Terms and conditions

1. Who we are

The website oozh.ge (“oozh.ge”, “we”) is owned and operated by EMA PLUS SOLUTIONS SRL, a limited liability company established under the laws of Romania:

• Trade Register number: J40/19757/2017;
• unique registration code (CUI): 38540407;
• registered office: Intrarea Gheorghe Simionescu No. 19, Office B26, Sector 1, Bucharest, Romania;
• phone: +40 31 780 80 80;
• email: [email protected].

You can contact us by phone, by email or through the chat on oozh.ge.

2. Scope of these terms and our role

2.1. These terms and conditions (the “Terms”) govern the use of oozh.ge and the purchase of our services: searching, booking, paying for and issuing air tickets, and the additional services we offer on the website or by email.

2.2. We act as an intermediary between you and the airlines: we sell and issue tickets on behalf of the airline. We are not an air carrier. The flight is operated by the airline named on the ticket, and the contract of carriage is concluded between you and that airline.

2.3. Your contract with us is concluded when, while placing your order, you accept these Terms and confirm the order. Browsing the website or searching for flights does not in itself create a contract.

2.4. Your order is governed by the version of the Terms in force when you placed it. Later changes to the Terms do not change a contract already concluded unless you agree to them.

2.5. Our services are intended for personal, non-commercial use. Reselling, copying, automated collection or distribution of the website's content, software or data for commercial or competitive purposes is prohibited.

3. Language of the contract

The contract can be concluded in Georgian, Russian or English. These Terms are published in all three languages. In case of any discrepancy between them, the Georgian version prevails.

4. Our service and flight information

4.1. At your request, oozh.ge shows the flight options and prices available at the time of the search, based on data from the airlines and international reservation systems. Information on flights, fares and prices is provided to us by the airlines and may change at any time.

4.2. Showing flight options is not a recommendation of any airline or flight.

4.3. In addition to these Terms, the airline's conditions of carriage and fare rules apply (baggage, changes and refunds, other restrictions). We show you the main fare conditions, or give you a link to them, before you pay.

4.4. Some airlines may charge additional fees, for example for airport check-in or baggage. We do not cover the costs of transferring between airports or terminals unless that cost is caused by our error.

5. Booking, price and payment

5.1. Before you start your order, we show you the total price: the airline fare, taxes and charges, our service fee and the price of any additional services you choose. The price includes all taxes. You do not have to pay any additional amounts that were not shown to you before payment.

5.2. Prices are shown in euros (EUR), and payment is made in EUR. You can pay by bank card (Visa, Mastercard) on the secure payment page of Netopia, or by bank transfer to the account of EMA PLUS SOLUTIONS SRL; our bank details are stated on the invoice we issue for your booking. If your card or bank account is in another currency, your bank converts the amount at its own rate and on its own terms. A card payment fee, if one applies, is included in the total price shown before payment. We do not accept any payment methods other than those shown on the website.

5.3. Before confirming your order you can check and correct the data you entered. Enter each passenger's first and last name in Latin letters, exactly as in the travel document. The order is completed with a button clearly stating that the order entails an obligation to pay. By pressing that button you confirm that placing the order entails an obligation to pay.

5.4. A booking does not guarantee a seat or a fare. When you book, we show you the ticket payment deadline set by the airline; it is also stated on the booking page and in the confirmation email. If payment is not made by that deadline, the airline may cancel the booking. The fare and the price are only finally confirmed when the ticket is issued.

5.5. Tickets of low-cost airlines and Smart Connections tickets are issued only after payment is confirmed. Between payment and ticket issuance the fare may change or seats may no longer be available. In that case we will contact you before issuing the ticket and offer you the new price or another flight option. The decision is yours: pay the difference, or receive a full refund of the amount paid by the same payment method. We will not charge any additional amount without your consent.

5.6. To prevent card fraud, before issuing a ticket we may, on a random basis, ask you to confirm that the card is being used by its holder or by another person with the holder's consent, for example with a copy of the cardholder's identity document. We ask only for the data needed for the check and process it in accordance with the Privacy policy. If the check cannot be completed, we will not issue the ticket and will refund the amount paid in full to the same card.

5.7. We confirm receipt of your order by email. After the ticket is issued you will receive an email stating the booking code, ticket number, itinerary, amount paid and a link to these Terms. This email confirms the conclusion of the contract; you can save it and open it again at any time. If you have an account, the booking details are also available under “My account”.

