Terms of service & App End User License Agreement

  1. Introduction

    The following Terms of Service (the " Agreement" or “App End User Licence Agreement” or “AEULA) govern the terms of license and use that apply to the 1Checkin (the “Service”, or 1Checkin Service” or “1Checkin”) mobile and web application (together “the Apps” or “the App”) for use on desktop or mobile devices (such as mobile phones, tablets, PCs, and other devices) including any updates to those applications that we make available for access and download from our website or any third-party application store (Apps). This includes, without limitation, the scheduling of online check-ins and/or other services, the use of flight monitoring and alerts, and any additional services, whether free, paid, or provided on a paid subscription basis (see available paid subscriptions on https://1check.in/#tarifs), as provided or made available by Evocativideas unipessoal lda, ("1Checkin" or "us" or "we"), R. Damasceno Monteiro 42, r/c, dto, 1170-112, Lisbon, Portugal. Please read the terms and conditions contained in this Agreement carefully. You can access this Agreement any time at https://1check.in/tos.html. Your use of and/or registration with the Service will constitute your ongoing acceptance of this Agreement. If you cannot accept this Agreement, please do not use the 1Checkin Service.

    1Checkin reserves the right to modify or replace this Agreement at any time and in 1Checkin’s sole discretion. 1Checkin will indicate at the bottom of this Agreement the date such document was last updated. Any changes will be effective immediately upon posting of the revised version (or such later effective date as may be indicated at the top of the revised Agreement. It is your responsibility to regularly check the 1Check.in website to determine if there have been changes to this Agreement and to review such changes. Your continued use of the 1Checkin Service following the posting of any changes to the Agreement will constitute your acceptance of any such changes. If you do not agree to the changes, you must stop using the Service. Your failure to abide by this User Agreement or any other terms or conditions posted anywhere within the 1Checkin Service may result in suspension or termination of your access to the 1Checkin Service, without notice, in addition to 1Checkin's other remedies.

    By downloading, accessing and/or using any 1checkin application, you confirm that you accept and agree to be bound by these terms and acknowledge that they constitute a legally binding contract between us and you (and, if relevant, any organisation on whose behalf you are acting). If you are acting on behalf of any organisation, you confirm that you have the requisite authority, power and right to fully bind that organisation. If you (or, if relevant, your organisation) do not agree to all of these terms (or if you do not have the right to bind your organisation), you are not permitted to access or use any app, and you should not proceed further.

  2. Scope of Service

    1Checkin offers its users, by acting as a check-in aggregator, through its brand 1Checkin, its website https://1check.in and its mobile IOS and Android application (together, the “1Checkin Services”), to use the service of automated online check-in, subject to availability of online check-in at the respective airline, and if the booking data provided by the user is correct. Furthermore, this includes all other features available within the Service or App, on a free or paid, or paid subscription basis. Users may provide the necessary data necessary for online check-in through forwarding of their booking confirmation(s), and submitting a one-time registration of a protected personal account on the 1Checkin website and/or IOS/Android App, resulting in a protected personal account. The service offered by 1Checkin is supplier-dependent.

    In case of ambiguity or the clashing of several contract languages, English is the determining language.

  3. Access to the Apps

    Apps may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the App concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download any App you wish to download and to access and use each downloaded App.

    You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download an App to that device. You accept responsibility, in accordance with this EULA, for all access to, and use of, any App by you on any device, whether or not it is owned by you.

    You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, any App may charge for internet access (including mobile data usage) on that device.

    We may, from time to time, restrict access to certain features, functions or content of, or services accessible through, a downloaded App or desktop App to users who have registered with us. You are not obliged to register with us, but if you do not do so, you will be unable to use the applicable features, functions or content of, or access the applicable services through, the relevant downloaded or desktop App. You must ensure that any registration details you provide are accurate.

    You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorized use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement or if any details you provide for the purposes of registering as a user prove to be false.

