Terms of Use2021-12-21T13:48:56+01:00

Last updated: December 2021

Terms of Use

Please read these Terms of Use (“Terms“) carefully before using the https://www.hikoala.co/ website (the “Website“).

These terms of use are intended to help you understand the rules and principles that apply when you access and use our website.

Article 1 – Our Website2021-12-14T11:56:03+01:00
  1. The Website is operated by and belongs to Golao SAS, using Koala as its trademark, a simplified joint-stock company incorporated under the laws of France, with capital of 162 361 euros, having its registered office at 9 allée des Marquises, 67000 Strasbourg, France, registered with the Strasbourg Trade and Companies Register under number 843 042 433 and with the ORIAS under number 19 001 275 and whose VAT number is FR42843042433 (“Us“, “We“, or “Our“).
  2. The Website is available to any visitor or customer (“User“, “You“, “Your“), subject to acceptance of these Terms. Your access to or use of the Website is conditioned on your acceptance of and compliance with these Terms. If you do not agree with these Terms, then you are not allowed to use the Website.
Article 2 – Access to and use of the Website2021-12-14T11:59:15+01:00
  1. Before using the Website, you must ensure that you have the technical and computer resources to navigate and use the Website. You must also ensure that the computer configuration of your equipment is in good working order and does not contain any viruses.
  2. The Website may be temporarily or permanently unavailable, in whole or in part, and it may be added to, changed, or removed at any time under our sole discretion without any notification.
  3. We, in our sole discretion, may use all comments and suggestions, whether written or oral, provided by you in connection with the use of our products and services or the Website.
  4. You agree to use the Website only for personal purposes or on behalf of persons for whom you are authorised to act.
  5. You agree not to:
    1. use another person’s name, ID, or password without permission nor use the Website while impersonating another person;
    2. post or transmit any unlawful, threatening, defamatory, obscene, or indecent material or any material that could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
    3. use any device, software, or routine to interfere with or attempt to interfere with the proper working of the Website;
    4. alter, dismantle, reverse engineer or decompile the Website and the software used for the provision of our products and services and operation of the Website;
    5. frame, mirror, or otherwise incorporate any part of the Website into any other website without our express written authorization.
  6. The Website contains multiple functionalities which are available to you and may be used by a designated part of the interface of the Website or other designated online tools such as emails. We will provide you with functionalities of the Website provided that you use the functionalities in a way that has been intended and allowed by us.
Article 3 – Content2021-12-15T11:50:23+01:00
  1. Our Website allows you to store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content“). You are responsible for the Content you provide to us through the Website.
  2. We reserve the right to modify, revise, delete, validate or change, in whole or in part, any Content appearing on or displayed on the Website at any moment and without notice.
Article 4 – Links to other websites2021-12-14T12:01:34+01:00
  1. Our Website may contain links to third-party websites or services that are not owned or controlled by us.
  2. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Article 5 – Exception to the right of withdrawal2021-12-14T12:02:22+01:00
  1. If you wish to purchase, or have purchased, our flexible booking cancellation service (or “Flex Service”) on the website of one of our partners, you acknowledge that you have been informed beforehand, by the General Terms and Conditions of Sale of the Flex Service available on the partner’s website and by these Terms of Use, that the right of withdrawal cannot be applied to the Flex Service, by virtue of Article L.221-28.1° of the French Consumer Code.  Indeed, the Flex Service begins immediately after its purchase and can be fully executed immediately and before the end of the withdrawal period, thus not allowing you to benefit from it.
  2. You therefore expressly waive your right of withdrawal.
Article 6 – Intellectual property2021-12-14T12:04:54+01:00
  1. Our intellectual property rights
    1. We retain any, and all, rights to our products and services and the Website and its content; including software, hardware, products, processes, algorithms, user interfaces, knowledge, technologies, inventions, designs, and other tangible or intangible materials or information made available to you throughout the provision of the services or by using the Website. These elements are our exclusive property. All these rights are reserved for the whole world.
    2. No expressed or implied license or right of any kind is granted to you regarding our services, products, or the Website, or any part thereof, including any right to obtain possession of any source code, data, or other material relating to the Website. All rights not expressly granted to you herein are reserved to us or their respective owners.
    3. Furthermore, all copyrights, trademarks, design rights, database rights, patents, and other intellectual property rights (registered and unregistered) in and on the Website and regarding the content of the Website belong to us or third parties and we do not grant anyone the right or license to use them.
  2. Trademarks of third parties
    1. The trademarks, logos, service marks, watermarks, and other third-party content (“Trademarks”) displayed on the Website are registered and unregistered Trademarks of their respective owners. All Trademarks related to the operating airlines, insurance companies, and other third-party providers that are displayed on the Website belong to their respective owners and we use these Trademarks solely for your convenience. Nothing contained on this Website should be construed as our pretension to these third-party Trademarks or as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the express written permission of its respective owner.
    2. Your misuse of the Trademarks displayed on the Website is strictly prohibited. You must ensure that your use of Trademarks complies with all applicable laws and the intellectual property and other rights of the relevant third-party provider. You acknowledge and agree that the Trademarks will remain the property of the relevant third-party provider. No part of Trademarks may be modified, duplicated, published, uploaded, distributed, translated, adapted, marketed or used, without the prior written consent of the relevant third-party provider.
Article 7 – Disclaimer of warranties2021-12-14T12:05:59+01:00
  1. The website and the content are provided on an “as is” and “as available” basis. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that use of the Website or the Content will be uninterrupted or error-free, that defects in the Website or the Content will be corrected, that the Website or Content or the servers that make the Website and the Content available will be free of viruses or other harmful components, or that any descriptions of the Website or the Content are accurate, reliable, current or complete.
  2. You expressly agree that your use of the Website is at your sole risk. We reserve the right to restrict or terminate your access to the Website or any feature or part thereof at any time. We assume no responsibility for the deletion, mis-delivery, or failure to store or transfer any Content or personalization settings.
Article 8 – Limitation of liability2021-12-14T12:06:26+01:00

