticket, then the previously submitted Material shall be displayed above.
188.8.131.52. In this case, the Material specifying the lowest air ticket price among the prices supplied by the Customers shall be highlighted and displayed in a separate block (the Location specified in subcl. 1.2.1 and 1.2.2 above) above the other Materials in such a Location (specified in subcl. 1.2.1 and 1.2.2 above).
If the above provision is at any one time true for the Materials provided by two or more Customers, the relevant block (the Location specified in subcl. 1.2.1 and 1.2.2 above) shall display the Material provided prior to the other Materials in the relevant Location (specified in subcl. 1.2.1 and 1.2.2 above), for which the said provision is true.
184.108.40.206. When choosing a Material(s) to be displayed in the Location specified in cl. 1.2.3 hereof, the following provisions shall apply:
a) the Service shall display a combination of the Materials (provided by any Customer, including the Airline), which constitutes the cheapest flight offer according to the flight route selected by the User;
b) if there are no Materials meeting the criteria specified in subcl. (a) of cl. 220.127.116.11 above, the Service shall display the Material of the Airline featuring the lowest air ticket cost of all the Materials provided by all Customers for the flight route selected by the User;
c) if no Materials specified in subcl. (a) and (b) of cl. 18.104.22.168 hereof were provided for placement, the Service shall display the Material featuring the lowest air ticket cost provided by the Customer other than the Airline and the Material provided by the Airline according to the flight / flight combination selected by the User.
1.3.2. In case if the Seller is a nonresident of Russian Federation (when placed at avia.yandex.ru (Russian Federation) and the air ticket price provided by such a Seller for bank card payments in the Internet, is provided in the foreign currency, Customer shall provide the air ticket price in the foreign currency set by such a Seller.
In case of displaying Materials to Users from Russian Federation and other countries except Ukraine, Kazakhstan, Belarus or Turkey at the Locations the final air ticket price, specified by the Customer in foreign currency set by the Seller in accordance with this paragraph is converted daily to Russian Roubles or any other foreign currency selected by the User at its own discretion at Yandex.Flights at the following conversion rate: the exchange rate set by the Bank of Russia as of the date of display + 3% of the air ticket price provided by the Customer, this final air ticket price is provided in Materials in Russian Roubles or any other foreign currency selected by the User at its own discretion at Yandex.Flights along with ait ticket price in the foreign currency set by the air ticket Seller.
For the case of this paragraph, the term “air ticket Seller” means a party performing air ticket sales to the User.
1.3.3. In case of displaying Materials to Users from Ukraine, Kazakhstan, Belarus or Turkey at the Locations other than http://avia.yandex.ua, Materials shall be placed at the Locations in increasing order of air ticket cost in the national currency of the relevant state.
1.3.4. For the purposes of this document, the User's country shall be identified by the computer IP address (or proxy server) on the Internet related to a specific geographical area basing on Yandex data, or in accordance with the geographical region selected by the User in the settings of Yandex information resources on the Internet as the location region.
1.3.5. The air ticket cost indicated in the Materials placed at the Locations can be displayed in the currency selected by the User at its own discretion at Yandex.Flights. In case the cost of the air ticket is shown in a currency other than the currency specified by the Customer upon delivery of the advertising informational materials, such cost shall be automatically calculated, according to the following rules:
in accordance with the exchange rate set by the Bank of Russia as of the date of displaying Materials - when displaying advertising informational materials to Users from Russia and other countries, except for Ukraine, Kazakhstan, Belarus and Turkey.
in accordance with the exchange rate set by the national/central bank of the relevant state as of the date of displaying Materials - when displaying advertising informational materials to Users from Ukraine, Kazakhstan, Belarus and Turkey.
1.3.6. The air ticket price provided by the Customer shall be rounded up to the whole number according to arithmetic rules (i.e. it shall be shown without kopeks).
1.3.7. Materials that may be placed at the Locations may be also placed in computer program “Yandex.Market Advisor”. When selecting a Material to be displayed in the computer program “Yandex.Market Advisor”, following conditions apply: Material shall contain the lowest price for the plane ticket offered by the Customers for the date and the flight route set by the User. If several Materials specify the same price of an air ticket, then the previously submitted Material shall be displayed.
1.4. Requirements for the Materials:
1.4.1. The Materials shall comply with the standards and requirements of the effective laws of the Russian Federation, as well as the “General Terms of Advertising Requirements” which are publicly assessable on the Internet at: https://yandex.kz/legal/general_adv_rules/.
1.4.2. The Materials provided by the Customer shall also be in line with current offers of the Customer for the purchase and booking air tickets at the time of provision and the content of the Customer's webpage to which the Link leads.
