Terms and Conditions

Definitions

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

‘Airline Partners’: airlines that KLM has designated as airline partners and on whose flights Blue Credits can be earned and Award Tickets can be issued. The BlueBiz website provides an up-to-date list of KLM’s airline partners.

‘Award Ticket’: a KLM ticket (074 document) that can be obtained by redeeming Blue Credits. 

‘Blue Credits’: points earned by Members upon purchasing KLM tickets (074 document) in accordance with these Terms and Conditions. 

‘BlueBiz Balance’: an overview of all of the transactions made by a Member within BlueBiz, resulting in a balance of Blue Credits.

‘BlueBiz Program’ or ‘BlueBiz’: a savings program of KLM via which Members whose employees frequently fly with KLM and/or its Airline Partners can earn and redeem Blue Credits. 

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

‘BlueBiz Registration Number’: the registration number issued to a Contact Person by KLM when the company complies with KLM’s conditions for membership.

‘BlueBiz Service Desk’: the local service desk that Members can contact with any questions they might have about the BlueBiz Program.

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

‘Contact Person’: the person who registers himself as a Member’s contact person during the registration procedure and who has a power of attorney to bind the Member to the BlueBiz Program, and to jointly and severally represent said Member during its membership. 

‘Discount Contract’: the contract entered into between KLM and a company on the basis of which the company receives discounts, savings points and/or advantages from KLM and/or its Airline Partners other then BlueBiz.

‘KLM’: the Koninklijke Luchtvaart Maatschappij NV (KLM Royal Dutch Airlines), with its registered office in Amstelveen, the Netherlands.

‘Member’: a company without a Discount Contract  having established a registered office in South Africa where it has been allocated a validation and which has registered for membership via a Contact Person, using the BlueBiz website.

‘Other Awards’: those awards, other than Award Tickets, offered within BlueBiz.

‘Terms and Conditions’: the terms and conditions governing the contractual relationship between KLM and Members in the BlueBiz Program and applicable to all Members. 

‘Registration Date’: the date on which KLM has submitted an e-mail to the Member confirming his registration to BlueBiz.
 
‘Travel Agent’: an Iata or non-Iata travel agent or tour operator.

General

1. 1When registering as a Member of the BlueBiz Program the Member signifies his consent to these Terms and Conditions and explicitly agrees to be bound thereto. KLM retains the right to change or remove Terms and Conditions, including the savings structure and spending structure and/or to terminate the BlueBiz Program as a whole. Notifications of program changes, including amendments to the Terms and Conditions, shall be made via BlueBiz Publications and shall become immediately effective once announced by KLM.  Members shall be deemed to have accepted a change if they fail to lodge a written protest with KLM within 30 days of notification and/or save Blue Credits during this period. If a Member does not agree to a particular change, it can terminate its membership as described in 1.2.2. KLM shall make every reasonable effort to inform Members of changes to and/or the termination of the BlueBiz Program, but shall not be liable for any loss or damage resulting from said changes and/or termination.
2. 2Without prejudice to the right of either party to prematurely terminate the contract, these Terms and Conditions shall govern the relationship between the parties, even after the contract’s termination. If a Member wishes to terminate its membership, it must immediately inform KLM of this fact and shall no longer be able to save any Blue Credits from this point onwards. Blue Credits saved can be spent up to 2 years after the termination of membership. If KLM terminates the BlueBiz Program, Members will no longer be able to save any Blue Credits once notice of cancellation has been given. In these circumstances, any Blue Credits saved can be spent up to 6 months after termination of BlueBiz. In the event of material misrepresentations, fraud, a material violation of these Terms and Conditions, the abuse of the BlueBiz Program, including the failure to follow program policies, procedures or KLM’s employee’s instructions, or improper conduct of the Member, its Contact Person and/or employees, including any untoward or harassing behavior to KLM, Airline Partners and/or companies affiliated to KLM, KLM shall be entitled to terminate the Member’s membership with immediate effect and/or to cancel the BlueBiz Balance, including cancellation of all accrued and accruing Blue Credits and Award Tickets. If the Member transfers its registered office away from South Africa and/or its VAT number is cancelled, the Member discontinues its business operations due to  (involuntary) liquidation, or ceases  business operations for any other reason, KLM shall be entitled to terminate the Member’s registration with immediate effect and/or to cancel the BlueBiz Balance and all accrued and accruing  Blue Credits.
    