Under no circumstances shall we be liable to you for loss or damages, including without limitation, any direct, indirect, incidental, special, consequential losses or damages of any kind or loss of profits, in relation or connected to the Website or resulting from your use or access of, or inability to use or access, the Website or the Content.

Article 9 – Personal data2021-12-14T12:06:51+01:00

The provisions concerning the processing of your personal data are available on our Website under the heading “Privacy Notice”.

Article 10 – Autonomy of clauses2021-12-14T12:07:20+01:00

If any provision of these Terms or its application to any person or circumstance is deemed void, this void shall not affect the other provisions or applications of these Terms, which will remain in force, regardless of the provision deemed void. To this end, the provisions of these Terms are declared autonomous.

Article 11 – Changes2021-12-14T12:07:45+01:00

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. These changes come into effect as soon as they are posted on the Website. You are advised to consult these Terms regularly for any changes. In the event that the modifications materially alter your rights or obligations hereunder, we will notify you of the change by any means. Your continued use of the Website after the revised Terms have become effective indicates that you have read, understood and agreed to the current version of these Terms.

Article 12 – Complaints – Mediation2021-12-14T12:09:05+01:00
  1. For any information, complaint or question relating to these Terms, you can contact our Customer Service by post (51 rue Lepic, 75018 Paris – France) or by e-mail (contact@hikoala.co).
  2. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, we adhere to the service of the CMAP mediator whose contact details are as follows: 39 Avenue Franklin Delano Roosevelt, 75008 Paris – https://www.cmap.fr. In the event of a complaint that has not been resolved amicably by our Customer Service, the Mediator’s Service may be contacted for any consumer dispute that has not been resolved.
Article 13 – Applicable law and jurisdiction2021-12-14T12:11:04+01:00
  1. In case of any disputes arising from or related to the Website or these Terms, the courts of Paris, France, shall have complete jurisdiction over all disputes arising between you and us, unless otherwise provided by the mandatory applicable laws.
  2. The Website and these Terms shall be governed by the laws of France.
  3. It is specified that these Terms are translated into other languages for information purposes only, but the French version prevails over the versions in other languages and only the French text will prevail in the event of a dispute.
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