    We cannot and do not guarantee the continuous, uninterrupted or error-free operability of any App or that any App will respond at a certain speed (since this depends on a number of factors outside our control).

  4. Languages

    1Checkin updates its website, web application, app, features and services on a continuous basis, and English is used as the main language of the overall service and updates. 1Checkin does not guarantee availability and correctness of information displayed and information available in any other language for the service. The user therefore accepts that English prevails as main language over any other languages for the 1Checkin service and app, including all communications.

  5. System Requirements; Costs

    Users need a device and an internet connection in order to use the 1Checkin service.

    Forwarding the booking confirmation and the resulting automated check-in request underlie to no extra costs for private individual users up to a limited amount, and unless entered into a paid subscription for a number of check-ins available above the free use availability of check-ins amount, or contract by the user (e.g. travel distributor, or individual person) otherwise.

  6. Check-ins & Check-in Balance

    A certain amount of free check-ins is available to users. 1Checkin reserves the right to change the amount of free check-ins for (new) users, without prior notice, and information about free check-ins per user may be available on the 1Checkin website.

    Users have the possibility to top up their check-in balance, by purchasing either single or packages of check-ins via in-app purchase. 1Checkin may vary the check-in packages available to users to purchase over time without prior notice.

    Once the balance is topped up, and the user has e.g. 10 check-ins available, those check-ins will be allocated to upcoming flights. Only successfully processed check-ins will be deducted from the user’s check-in balance.

    In case more flights (and check-ins) are scheduled than check-ins available to the user on his or her check-in balance, the user will be incentivised to top up his or her balance by purchasing more check-ins.

    One (1) free check-in will be added to a user’s balance every month for free, in case the user checked-in via 1Checkin in the previous month.

  7. Payments & Billing

    You may purchase a Paid Subscription directly from the 1Checkin website or through a third party (e.g. within the App via Appstore) either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the 1Checkin Service for a specific time period (“Pre-Paid Period”).

    1Checkin may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes (e.g. promotional codes), from time to time and will communicate any price changes that affect you to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the 1Checkin Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

    If you register for a Paid Subscription, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the “Cooling-off Period”) in accordance with the following:

    If you sign up for e.g. a 14 days Trial period for 1Checkin, you agree that the Cooling-off Period for the Paid Subscription for which you are receiving a Trial ends fourteen (14) days after you start the Trial. If you don’t cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorize 1Checkin to automatically charge you the agreed price each month until you cancel the Paid Subscription.

    If you purchase a Paid Subscription with no Trial, you authorize 1Checkin to charge you automatically each month until you cancel. You agree that the Cooling-off Period is available for fourteen (14) days after your purchase but is lost once you use the 1Checkin Service during that period.

  8. Extra Services & Additional Service Charges

    Extra services are services and features available to users that have (a) subscribed to one of the 1Checkin premium subscriptions, (b) made available to the user through one-time purchase, or (c) made available to the users due to a special promotion.

    Such services and features may include real-time flight information alerts about terminal/gate/time changes or the Logbook Chat, which enables users to retrieve information about their flights such as the seat map or luggage allowance. Furthermore, via chat, a user may be able to purchase seats or other flight related services (E.g. additional luggage, special meal, transfer service) by linking a credit card to his or her account.

    1Checkin may vary the availability of such extra services over time. 1Checkin reserves the right to do so without prior notice, and does not guarantee full availability and functionality of extra services included in premium subscriptions at all times.

    For extra services available through the 1Checkin App or 1Checkin web application there may occur additional service charges. These extra services include seat upgrades, purchasing seats, class upgrades, cost of extra luggage or special meals, and other extra services available via the service buttons on a given flight card.

    The service charge of EUR 2,- + 7% on the cost of the service is listed separately to the total balance due, payable upon confirmation of purchase by the user via Logbook chat. The additional service charge is applied in order to cover processing costs of the service together with transaction costs resulting due to credit card payments by the user.

