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These Payhawk AI Travel Agent Terms of Use (“Travel Terms”) apply to the use of the travel and accommodation booking feature (“Payhawk Travel Feature”) made available through the Payhawk AI Travel Agent Application. These Travel Terms are to be read in conjunction with the Payhawk Terms & Conditions (“General Terms”). In the event of a conflict between these Travel Terms and the General Terms, the provisions of these Travel Terms shall prevail in respect of the Payhawk Travel Feature. Unless otherwise expressly defined in these Travel Terms, any term or expression used herein shall have the meaning ascribed to it in the General Terms.
1.1. The Payhawk Travel Feature enables Companies and their designated employees (“Traveler”) to search, select, and reserve or purchase business travel services (“Travel Services”) including flight tickets and/or accommodation directly through the Payhawk AI Travel Agent Application, based on criteria provided by the Traveler or the Company.
1.2. In doing so, Payhawk accepts, processes and transmits booking orders made by Travelers, as well as provides limited scope customer support.
1.3. The Travel Terms govern all bookings of Companies (made by Travelers) through the Payhawk AI Travel Agent Application for the duration of the Travel Terms.
1.4. All Travel Services purchased/booked via the Payhawk Travel Feature constitute a direct contractual relationship between the Traveler and the applicable Third-Party Provider. Payhawk is not a party to such contracts and assumes no obligations or liability arising from or in connection with them.
1.5. The Payhawk Travel Feature is provided exclusively to facilitate business-related travel arrangements for the Company’s Users in connection with its trade, business, craft, or profession and is not intended for individual or consumer use. The Parties expressly agree that these Travel Terms constitute a “general agreement” as defined in the UK Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs 2018”), the EU Package Travel Directive (Directive (EU) 2015/2302) (“PTD”), and any national laws implementing the PTD in EU Member States. By virtue of this general agreement the Payhawk Travel Feature falls outside the scope of the PTD, the PTRs 2018, the Civil Aviation (Air Travel Organiser’s Licensing) Regulations 2012, and any equivalent EU or national laws governing package travel or linked travel arrangements. None of the obligations, liabilities, or consumer protections under the aforementioned regulations shall apply to Payhawk’s provision or the Company’s use of the Payhawk Travel Feature.
2.1. While Payhawk endeavours to provide access to accurate travel content and data, no warranty or representation is given as to the completeness, accuracy, availability, or suitability of any travel services displayed. Payhawk shall inform you of any changes, rescheduling, rebookings or cancellations made to an order by the Third-Party Provider as soon as reasonably possible after and to the extent that Payhawk becomes aware of such change or cancellation. Payhawk does not warrant that any changes or cancellations shall be viewable through the Payhawk Travel Feature. Payhawk accepts no liability for any changes or cancellations made to any order by the Third-Party Provider; however we shall use our best endeavours to support you in any way to resolve these changes or cancellations.
2.2. Travelers or Companies may cancel an order directly through the Payhawk Travel Feature. Where a Traveler or Company choose to cancel an order directly with the Third-Party Provider, the Traveler or the Company shall notify Payhawk of such cancellation as soon as reasonably practicable.
2.3. The Travel Services made available to Companies through the Payhawk Travel Feature are provided on an "as is" and "as available" basis, without any modifications, changes, additions, amendments, warranties or guarantees of any kind, express or implied, including but not limited to merchantability or fitness for a particular purpose.
2.4. To the maximum extent permitted by Applicable Law, Payhawk shall not be liable for any direct, indirect, incidental, special, or consequential loss or damage suffered by the Company and/or Traveler arising out of or in connection with:
3.1. Bookings for Travel Services through the Payhawk Travel Feature shall be made using a Card. Payments and prepayments for such bookings shall be made in accordance with the terms and conditions of the Third-Party Providers of the Travel Services.
Refunds of payments and prepayments for Travel Services will be processed by Payhawk via Payhawk Travel Feature and will be settled in accordance with the terms and conditions of the Third-Party Providers of the Travel Services.
3.2. Payhawk shall document the Travel Services in accordance with the applicable VAT rules, which shall not affect the underlying contractual relationship between the Traveler and the Third-Party Provider.
3.3. Payhawk shall provide Companies with a booking confirmation.
4.1. Payhawk shall provide first-line customer support to assist Travelers with booking confirmations, payment processing issues, or coordination with Third-Party Providers, but does not guarantee issue resolution on behalf of any such providers.
4.2. Payhawk may assist in addressing any complaints to the Third-Party Provider before, during or after booking/purchasing through the Payhawk Travel Feature, however you acknowledge that Payhawk is not responsible for managing or resolving any disputes between: (i) you and/or the Traveler; and (ii) the Third-Party Provider.
5.1. Company and its Travelers must use the Payhawk Travel Feature in compliance with these Travel Terms and the General Terms.
