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BlueBiz Terms and Conditions

AIR FRANCE and KLM in association with Alitalia and Delta Air Lines and the BlueBiz Company agree to enter into the BlueBiz Incentive Agreement, in accordance with the following Terms and Conditions.

BlueBiz Terms and Conditions

1.1. Definitions

Except where explicitly stated otherwise, the terms written with an initial capital letter in these BlueBiz Incentive Agreement Terms and Conditions are defined as indicated below:

'Air France': Société Air France, a limited liability company with a capital of 126,748,775 euros, incorporated under the laws of France, having its registered office at 45, rue de Paris, F-95747 Roissy CDG Cedex, France, and registered with the Bobigny Company and Trade Register under number 420 495 178.

‘KLM’: the Koninklijke Luchtvaart Maatschappij NV (KLM Royal Dutch Airlines), public limited liability company incorporated under the laws of the Netherlands with its registered office at Amsterdamseweg 55, Amstelveen, The Netherlands and registered in the Trade register of the Chamber of Commerce and Industry, Amsterdam, the Netherlands under number 33014286.

‘Alitalia’ Compagnia Aerea Italiana Spa with registered office in Fiumicino, Piazza Almerico da Schio, Italy registered in the Registro delle Imprese di Roma with
n. 1225709. P.IVA 02500880121.

‘AIR FRANCE and KLM and Alitalia Flights’: flights with a designated AIR FRANCE and/or KLM and/or Alitalia flight number operated by AIR FRANCE, KLM, Alitalia or their Airline Partners listed on the BlueBiz website.

‘Airline Programme Partners’: airlines that AIR FRANCE and KLM have designated as airline partners of the incentive Program and on whose flights Blue Credits can be earned and/or air tickets can be issued. The BlueBiz website provides an up-to-date list of Airline Program Partners.

BlueBiz Ticket’: an air ticket on AIR FRANCE and/or KLM and/or Alitalia flight number purchased with Blue Credits, in principle issued on AIR FRANCE (057) documents.

‘Blue Credits’: Credits earned by BlueBiz Companies upon purchasing AIR FRANCE tickets (057 documents), KLM tickets (074 documents) and Alitalia (055 documents) tickets and which can be used to purchase BlueBiz Tickets, in accordance with these Terms and Conditions, thus consisting in a discount on future BlueBiz tickets.

‘BlueBiz Balance’: an overview of all of the transactions made by a BlueBiz Company in accordance with the BlueBiz Incentive Agreement, resulting in a balance of Blue Credits.

‘BlueBiz Incentive Agreement’ or ‘BlueBiz’: the AIR FRANCE and KLM incentive agreement in association with Alitalia, designated exclusively for small and medium sized companies and businesses enterprises whose employees fly on AIR FRANCE, KLM and Alitalia Flights. BlueBiz Companies can earn Blue Credits and use them to purchase BlueBiz Tickets on AIR FRANCE, KLM and Alitalia Flights.

‘BlueBiz Publications’: the general name for the communication resources used by BlueBiz to regularly update BlueBiz Companies, such as, the BlueBiz website and BlueBiz emails.

‘BlueBiz Incentive Agreement Number’: the agreement unique identification number issued to a Contact Person when the company complies with BlueBiz Incentive Agreement Terms and Conditions for entering into the BlueBiz Incentive Agreement.

‘BlueBiz Service Desk’: the local service desk of AIR FRANCE, KLM and Alitalia that BlueBiz Companies can contact with any questions they might have about the BlueBiz Incentive Agreement.

‘BlueBiz Booking tool’: online booking tool on the BlueBiz website facilitating the booking of BlueBiz Tickets.

‘Commercial Agreement’: the contract entered into AIR FRANCE, KLM, Alitalia and a company whose purpose is to define the travel fare conditions and incentives applicable to the company’s staff travelling on AIR FRANCE and/or KLM routes and/or Alitalia routes.

‘Contact Person’: the employee of the BlueBiz Company designated by the BlueBiz Company during the registration procedure and who has a power of attorney to bind the BlueBiz Company to the BlueBiz Incentive Agreement, and to jointly and severally represent said BlueBiz Company during its BlueBiz Incentive Agreement.