    Additional service charges will always be listed and displayed in a clear, transparent way, for the user to understand what he/she will be paying, and with explicit prior confirmation by the user before a purchase can be completed.

  9. Renewal & Cancellation

    Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to 1Checkin or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period, or if you purchased the Paid Subscription through a third party (e.g. Appstore), by canceling the Paid Subscription through such third party. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. If you purchased your Paid Subscription on the 1Checkin website and you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after the Cooling-off Period is over (where applicable), or (2) before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you wish to receive a full refund of all monies paid to 1Checkin before the Cooling-off Period is over, you must contact Customer Support at support@1check.in. When we process any refund, we will refund amounts using the method you used for payment.

    If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Service. If you have purchased your Paid Subscription through a third party, you must cancel directly with that third party.

  10. The user's obligation to cooperate

    Users are required, both during account registration, as well as when using any service provided in the context of the 1Checkin Service, to give complete and truthful information.

    The user has to communicate any unauthorized use of 1Checkin services when he/she identifies such occurring, with regard to his/her account or in general. For this purpose, the user can contact support@1check.in. In the event of intentional refusal to notify or gross negligent ignorance of unauthorized use of his account, the user owes 1Checkin for any resulting damages. The liability for the unauthorized use of services through the user himself or his representative remains unaffected.

    By voluntarily providing the data necessary for the online check-in for a flight by using one of the 1Checkin Services, the user grants 1Checkin and its suppliers, the right to act on behalf of the user to check-in the user for an upcoming flight. The user acknowledges and agrees, that the usage of the automated check-in service, marketed through the 1Checkin brand, can also be performed through authorized suppliers, and user data limited to the personal data that is needed to fulfill the contract (automated check-in) is forwarded to airline websites, which might operate with different Terms of Service and Privacy Standards.

  11. What and how you are allowed to use 1Checkin

    You may only use the Service or Apps for non-commercial, personal use, and only in accordance with this EULA (and in accordance with any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, the App) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.

    Subject to the following sections, you may retrieve and display content from the App on a mobile device and store that App in electronic form incidentally in the normal course of use of your mobile device. Additional terms may also apply to certain features, parts or content of the App and, where they apply, will be displayed on-screen or accessible via a link.

  12. What you are not allowed to do

    Except to the extent expressly set out in this Agreement, you are not allowed to:

    • republish, redistribute or re-transmit the App;
    • copy or store the App other than for your use as permitted by this agreement and as may occur incidentally in the normal course of use of your mobile or PC device;
    • store the App on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the App;
    • remove or change any content of the App or attempt to circumvent security or interfere with the proper working of any App or any servers on which it is hosted;
    • use the App in a way that might damage our name or reputation or that of any of our affiliates; or

    All rights granted to you under this Agreement will terminate immediately in the event that you are in breach of any of them.

    To do anything with the App that is not expressly permitted by this EULA, you will need a separate licence from us. Please contact us, using the Contacting us details at the end of this EULA.

  13. Limited liability towards external service providers, third party vendors, platform providers, and application stores

    Third-party application stores are operated by the relevant third-party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third-party application store from which you download any App. We are not responsible for these stores or (with the exception of the Apps) for anything provided by them and do not guarantee that they will be continuously available.

    Furthermore the 1Checkin Service may make use of- or is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party Devices to make the 1Checkin Service and premium features available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that 1Checkin does not endorse and is not responsible or liable for the successful service purchase, behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does 1Checkin warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service and the 1Checkin premium features.

    Finally, 1Checkin does not guarantee that any of its features (including premium features) are available at all times to the user, or function perfectly, by making use of a third-party vendor services or any services provided by other service providers.

  14. Functionality and content

    You agree that downloading, accessing and use of the Apps which are made available for download free of charge are on an ‘as is’ and ‘as available’ basis and at your sole risk.