1.4.3. The Customer guarantees that the cost of the air ticket specified in the Materials will correspond to the actual sale price of such air ticket.
1.4.4. The Customer shall deliver the Materials to Yandex, including those containing information about:
22.214.171.124. seats available for the flights sold by the Customer;
126.96.36.199. the final price of air tickets in case of online payment by bank card, including all dues, taxes, commissions and other charges payable by the User, including the cost of additional services (if the final price of the air ticket includes the cost of such additional services), i.e. the amount debited from the User's bank card if the air ticket is bought on the Customer’s website available at the Link;
1.4.5. As part of the Materials, the Customer shall communicate to Yandex the highest possible final price of air tickets in case of online payment by bank card;
1.4.6. Except in the cases specified in clause 1.4.7 below, the final price of air tickets in case of online payment by bank card shall be at all times provided by the Customer to Yandex in Russian roubles, unless otherwise specified in Section 1.3.2 hereof.
1.4.7. For placement of the Materials at the Locations avia.yandex.ua (Ukraine), avia.yandex.kz (the Republic of Kazakhstan), avia.yandex.by (the Republic of Belarus), bilet.yandex.com.tr (Turkey), the Customer undertakes to indicate the final price in the national currency of the corresponding state. The Customer shall ensure that the price of the air ticket corresponds to the actual sale price of such air ticket. Placement of the Materials at the specified Locations shall not be guaranteed by Yandex and shall be made if agreed by the Parties provided that it is technically possible for Yandex to provide corresponding services.
1.4.8. The Materials provided by the Customer shall comply with the rules and requirements of the effective laws of the Russian Federation Ukraine, the Republic of Belarus, the Republic of Kazakhstan, Turkey (if the Materials are placed at the Locations avia.yandex.ua (Ukraine), avia.yandex.kz (Republic of Kazakhstan), avia.yandex.by (Republic of Belarus), bilet.yandex.com.tr (Turkey)) as well as with the document “General Terms and Conditions. Advertising Requirements”.
1.4.9. Yandex shall reserve the right to reject any Materials provided by the Customer as well as to suspend the placement of the Materials if their placement and/or contents and/or form fail to comply with the foregoing requirements, specifically those stipulated in clauses 188.8.131.52., 1.4.5., 1.4.6., 1.4.7. of these Terms, and those stipulated in clauses from 3.3.3 to –3.3.5 and 3.3.9. of the Agreement between Yandex and the Customer, or are in breach of Yandex advertising policy and other requirements. Pursuant to the Agreement, the Customer may replace the rejected Materials with proper Materials or bring the Materials in line with the specified requirements, and repair other violations, which caused suspension of the placement of the Materials per this clause.
1.4.10. In this respect, Yandex may use the Logo provided by the Customer to place it as part of the Materials on a special information page at Yandex.Flights containing information on partners/customers. For that purpose, the Customer shall transfer to Yandex a brief description of the Customer’s activities. The Customer warrants to Yandex that it possesses all rights to the Logo and that the placement of the Logo and information on the Customer by Yandex constitutes no violation of the laws of the Russian Federation and third-party rights.
1.4.11. In order to improve the quality of Yandex.Flights, Yandex may, from time to time, conduct experiments, within the scope whereof the Materials of the Customer can be displayed in Locations on personal computers and mobile devices of certain Users and/or search queries randomly chosen by the system under changed terms of placement thereof, including, but not limited to a changed manner of display thereof, and can be displayed in Locations that are not stipulated by the General Terms and Conditions for Yandex.Avia Services (hereinafter referred to as the General Terms). When conducting experiments Yandex does not guarantee that any and all Materials of the Customer will be displayed in Locations under the terms of display thereof and under any other terms stipulated by these General Terms. In this respect, experiments do not affect the rate per click set in accordance with cl. 1.5 hereof and do not change it. The Services shall be paid in accordance with the rate per click specified in cl. 1.5 hereof. Information on such experiments is available to the Customer upon request sent to the help desk via the feedback form to email@example.com stating request reasons and the contract number.
1.4.12. Yandex may use and combine the Customer's Materials with third-party materials to display the offer in the Location specified in cl. 1.2.3 hereof.
The rate per click is set at a fixed amount — 23 rubles (VAT included - 18 %).
* For the purposes of this document, the notation “xx” used in the domain name shall mean any top-level or second-level domain area where Yandex administers the domain with the specified name and has technical ability to provide the respective services.
Date of placement: 18 November 2016
Effective Date: 18 November 2016
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