‘Effective Date’: the date on which the BlueBiz Incentive Agreement is deemed to be executed and becomes effective as notified to the BlueBiz Company by an email and issuing the BlueBiz Incentive Agreement Number and password for the BlueBiz Company.

‘Company validation’: official identification of a company like VAT number or Chamber of commerce number. The required company validation is clearly stated on the subscription form.

‘BlueBiz Company’: a company having requested to participate in the BlueBiz Incentive Agreement, which fulfils the required conditions set down by AIR FRANCE and KLM in association with Alitalia and has agreed upon the Incentive Agreement Terms and Conditions.

‘Other Incentives’: AIR FRANCE, KLM or Alitalia products, other than BlueBiz Tickets, that can be purchased with Blue Credits as upgrading or extra-baggage fees. Information on Other Incentives can be found on the BlueBiz website.

‘Incentive Agreement terms and Conditions’: the incentive agreements governing the relationship between AIR FRANCE, KLM in association with Alitalia and BlueBiz Companies and applicable to all BlueBiz Companies.

‘Italy’ : Italy including San Marino Republic and Vatican City

‘Travel Agent’: an IATA or non-IATA travel agent or tour operator.


2. General

2.1. When registering its request to enter into the Bluebiz Incentive Agreement, the company signifies its consent to these Incentive Agreement Terms and Conditions and explicitly agrees to be bound thereto.

AIR FRANCE and KLM in association with Alitalia retain the right to change or remove Terms and Conditions, including the earning scheme and conditions for using
Blue Credits. Notifications of programme changes, including amendments to the Terms and Conditions, shall be made via BlueBiz Publications and shall become immediately effective once announced by AIR FRANCE and KLM in association with Alitalia. BlueBiz Companies shall be deemed to have accepted a change if they fail to lodge a written protest with AIR FRANCE and KLM within 30 days of notification and/or uses its BlueBiz account, earns Blue Credits, requests or uses an incentive or benefit offered within the BlueBiz Incentive Agreement during this period. If a BlueBiz Company does not agree to a particular change, it can terminate its BlueBiz Incentive Agreement as described in 2.2. AIR FRANCE and KLM in association with Alitalia shall make every reasonable effort to inform BlueBiz Companies of changes to and/or the termination of the BlueBiz Incentive Agreement, but shall not be liable for any loss or damage resulting from said changes and/or termination.

2.2. If a BlueBiz Company wishes to terminate its BlueBiz Incentive Agreement, it must immediately inform the BlueBiz Service Desk of this fact and shall no longer be able to earn any Blue Credits from this point onwards. Blue Credits earned can be spent up to 6 months after the termination of BlueBiz Incentive Agreement.

2.3. If Air France and KLM, in association with Alitalia and Delta Air Lines, terminate to offer the BlueBiz Incentive Agreement to companies, BlueBiz Companies will no longer be able to earn any Blue Credits once notice of cancellation has been given. In these circumstances, any Blue Credit earned can be spent up to 8 months after termination of BlueBiz Incentive Agreement.

2.4. The sale, purchase, brokerage, resale, barter or exchange of BlueCredits, BlueBiz Ticket or Other Incentives for any compensation is prohibited, Violators, including any passenger who uses a BlueBiz Tickets or Other Incentives, shall be liable for damages and litigation costs.

2.5. In the event of material misrepresentations, fraud, a material violation of these Incentive Agreement Terms and Conditions, the abuse of the BlueBiz Incentive Agreement, including the failure to follow policies, procedures or AIR FRANCE and KLM and Alitalia employee’s instructions, or improper conduct of the BlueBiz Company, its Contact Person and/or employees, including any untoward or harassing behaviour to AIR FRANCE, KLM, Alitalia, Airline Partners and/or companies affiliated to AIR FRANCE and/or KLM and/or Alitalia, AIR FRANCE and KLM in association with Alitalia, shall be entitled to terminate the BlueBiz Company’s contractual relationship with immediate effect and/or to cancel the BlueBiz Balance, including cancellation of all accrued and accruing Blue Credits and BlueBiz Tickets. If the BlueBiz Company transfers its registered office away from Italy and/or its submitted Company validation is cancelled, the BlueBiz Company discontinues its business operations due to (involuntary) liquidation, or ceases business operations for any other reason, AIR FRANCE and KLM in association with Alitalia shall be entitled to terminate the BlueBiz Company’s Incentive Agreement Terms and Conditions with immediate effect and/or to cancel the BlueBiz Balance and all accrued and accruing Blue Credits.