    We reserve the right to change the design, features and/or functionality of any App by making the updated App available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download any updated App, but we may cease to provide and/or update content to prior versions of Apps and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.

    Where the App makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to any App, with or without notice to you, if we need to do so for security, legal or any other reasons.

    Whilst we try to make sure that content made available by any App consisting of information of which we are the source is correct, you acknowledge that certain Apps may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by any App is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

    Except as expressly set out in this Agreement, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any features, service, functionality, or content of the 1Checkin App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the services, features, functionality, or content of the 1Checkin App.

    We cannot and do not guarantee that the 1Checkin App or its services, features, functionality, and content will be free from errors or viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of any App and its content.

  15. Non-individual customers, travel agencies, other travel distributors, corporate clients

    1Checkin has the right to limit the availability of the 1Checkin Services to companies with own legal entity, meaning that in case it is detected that an increased number of check-ins is requested by one legal entity, meaning any non-individual customer, travel agency, other travel distributors, or corporate clients, without any written consent by 1Checkin beforehand, 1Checkin reserves the right to impede processing of such check-in service requests. Customers acknowledge that the service offered by 1Checkin through its platform and applications foresees a fee-based cooperation B2B model for corporate clients. Infos can be found at https://1check.in/business.html, or through direct contact to info@1check.in. Cooperation within the 1Checkin B2B segment is based on the terms agreed upon between 1Checkin and the party interested in cooperation, including the purchasing of services from 1Checkin.

  16. Warranty

    The user is aware that unlimited availability of the 1Checkin’s Services, premium features, or extra services is not technically possible. 1Checkin endeavors to keep the 1Checkin Services available as much as possible, at the very least, 90% of the time. Especially included within this is maintenance, safety, and capacity work on the website and Apps, which 1Checkin carries out only as needed and at times of low-usage. In addition, included within this are unrestricted events which lie outside of 1Checkin’s power, especially disruptions to public communications networks and power outages, which could lead to compulsory short-term disruptions or to temporary stoppage of services.

    1Checkin assumes no responsibility for third-party services used for premium features available via a paid subscription, especially not hardware and software in a broader sense used for online check-in, purchase of additional services, on platforms, or the website of each respective airline.

    1Checkin assumes no responsibility for the user of assigned seats or other additional services available by the respective airline. The user can specify his/her seat preferences or order extra services within his/her protected personal account or the app so that preferences can be honored according to the availability of the options on the respective service provider or airline’s portal or website, upon which the 1Checkin Services have no influence.

  17. Liability

    The user is responsible for the correctness and completeness of the data provided on his/her personal account. 1Checkin has no influence on the correctness and completeness of data. 1Checkin assumes no responsibility for the correctness, completeness, or current status of the data. 1Checkin is excluded from liability for damages to the user from a mediation contract, as long as the damage is caused by slight negligence. This does not apply if an obligation was breached, which the contract in accordance with its meaning and purpose must grant or the fulfillment of which make the proper execution of the contract possible and the fulfillment of which the user can regularly rely upon.

    To the extent that 1Checkin’s liability cannot be legally or contractually excluded, the claim for compensation is limited to foreseeable damages (value of the calculated benefit) typical for this type of contract. The liability restrictions shall not apply in cases of injury to life, limb, or health, in cases of gross negligence or intent on the part of employees, agents, or legal representatives of 1Checkin as well as legally provided liability without fault or guarantees granted.

  18. Feedback

    If you provide 1Checkin with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information (“Feedback”), you agree that

    • (a) any and all right, title and interest to such Feedback shall become the exclusive property of 1Checkin,
    • (b) 1Checkin shall be able to use and share such Feedback without your consent, only if 1Checkin does not use your first and last name
    • (c) If you give prior consent, 1Checkin shall be able to use and share such Feedback, while including your first and last name
    • (d) 1Checkin owes you no obligation or compensation whatsoever regarding the Feedback, and
    • (e) 1Checkin may already have contemplated or be contemplating the same or similar ideas as your Feedback.

