General terms and conditions
The following terms and conditions of kinkaa GbR (hereinafter: "kinkaa") apply to the use of the kinkaa.co.uk websites and are accepted by the user on using the website and its sub websites (hereinafter: "Website" or "Websites"). Those terms and conditions apply which are available on http://www.kinkaa.co.uk/agb at the time of the visit. Any changes to these terms and conditions will be announced by kinkaa on the Websites. The user agrees to these terms and conditions and, by continuing to use the Websites in any way, accepts these terms and conditions and their possible revision.
Using the service requires the user to be at least 16 years of age. Users agree to use the service for information purposes only and in order to find cheap offers of travel. The Websites use for commercial purposes is not permitted without the explicit prior written consent of kinkaa.
Service and contractual relationships
On the Websites, users are given the opportunity to view offers of flights, hotel accommodation and hire cars and can compare the prices (hereinafter: service or services) of the various travel services (hereinafter: providers). Users are redirected and thereby forwarded to the offer of the provider where booking can take place. Booking and the conclusion of a contract linked to this will take place directly with the provider concerned and not with kinkaa. Kinkaa is therefore not a contractual partner or a place of contact for questions about the booking process or services.
Kinkaa does not assume any liability for the correctness of information (e.g. prices, departure and arrival times, addresses etc.) on its Websites. The information about services is mostly automated and is provided to kinkaa by the providers. Even if the information is updated several times a day, there may be individual cases when the information shown on the kinkaa Website and the website of the provider do not agree. This applies in particular to the ranking of the providers which are listed in order of price. Kinkaa is not responsible or liable in any way for incorrect or incomplete information on the Website. The user is responsible for verifying the accuracy of the information on the websites of the providers. Kinkaa would like to point out that due to the choice of payment and other services, the prices displayed on kinkaa may be lower than the actual prices demanded by the providers.
The services are aimed at consumers in the sense of § 13 BGB, but are not limited to these.
kinkaa is not responsible for the content of the websites of third parties that link to the Website directly or indirectly, or that are linked to from the Website. This includes the websites and offers of providers. Kinkaa conducts random checks of the contents of third parties' websites which it links to from its Website, even after the providers search results have been integrated into its services. Furthermore, kinkaa is not in any way liable for any damage that may occur or the defectiveness of the users' software or hardware, or for damage that may occur as a result of the lack of availability or the improper functioning of the internet.
Claims for damages are excluded, regardless of their respective legal basis. kinkaa's liability is limited to gross negligence and misconduct. The extent of kinkaa's liability for damages regarding the slightly negligent breach of obligations that are indispensable for its services (hereinafter: cardinal obligations) is limited to foreseeable damage. kinkaa's liability for the slight negligent breach of secondary obligations is excluded. The aforementioned limitations to liability shall not apply to claims for damages resulting from injury to life, limb, health or cardinal obligations, if these were committed intentionally or negligently. This liability limitation also applies to kinkaa's legal representatives and its vicarious agents.
The data presented on the Website, i.e. company names, logos and product names, may be registered trademarks and/or brand names. In addition, all data that is accessible or retrievable on the Websites is protected by copyright. This includes in particular, but is not limited to, graphics, illustrations, images, texts and their arrangement on this Website (layout) and search results (hereinafter: "data"). The use, modification or duplication of data requires the written consent of kinkaa. An automated readout - even partially - of the Website or its databases (so-called scraping) is not permitted. Any of the above actions will result in legal proceedings being taken by kinkaa.
The user grants kinkaa the unlimited and non-restrictive right (including editing rights) to use all texts, comments, and/or pictures submitted by the user (hereinafter: entries) and warrants that the rights of third parties will not be violated as a result of the submission of entries or the publication of entries. In addition, the user waives the right to be named as the author of entries. Kinkaa hereby expressly disassociates itself from the entries of users and their content and assumes no liability for these.
Governing Law and Jurisdiction Agreement
These terms and conditions and all legal relationships between participants and kinkaa are subject to the law of the Federal Republic of Germany. If the participant is a trader, a legal entity under public law or special fund under public law, then Berlin (district: Mitte) will be the exclusive place of jurisdiction for legal disputes directly or indirectly resulting from the contractual relationship.