6. Service fee

6.1. The service fee is the price of our service for things the airlines generally do not provide directly. It covers:

• searching for flights, making the booking and issuing the ticket;
• informing and supporting the passenger while the booking is processed or when the flight changes;
• advice on payment;
• acting as an intermediary in communication between the passenger, the airline and the airport;
• assistance with schedule changes or refunds of unused tickets.

6.2. The service fee is not included in the airline fare, may vary from one offer to another and is always included in the total price shown before payment. A separate service fee may apply to additional services (baggage, seat selection, sports equipment, pets, special assistance, etc.) bought when the ticket is issued or later; we tell you its amount before you confirm the service.

6.3. Refund of the service fee:

• if the ticket is not issued, we refund the service fee in full;
• if the airline cancels the flight or changes the schedule in a way that entitles you to a refund of the ticket, we also refund our service fee;
• if you cancel or change an issued ticket on your own initiative, the service fee, as the price of a service already provided, is not refunded, except where the law provides otherwise.

7. Right of withdrawal

7.1. Under the Law of Georgia on the Protection of Consumer Rights, a consumer may withdraw from a distance contract within 14 calendar days of its conclusion without giving any reason, except in the cases provided by law.

7.2. An air ticket is issued for a specific flight and fare whose availability is set by the airline. We therefore issue the ticket immediately after payment, before the withdrawal period ends, only at your express request. By ticking a separate box when placing your order:

• you ask us to begin providing our service, the issuance of the ticket, before the 14-day withdrawal period ends;
• you confirm that you know that once we issue the ticket and have thereby fully provided our service, you will lose the right of withdrawal with respect to our service.

7.3. If you withdraw before the ticket is issued, we will refund all payments no later than 14 calendar days after receiving your notice, using the same means of payment you used.

7.4. After the ticket is issued, cancellation, changes and refunds follow the airline's fare rules and section 8 of these Terms. This does not limit any right you have under mandatory provisions of law.

7.5. To withdraw, send us a clear statement by email to [email protected] or use the model form at the end of these Terms. Include your first and last name, booking code, order date and email address. We will confirm receipt of your notice by email.

8. Cancellations, changes and refunds

8.1. The conditions for changing and refunding a ticket are set by the airline and depend on the fare; we show them when you book. Some fares do not allow changes or refunds; in other cases the airline charges a penalty, which may equal the price of the ticket. If the airline's rules allow more favourable conditions, we apply them in your favour.

8.2. Send your request to cancel or change a ticket in writing, by email or through the chat. We do not cancel or change a ticket without your clear request. Before carrying out the request we tell you the airline's penalty, any fare difference and our fee for handling the request; you decide whether to confirm it.

8.3. We refund the amount due by the same payment method you used (to the same card, or by bank transfer to the account you paid from), once the airline has refunded it. The time this takes depends on the airline and on your bank.

8.4. The airline may cancel or delay a flight or change its schedule, including in cases of force majeure. In that case we inform you as soon as we learn of the change from the airline and help you obtain a refund or an alternative flight in accordance with the airline's rules and your passenger rights (section 11).

8.5. The flight segments of a ticket must be used in the order of the itinerary. If you do not show up for the first flight, the airline may cancel the following segments and not refund the ticket, under its own rules. A ticket cannot be transferred to another person.

9. Passenger obligations

• Check the passengers' details, dates and itinerary before confirming the order.
• Hold valid travel documents: a passport and, where required, a visa or transit visa, health-related documents and insurance. Entry and transit rules are set by each country; we provide general information, but the final decision is taken by the airline and the border authorities.
• Arrive at the airport at the time recommended by the airline, usually 120 minutes before departure for international flights and 90 minutes for domestic flights.
• Comply with the airline's requirements, including reconfirmation of the flight where the airline requires it (some airlines require it at least 72 hours before departure).

If the airline or the border authorities refuse a passenger boarding or entry because of incomplete or incorrect travel documents, or if the passenger is late for check-in or boarding, this is outside our responsibility, unless it was caused by our error (for example, data we entered incorrectly). Authorities may refuse entry even to a person holding a valid visa.

10. Baggage, check-in and Smart Connections

10.1. Each airline sets its own baggage rules. The cabin bag and checked baggage allowances are shown when you book. Some fares include baggage; with low-cost and some other airlines baggage is paid separately. You can add baggage when booking or after the ticket is issued, before check-in. The airline may charge an extra fee for exceeding the weight or size limits.