2.6. If a BlueBiz Company has not earned any Blue Credits within a 36-month period, AIR FRANCE and KLM in association with Alitalia retain the right to terminate the BlueBiz Company’s Incentive Agreement.

2.7. AIR FRANCE and KLM in association with Alitalia shall use BlueBiz Publications to inform BlueBiz Companies of opportunities to use Blue Credits to purchase BlueBiz Tickets and Other Incentives, which are all subject to availability and capacity control at the time of booking. AIR FRANCE and KLM in association with Alitalia retain the right to attach additional conditions to BlueBiz Tickets and Other Incentives at any time, including an additional payment, as well as to make changes and/or increase the amount of Blue Credits needed. AIR FRANCE and KLM in association with Alitalia shall apply reasonable effort to ensure that BlueBiz Tickets and Other Incentives, benefits and opportunities to earn Blue Credits being promoted as being available to BlueBiz Companies shall actually be available. However, AIR FRANCE and KLM in association with Alitalia do not guarantee or warrant that such opportunities will be available.

2.8. Summaries are provided to the BlueBiz Company on the basis of the BlueBiz Company’s activity in the programme. Information on the Blue Credit statement, including but not limited to summaries by mail and website, is purely indicative.

2.9. KLM’s conditions of carriage, as filed with the District Court of The Hague, apply on all KLM flights and shall be available on www.klm.com. AIR FRANCE’s conditions of carriage which are available on www.airfrance.com, apply on all AIR FRANCE flights. Alitalia’s conditions of carriage which are available on www.alitalia.com, apply on all Alitalia flights.

On Airline Partner flights and/or Other Incentives offered by AIR FRANCE, KLM and Alitalia designated partners, the conditions of carriage of these parties shall apply.


3. Execution of the Terms and Conditions

3.1. Only companies, without a Commercial Agreement, having established their registered office in Italy and having an estimated potential combined annual revenue for the purchasing of tickets issued by AIR FRANCE and/or KLM and/or Alitalia between € 5,000 and € 100,000 can enter into this BlueBiz Incentive Agreement Terms and Conditions and become a Bluebiz Company via the BlueBiz web pages on the Italian websites of AIR FRANCE, KLM and Alitalia and according to the following provisions.

The company shall designate a Contact Person and not more than one Contact Person during the registration procedure. The Contact Person should be an employee of the company which is requesting to enter into the BlueBiz Incentive Agreement and obtain the BlueBiz Incentive Agreement Number. The Contact Person’s e-mail is a mandatory information to be provided during the registration procedure.

3.2. When registering to the BlueBiz Program, the BlueBiz Company accepts to receive the BlueBiz Communication which is a basic part of the BlueBiz Program. The BlueBiz Company is responsible for providing AirFrance and KLM with a correct email address mailing address and Contact Person for obtaining its BlueBiz Company Number, password and BlueBiz Communication. If a BlueBiz Company changes its email address, mailing address and/or Contact Person, the BlueBiz Company shall notify to Air France and KLM in writing or by means of the BlueBiz website without any undue delay.

3.3. A company shall only submit one application form for BlueBiz and shall obtain only one BlueBiz Company Number.

3.4. Travel agencies, Travel Agents and (affiliated) travel-selling organizations, incentive or convention organizations cannot be accepted as part of, and cannot enter into the BlueBiz Incentive Agreement. Employees of travel agencies will also not be accepted as Contact Person on behalf of a company.

3.5. AIR FRANCE and KLM in association with Alitalia are free to evaluate the position of a company which applies for Bluebiz Incentive Agreement and could discretionally refuse the application for any business reasons or in case of previous negative relationship with AIR FRANCE, KLM or Alitalia (incorrect behavior of company employees or lack of rules respect in previous agreements/contracts).