    If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit such specific Feedback to 1Checkin.

  19. Refunds, and or refunds after account cancellation or termination of the 1CheckinService’s availability

    Unless we state in writing otherwise, all fees and charges are nonrefundable.

  20. Consent for the use of personal data

    The Personal Data 1Checkin collects in order to provide the Service, can be managed (updated, changed, deleted) by users anytime within their personal protected account.

    Depending on the setting of the data privacy settings within a user’s personal protected account, in order for 1Checkin to be able to provide the Service, the user consents to the following collection, processing, and use of data: 1Checkin will only use data received from the user in connection with the use of the 1Checkin Services and its external service providers, including personal information about the user, especially name, phone number, Email address, flight information, including airline, booked routes, booked fare, if applicable, any forms of payment used to book or order additional services or reservations and frequent-flyer memberships, as well as any other data communicated by the user to the 1Checkin services for:

    1. Creation of a user profile,
    2. Sharing important information to the user.
    3. Proxy representation and storage of a submitted reservation confirmation.
    4. The user consents to the named uses implied in item a.
    5. The user thereby instructs 1Checkin to forward personal information necessary for suppliers to check the user in for a flights as soon as possible, or for other service providers in order to be able to provide additional services to the user.
    6. This consent can be revoked at any time, sent to 1Checkin in written form to the contact email address listed in § I.; in such case any saved user data will be deleted, provided that such data must or ought to be saved on legal grounds. The mediation contract expires.
    7. If the user breaches his obligations, 1Checkin has the right to terminate the mediation contract immediately, without notice, without a separate notification. The mediation contract expires through the deletion of user data from the service system and disabling the user account.
  21. Dangerous goods regulations & travel requirements

    By registering with and using 1Checkin, the user actively accepts and confirms the respective dangerous goods regulations of each respective airline. The dangerous goods regulations can be read anytime at the respective airlines homepage regarding the specific booking confirmation provided for the 1Checkin service, apply without exception to every flight for which 1Checkin service is taken under consideration in order to check in or provide additional services. 1Checkin is not responsible for the disregarding of these or any travel requirements which the user must personally fulfill.

  22. Customer service

    The user can get in contact with 1Checkin customer service at any time through the https://1check.in, contact section or via email to: support@1check.in.

  23. 1Checkin Referral Program

    1. Eligibility

      Participants of the 1Checkin Referral Program, meaning the existing 1Checkin user, who is sending the friend referral (“Existing 1Checkin User” ) and the invited friend (“Invited Friend”), must be two different individuals, natural persons and at least 18 years of age, and must reside in countries where 1Checkin is offering their app & services. The 2 (two) reward check-ins will be only credited to the Existing 1Checkin User’s and the Invited Friend’s check-in balances once the criteria listed in Clause 2 are triggered.

    2. Referral bonus

      A referral bonus in form of 2 check-ins (The Reward) can be earned as follows:

      • - The Existing 1Checkin Customer shares his unique referral code (the “Referral Code”) or unique referral link (“Referral Link” ) as provided on the 1Checkin web app or mobile app.
      • - The Existing 1Checkin Customer can start sharing the Referral Code or Referral Link as soon as he has full access to his 1Checkin account; and
      • - The Invited Friend opens a 1Checkin account through the 1Checkin app or website by clicking on the Referral Link or by using the Referral Code when signing up; and
      • - The Invited Friend gets successfully checked in at least 1 (one) check-in by forwarding a booking (as defined in Section 3 below);
      If the conditions in Section 2 are met, the Reward will be credited to the Existing 1Checkin User’s and the Invited Friend’s check-in balances.

    3. Qualifying for Referral bonus

      Qualification means that the Invited Friend uses his or her 1Checkin account for checking-in to at least one flight. The friend needs to forward one or more booking confirmations to flights@1check.in from the email he or she signed up, or enter valid booking data, and hence schedule a check-in manually.