10.2. Some low-cost airlines charge an additional fee for check-in at the airport, so we recommend checking in online before your flight. At your request, and where possible, we can help you check in online; we do not charge for this help. Obtaining, printing where required, and presenting the boarding pass is the passenger's responsibility.

10.3. Smart Connections is a search algorithm that combines separate flights of one or more airlines into a single itinerary. Each flight in such an itinerary is issued on a separate ticket and booking, and the airlines do not link these flights. A delay, cancellation or schedule change of one flight may therefore make it impossible to take the next one, especially when the connection time is short.

10.4. How to request special assistance is described on the page “Rules for passengers with special needs”.

11. Your rights as an air passenger

11.1. In case of denied boarding, cancellation or long delay of a flight, a passenger may be entitled to assistance, a refund of the ticket or compensation:

• when departing from an airport in Georgia, and when flying to Georgia with a Georgian airline, under the rules approved by Order No. 122 of the Director of the Civil Aviation Agency of Georgia of 17 July 2012; in the cases set by those rules, compensation is 250, 400 or 600 euros depending on the flight distance;
• when departing from the European Union, and when flying to the European Union with an EU airline, under Regulation (EC) No 261/2004.

11.2. The airline's liability for lost, damaged or delayed baggage is governed by the international conventions on carriage by air, in particular the Montreal Convention of 1999, where it applies.

11.3. These rights are provided by the operating airline, so you should first submit your claim to it. We give you the airline's contact details, help you send the claim and, if the ticket is refunded because the airline cancelled the flight, we also refund our service fee. If the airline does not satisfy your claim, you may apply to the Civil Aviation Agency of Georgia (gcaa.ge). These Terms do not limit those rights.

12. Liability

12.1. We are liable for performing our own obligations: providing correct information, making the booking, issuing the ticket on time with the data you provided, passing on your requests and the airline's notifications, and refunding amounts in the cases set by these Terms. If our error causes you damage, we will compensate it in accordance with the law.

12.2. The carriage is performed by the airline, which is responsible for operating the flight and for cancellations, delays, schedule changes, on-board service and baggage. We are not a guarantor of the airline. If an airline becomes insolvent, claims for refunds or compensation are made against the airline, unless the law provides otherwise.

12.3. Neither party is liable for failing to perform an obligation if this is caused by force majeure: an unforeseeable event such as a natural disaster, war, epidemic, strike, blockade or a ban imposed by a state, whose occurrence or effects could not be avoided or overcome.

12.4. These Terms do not limit any liability that cannot be limited by law.

13. Complaints

13.1. If you are not satisfied with our service, write to us at [email protected] and include your booking code. We recommend sending your complaint as soon as possible so that the airline's deadlines do not expire. We will confirm receipt and reply within 30 calendar days of receiving it.

13.2. A consumer may also apply to the Georgian Competition and Consumer Protection Agency (competition.gov.ge), to the Civil Aviation Agency of Georgia for matters of air carriage, to the courts or to a mediator. These rights do not depend on first complaining to us.

14. Governing law and disputes

14.1. These Terms and our services are governed by the laws of Romania and the rules of IATA (the International Air Transport Association). If you are a consumer whose habitual residence is in Georgia, this choice of law does not deprive you of the protection given to you by the mandatory provisions of Georgian law, including the Law of Georgia on the Protection of Consumer Rights.

14.2. If a dispute arises, we will first try to settle it by negotiation. A consumer may bring proceedings before the competent courts of Georgia for their place of residence or before the competent courts of Romania. This does not limit the right to apply to the Georgian Competition and Consumer Protection Agency.

15. Personal data

We process your personal data in accordance with the Privacy policy and the Cookie policy published on oozh.ge. We send you marketing messages only with your consent, which you can withdraw at any time. Messages about your booking (confirmation, ticket, schedule changes) are not marketing; we send them to perform the contract.

16. Intellectual property and other provisions

16.1. The content, design and software of oozh.ge, and the copyright and other rights in them, belong to EMA PLUS SOLUTIONS SRL or its partners.

16.2. If any provision of these Terms is held invalid, the remaining provisions remain in force.

Annex. Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To: EMA PLUS SOLUTIONS SRL (oozh.ge), email: [email protected]

I hereby give notice that I withdraw from the contract concluded for the following service: ______

• Booking code: ______
• Order date: ______
• Consumer's first and last name: ______
• Consumer's address: ______
• Email: ______
• Signature (only if submitted on paper): ______
• Date: ______