3.6. Once the registration procedure has been completed on the BlueBiz website, AIR FRANCE and KLM in association with Alitalia will check whether the conditions required have been met and inform the Contact Person of acceptance or rejection by email as soon as possible. If a company meets the criteria, AIR FRANCE and KLM in association with Alitalia shall allocate the Company a BlueBiz Incentive Agreement Number and send to the Contact Person the BlueBiz Incentive Agreement Number and password. Upon receipt by the Contact Person of such mail of confirmation and Incentive Agreement Number and password the BlueBiz Incentive Agreement between AIR FRANCE, KLM in association with Alitalia and the BlueBiz Company is deemed executed.

The BlueBiz Company is responsible for the use of its BlueBiz Incentive Agreement Number and password. No more than one BlueBiz Incentive Agreement number shall be issued per BlueBiz Company. Air France and KLM in association with Alitalia and Delta Air Lines reserve the right to refuse the registration of any company which does not fulfil the required conditions for participation in BlueBiz.

3.7. BlueBiz Incentive Agreement is not transferable and the Contact Person shall notify BlueBiz Service Desk immediately of any changes to the BlueBiz Company’s correspondence address, relocation of the BlueBiz Company’s formal registered office away from Italy the cancellation of its Company validation, discontinuation of business operations and any change of Contact Person.


4. Earning Blue Credits

4.1. BlueBiz Companies can earn Blue Credits on AIR FRANCE, KLM and Alitalia flights in accordance with earning scheme as published on BlueBiz website, provided the following criteria are met: the BlueBiz Company purchased the KLM ticket (074) or the AIR FRANCE ticket (057) or the Alitalia ticket (055); the booking class or the fare on the ticket has not been excluded from the BlueBiz Incentive Agreement, the KLM ticket or the AIR FRANCE ticket or the Alitalia ticket is made out in the name of an employee of the BlueBiz Company; upon booking a flight, AIR FRANCE and KLM and Alitalia must be informed of the BlueBiz Incentive Agreement Number into the reservation before the employee’s ticket is issued. Blue Credits are only credited to the BlueBiz Balance when a flight has actually been flown. Blue Credits cannot be earned on BlueBiz Tickets.

4.2. Besides Blue Credits that can be earned by BlueBiz Companies according to the Bluebiz Incentive Agreement, Flying Blue Miles or Millemiglia or other frequent flyer programmes Miles can be independently accrued by an employee of the BlueBiz Company which is a member of such loyalty programme in accordance with the terms and conditions of the Flying Blue or Millemiglia or other loyalty programmes.
Blue Credits cannot be earned on Flying Blue or Millemiglia or any other award tickets.

4.3. Blue Credits remain valid from the year of accrual plus a period of two (2) full calendar years with effect from the date on which Blue Credits were credited to the BlueBiz Balance, subject to termination of the BlueBiz Incentive Agreement under the conditions defined in article 2 above.

4.4. Blue Credits cannot be exchanged for cash, are not transferable, cannot be sold or exchanged, nor be transferred or assigned, whether or not for valuable consideration, to other BlueBiz Companies´ BlueBiz Balances. Where BlueBiz Companies merge or are subject to take over, the Blue Credits can only be transferred to another BlueBiz Balance upon written consent from the BlueBiz Service Desk. Blue Credits should be credited to the relevant BlueBiz Balance within an average period of 6-8 weeks after the flight flown, subject to additional processing delays.

4.5. If the BlueBiz Customer Reference is not communicated during booking, the Administrator can ask for these unclaimed Blue Credits to be credited to their account until 6 months after the flight using the unclaimed credits request form available on airfrance.com or klm.com.

4.6. Tax liabilities incurred and/or other additional financial obligations arising from BlueBiz and/or resulting from the use of BlueBiz Tickets and/or Other Incentives are for the account of the BlueBiz Company.

4.7. Certain special category fares are not eligible for Blue Credits and have been excluded by AIR FRANCE and KLM in association with Alitalia from the BlueBiz Incentive Agreement. The BlueBiz website provides an up-to-date list of excluded types of fares.


5. Spending Blue Credits

5.1. Except where explicitly stated otherwise, Blue Credits may only be used by the Contact Person for BlueBiz ticket or Other incentive in the name of an employee of the BlueBiz Company and cannot be used in combination with a cash payment; BlueBiz Companies can use Blue Credits after reaching the threshold of 300 Blue Credits. This threshold is required only for the first purchase.