5.2. Company is solely responsible for ensuring that any travel reservations comply with its internal travel policies, including approvals and budgetary controls.
5.3. Restricted activities: You shall not (except as allowed by Applicable Law which is incapable of exclusion by agreement between the parties and/or except to the extent expressly permitted under these Travel Terms and the General Terms):
a. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Payhawk Travel Feature in any form or media or by any means; or
b. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Payhawk Travel Feature; or
c. access all or any part of the Payhawk Travel Feature in order to build a product or service which competes with the Payhawk Travel Feature; or
d. access or use the Payhawk Travel Feature to create or support any flight or accommodation comparison tool (including building such a comparison service on top of the Payhawk Platform or redistributing Payhawk content to a third-party comparison service); or
e. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Payhawk Travel Feature available to any third party (or assist third parties in obtaining access to the Payhawk Travel Feature) except to offer the Payhawk Travel Feature to your employees, contractors, or representatives, as envisaged by these Travel Terms and the General Terms; or
f. introduce or permit the introduction of: (i) any software code, file, virus, worms, trojan horses, malware or similar items which may prevent, impair or otherwise adversely affect access to, or the operation of, any computer software, hardware, device, network, or any other service, any programme or data, or the user experience; or (ii) a weakness in the computational logic (e.g. code or architecture of the system) found in software and hardware components that when exploited, results in a negative impact to confidentiality, integrity, or availability to the relevant network and information systems; or
g. access, store, distribute or transmit any unlawful, harmful, defamatory or obscene material during the course of your use of the Payhawk Travel Feature, and shall not do, cause or authorise to be done anything that in Payhawk’s reasonable opinion would adversely affect the reputation or goodwill associated with Payhawk or its suppliers or otherwise bring Payhawk or its suppliers into disrepute; or
h. use your Payhawk Account and/or the Payhawk Travel Feature for illegal or fraudulent transactions or in connection with illegal or fraudulent activity of any kind, including money laundering, trafficking, anti-bribery activity or tax evasion; or
i. use any Payhawk Travel Feature to order from, or on behalf of, persons or entities in a country embargoed, blocked, or defined by any government, including those on sanction lists identified by the United Kingdom, the European Commission or by the United States Office of Foreign Asset Control (OFAC); or
j. use the Payhawk Travel Feature to create speculative or sham orders, reserve Payhawk Travel Feature in anticipation of demand, and/or do any other abusive practice, including repeat hold orders without subsequent booking;
and if you become aware of any restricted activity, you shall immediately notify us in writing.
6.1. The contracting party for the access to the Payhawk Travel Feature is the relevant Payhawk Software Services Contracting Party. The Payhawk contracting entity for purchasing Travel Services through the Payhawk Travel Feature will be Payhawk EOOD, Payhawk Limited and/or Payhawk Inc, as the case may be, and at all times either subject to our Notice or as otherwise made available to you.
7.1. Matters relating to Personal Data processed by Payhawk as a controller for the purposes of delivering the Payhawk Travel Feature shall be governed by Payhawk’s Privacy Policy, available at https://payhawk.com/privacy.
Matters relating to personal data processed by Payhawk as processor for the purposes of delivering the Payhawk Travel Feature shall be governed by Payhawk's DPA, available at https://payhawk.com/dpa.
8.1. Payhawk reserves the right to suspend or discontinue access to the Payhawk Travel Feature at any time, with or without notice, in case of misuse or breach of these Travel Terms, the General Terms or Applicable Law.
8.2. Payhawk may immediately suspend and/or terminate your access to all or any part of the Payhawk Travel Feature without liability to you and without prejudice to any other rights or remedies we may have under the Travel Terms, the General Terms or otherwise if:
a. any information provided by you (or on your behalf) to Payhawk is incomplete, inaccurate, out-of-date or has been misrepresented;
b. you use the Payhawk Travel Feature in such a way that Payhawk believes (acting reasonably) has or is likely to have an adverse impact on the Payhawk Travel Feature, including sending excessive calls to the Payhawk Platform;
c. you use the Payhawk Travel Feature in any manner which Payhawk (acting reasonably) believes is unlawful, in breach of applicable privacy or security standards, and/or includes any restricted activity under clause 6.3;
d. Payhawk is required to do so under Applicable Law or upon request from a supplier;
e. you fail to rectify the non-compliance notified by Payhawk;
f. you fail to pay any sums due under the Travel Terms or the General Terms in time;
g. Your Framework Agreement has been terminated in accordance with the General Terms.
8.3. If Payhawk terminates the Travel Terms on any of the grounds stipulated herein, Payhawk shall have the sole discretion to also terminate the Framework Agreement with immediate effect by providing written notice to the Company. Such termination of the Framework Agreement shall not absolve the Company of any outstanding obligations under the Framework Agreement, including the payment of any due Fees, Charges or liabilities accrued prior to termination.