    4. Miscellaneous

      The 1Checkin Friend Referral Program is a courtesy offered by 1Checkin and does not create any legal obligations that may be enforced in front of court. 1Checkin may suspend, terminate or change the terms and requirements of the 1Checkin Referral T&Cs;, including e.g. a user’s ability to participate in the Referral Program or the Bonus amount and country availability, at any time and for any reason. In case of violation of these terms and conditions, 1Checkin may credit back any Reward (check-ins) that were already credited to the Existing 1Checkin User’s or the Invited Friend’s check-in balance.

      We reserve the right to credit the Reward within a 30 day window frame after the Qualifying adding of a booking/creating a check-in has been made. We reserve the right to suspend accounts or reverse Rewards if we notice any activity that we believe is abusive, fraudulent, or in violation of the 1Checkin Terms & Conditions. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.

      Any initiated friend referrals which are still pending after one year will be deleted.

  24. Liability Disclaimer and Limitation Of Liability

    YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND 1CHECKIN, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. 1CHECKIN, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.

    WITHOUT LIMITATION, 1CHECKIN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION INCLUDED IN ANY UPCOMING FLIGHT OR OTHER INFORMATION CREATED OR PROVIDED THROUGH THE SERVICE. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL INFORMATION PROVIDED TO THE SERVICE AND 1CHECKIN SHALL UNDERTAKE NO RESPONSIBILITY FOR DAMAGES CAUSED BY THE INCLUSION OF ERRONEOUS, INCOMPLETE OR OUTDATED INFORMATION IN SUCH ITINERARIES.

    THE AIRLINES, CAR RENTAL COMPANIES, TRANSFER COMPANIES, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF 1CHECKIN OR ITS AFFILIATES. 1CHECKIN DISPLAY THROUGH THE SERVICE OF TRAVEL INFORMATION OF SUCH THIRD PARTIES DOES NOT IN ANY WAY IMPLY, SUGGEST, OR CONSTITUTE ANY SPONSORSHIP OR APPROVAL BY 1CHECKIN OF SUCH SUPPLIER OR ANY AFFILIATE OF SUCH SUPPLIER. YOU AGREE THAT 1CHECKIN IS IN NO WAY RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF INFORMATION IT MAY OBTAIN FROM THESE SUPPLIERS. YOUR INTERACTION WITH SUCH SUPPLIERS IS AT YOUR OWN RISK.

    1CHECKIN AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. CONCUR AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL.

    1CHECKIN, ITS AFFILIATES, AND THEIR RESPECTIVE SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO: THE PROVIDING OF SERVICES HEREUNDER, THE DELIVERY OR NON-DELIVERY OF INFORMATION, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

    YOU HEREBY AGREE TO RELEASE 1CHECKIN, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE.

  25. Service Modification; Termination or Suspension of Access to the Service

    1Checkin has the right to modify the Service at any time without notice, including adding or removing features or functionality. 1Checkin has the right to terminate and/or suspend your ability to access the Service or any portion thereof, for any or no reason, without notice.

  26. Final provisions

    1. Applicable law
      Portuguese law applies to this Agreement and all legal relations between the user and 1Checkin, with the exclusion of the UN Sales Convention and the provisions of International Private Law. The law of the domicile of the consumer can be applicable in business transactions with consumers within the European Union, provided it concerns mandatory consumer rights provisions.
    2. Severability clause
      In the event that any provision of these terms is invalid or unenforceable or should become invalid or unenforceable after the contract is concluded, the validity of the remaining provisions of this agreement remain unaffected. An invalid or unenforceable provision shall be replaced by valid and enforceable provisions, which come as close as possible to the economic objectives which the parties of the contract intended with the original invalid and/or unenforceable provision.

Updated March, 2019

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