5.2. Blue Credits may be used to purchase by mean of a discount BlueBiz Tickets on AIR FRANCE, KLM and Alitalia and Programme Partners flights as offered in the BlueBiz Booking tool on the websites of AIR FRANCE, KLM and Alitalia for Italy, (available for the BlueBiz Company after login). Blue Credits may be exchanged for Other Incentives in accordance with conditions stated in BlueBiz Publications.

5.3. BlueBiz Tickets and Other Incentives can be requested using the BlueBiz Booking tool or by calling the BlueBiz Service Desk, depending on availability of the flights in the BlueBiz Booking Tool and the booking criteria indicated in BlueBiz Publications. Electronic tickets (e-tickets) details will be sent to the email address filled in the incentives booking record. An email will also be sent to the Contact Person to confirm the debit of corresponding Blue Credits from the BlueBiz Company's account. In all other cases, Incentives will be sent by regular mail.
AIR FRANCE and KLM are not liable for any delay, or the loss or non-delivery or incorrect delivery of tickets, e-tickets and/or Incentives, provided said delay, loss or non-delivery or incorrect delivery cannot be attributed to AIR FRANCE and KLM, as is the case when tickets, e-tickets and/or Incentives have been delayed or lost by postal services and/or during customs procedures.

5.4. Blue Credits are valuated in the local currency: 1 Blue Credit = 1 Euro.
Blue Credits can be used to purchase by mean of a discount a BlueBiz Ticket if the BlueBiz Balance corresponds with the actual commercial value of the ticket, as published in the Computer Reservation System (CRS), including corresponding (airport) taxes and additional surcharges for fuel, security, insurance and/or other surcharges governing the particular flight. If additional taxes and/or surcharges are levied after the ticket has been booked, but prior to its actual delivery, AIR FRANCE and KLM in association with Alitalia shall immediately inform the BlueBiz Company of this fact. AIR FRANCE and KLM in association with Alitalia shall be entitled to charge the BlueBiz Company for these costs.

5.5. Blue Credits may be used to purchase, tickets being offered to the general public via a CRS, with the exception of non-public fares or reduced-rate tickets, such as child fares, non-revenue tickets, infant, military or government tickets, free tickets or award tickets, as well as any other tickets to which the regular retail price does not apply. Air France and KLM in association with Alitalia and Delta Air Lines shall be entitled to exclude booking classes, which shall be notified to BlueBiz Companies.

5.6. Where permitted by the fare conditions corresponding to a particular fare basis, a Contact Person may change and/or cancel BlueBiz Tickets via the BlueBiz Service Desk prior to the flight´s departure. Depending on the tariff conditions applicable, costs may be attached to any changes made to and/or cancellation of a BlueBiz Ticket. Where changes are made to a ticket, Air France and KLM in association with Alitalia and Delta Air Lines shall charge the BlueBiz Company for the costs incurred by deducting Blue Credits and/or requesting the BlueBiz Company to pay an additional cash amount before processing the changes requested. If the BlueBiz Company cancels the BlueBiz Ticket, the corresponding Blue Credits shall be refunded, after deduction of the corresponding cancellation costs. In case of change and/or cancellation of a BlueBiz Ticket only Blue Credits may be refunded, no refund in cash is available.


6. Personal data

6.1. AIR FRANCE, KLM and Alitalia are each data controller of Personal data relating to the participation of the BlueBiz Company and Contact Person (“Personal Data”). Personal data will be processed and used by AIR FRANCE, KLM and Alitalia in accordance with the applicable data protection regulations based on EC Directive 95/46 such as the Dutch Personal Data Protection Act (‘Wet Bescherming Persoonsgegevens’), the French Law of January 7, 1978, as modified by the law of August 6, 2004) and the Italian Legislative Decree n.196/2003 (“Privacy Code”).

6.2. Personal Data shall be used and exchanged between AIR FRANCE, KLM and Alitalia and can be communicated to AIR FRANCE, KLM and Alitalia employees or subcontractors for the proper performance of the BlueBiz Incentive Agreement. Furthermore, the Personal Data shall be used for AIR FRANCE, KLM and Alitalia direct marketing and, or communication purposes related to the BlueBiz Incentive Agreement. The BlueBiz Company will have the right to access, modify, rectify and delete its Personal Data by contacting the BlueBiz Service Desk at any time.


7. Checks

7.1. Air France and KLM in association with Alitalia and Delta Air Lines retain the right to check the eligibility of the BlueBiz Company for a BlueBiz Incentive Agreement at any time, without previously informing the Contact Person thereof. These checks are intended to guarantee compliance with the Incentive Agreement Terms and Conditions and detect fraud.

7.2. Upon request of Air France and KLM in association with Alitalia and Delta Air Lines and in order to check the eligibility of any ticket on which Blue Credits are earned or of any person who benefit from BlueBiz Ticket or Other Incentive, the Member of the BlueBiz Company shall supply any documentation to verify such eligibility.

Failure to do so within a reasonable period as set by Air France and KLM in association with Alitalia and Delta Air Lines will automatically lead to suspension or termination of the BlueBiz Company’s Terms and Conditions as per article 2.5.

7.3. If any inconsistencies and/or violations are detected during a check, Air France and KLM in association with Alitalia and Delta Air Lines shall be entitled to unilaterally suspend the processing of Blue Credits, BlueBiz Tickets and Other Incentives or advantages until said inconsistencies and/or violations have been resolved to Air France and KLM in association with Alitalia and Delta Air Lines reasonable satisfaction. Air France and KLM in association with Alitalia and Delta Air Lines shall be entitled to terminate BlueBiz Incentive Agreement Terms and Conditions as described in 2.5.


8. Liability and applicable law

8.1. AIR FRANCE, KLM, Alitalia and Airline Partners shall not be liable for unauthorized registration and/or use of the BlueBiz Incentive Agreement and/or fraudulent acts committed by Contact Persons. In the event of irregularities, the Contact Person in question shall contact the BlueBiz Service Desk immediately and shall be able to block the BlueBiz Company’s BlueBiz account. The BlueBiz Company shall be responsible and liable for any loss resulting from (the alleged) improper use of a BlueBiz account, such as the unauthorized redemption of Blue Credits. AIR FRANCE, KLM, Alitalia and Airline Partners, do not accept any liability whatsoever in respect of any damage, death, delay, injury or loss arising out of or in connection with services, or benefits provided or not provided by AIR FRANCE, KLM, Alitalia and Airline Partners, save to the extent that such damage or loss arises out of negligence by AIR FRANCE, KLM, Alitalia or Airline Partners, or was caused by it with intent to cause such damage or recklessly and with the knowledge that damage would probably result, except as otherwise provided by the Warsaw Convention (as amended) or the Montreal Convention, whichever is applicable. AIR FRANCE, KLM, Alitalia or Airline Partners shall not be liable for any loss or damage resulting from the termination of or the change in the BlueBiz Incentive Agreement.

8.2. The BlueBiz Incentive Agreement shall be governed by and construed in accordance with the laws of France and any dispute arising out of or in connection with these terms shall be adjudicated by the exclusive jurisdiction of the Commercial Court of Paris, unless otherwise provided for by mandatory rules of law which are applicable irrespective of the law and place of jurisdiction governing the contract.
Local legislation or regulations may imply that AIR FRANCE and KLM in association with Alitalia are unable to offer the BlueBiz Incentive Agreement or parts thereof in Italy or to certain BlueBiz Companies. AIR FRANCE, KLM, Alitalia or Airline Partners shall not be liable upon acting in conformity with legislation or regulations and retains the right to terminate the contract with the BlueBiz Company and/or cancel Blue Credits.

8.3. The language of these Incentive Agreement Terms and Conditions is English. In case of translation of these Incentive Agreement Terms and Conditions, the English shall prevail.


9. Complaints

9.1. Despite AIR FRANCE, KLM and Alitalia carefulness and cautions within BlueBiz, any complaints that a BlueBiz Company may have about BlueBiz or parts thereof may be submitted to the BlueBiz Service Desk. Where a BlueBiz Company wishes to complain about BlueBiz Tickets or Other Incentives, the Contact Person shall inform the BlueBiz Service Desk of said complaint within 6 months after the use of the BlueBiz Ticket and/or Other incentives.

9.2. BlueBiz contact information is available on AIR FRANCE, KLM and Alitalia Italian websites (www.airfrance.it, www.klm.it, www.alitalia.it).

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