   If a Member has not saved any Blue Credits within a 12-month period, KLM retains the right to terminate the Member’s membership. Where this is the case, Members are no longer able to save any Blue Credits once the notice of cancellation has been issued and any Blue Credits accrued must be spent within 6 months of the termination of membership.
3. 3KLM shall use BlueBiz Publications to inform Members of opportunities to exchange Blue Credits for Award Tickets and Other Awards, which are all subject to availability and capacity control at the time of booking. KLM retains the right to attach additional conditions to Award Tickets and Other Awards at any time, including an additional payment, as well as to make changes and/or increase the amount of Blue Credits needed. KLM shall apply reasonable effort to ensure that Award Tickets and Other Awards, benefits and opportunities to earn Blue Credits being promoted as being available to Members shall actually be available. However, KLM does not guarantee or warrant that such facilities will be available. 
4. 4KLM’s conditions of carriage, as filed with the District Court of The Hague, apply on all KLM flights and shall be made available on request. On Airline Partner flights and/or Other Awards offered by KLM designated partners, the terms and conditions of these parties shall apply. 

Registration

1. 1Only companies without a Discount Contract, having established their registered office South Africa where they have been allocated a validation can register for membership via the BlueBiz website. BlueBiz membership is only possible if a Member has an internet connection and where not more than one Contact Person is designated during the registration procedure.
2. 2Travel agencies, Travel Agents and (affiliated) travel-selling organizations are excluded from membership to the BlueBiz Program.
3. 3Once the registration procedure has been completed on the BlueBiz website, KLM will check whether conditions for membership have been met and inform the Contact Person of membership confirmation or rejection by email as soon as possible. If a company meets the criteria, KLM shall allocate the Contact Person a BlueBiz Registration Number. No more than one registration number shall be issued per Member. 
4. 4BlueBiz membership is not transferable and the Contact Person shall notify KLM immediately of any changes to the Member’s correspondence address, relocation of the Member’s formal registered office away from South Africa, the cancellation of its VAT number, discontinuation of business operations and any change of Contact Person.

Saving Blue Credits

1. 1Members can save Blue Credits on KLM and/or Airline Partner flights, provided the following criteria are met: the KLM ticket (074) was purchased for the account of the Member in the country where the Member is established; the booking class or the fare on the ticket has not been excluded from the program, the KLM ticket is made out in the name of an employee of the Member and the place of departure is situated in South Africa; the flight is operated by KLM and/or one of its Airline Partners and the ticket contains at least one KLM flight number; the employee must be a member of the KLM Flying Blue program and upon booking  a flight, KLM must be informed of both the employee’s Flying Blue membership number and  the Member’s BlueBiz Registration Number before the employee’s ticket is printed. Blue Credits are only credited to the BlueBiz Balance when a flight has actually taken place. 
2. 2Besides Blue Credits awarded to Members, Flying Blue Miles shall be awarded in accordance with the terms and conditions of the Flying Blue loyalty program. Flying Blue Miles may also be earned on Award Tickets issued via BlueBiz. Blue Credits shall not be awarded for those tickets (partially) being paid for by means of Blue Credits and/or Flying Blue Miles. 
3. 3On the BlueBiz Balance, Blue Credits are indicated in the local currency, unless indicated otherwise on the BlueBiz transaction overview, and shall only be awarded to one Member. Blue Credits cannot be exchanged for cash, are not transferable, cannot be sold or exchanged, nor be transferred to other Members’ BlueBiz Balances. Where Members 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 shall be credited to the relevant BlueBiz Balance within a period of 6-8 weeks after the flight flown. 
4. 4Blue Credits shall not be issued to Members retroactively, unless non issuance was caused intentionally or arises out of negligence on the part of KLM, in which case the Member will, at KLM’s request, surrender its ticket to the BlueBiz Service Desk, together with a copy of its boarding pass. The Member’s failure to inform KLM of an employee’s BlueBiz Registration Number and Flying Blue membership number shall be at the risk of the Member.
5. 5Tax liabilities incurred and/or other additional financial obligations arising from BlueBiz and/or resulting from the use of Award Tickets and/or Other Awards are for the account of the Member
6. 6Certain special category fares are not eligible for Blue Credits and have been excluded by KLM from the BlueBiz Program. The BlueBiz website provides an up-to-date list of excluded types of fares. 

Spending Blue Credits

1. 1Except where explicitly stated otherwise, Blue Credits may only be exchanged by the Contact Person and cannot be exchanged in combination with a cash payment, Flying Blue Miles or other advantages obtained from loyalty programs. 
2. 2Blue Credits may be exchanged for Award Tickets on KLM and Airline Partner flights operated as codeshare flights with KLM and provided, in both cases, the place of departure is situated in South Africa Blue Credits are exchanged for Other Awards in accordance with conditions stated in BlueBiz Publications. 
3. 3Award Tickets and Other Awards can be requested using the BlueBiz online award booking tool or by calling the BlueBiz Service Desk, Depending on availability and the booking criteria indicated in BlueBiz Publications. The Award Ticket and/or Other Award will be sent to the Contact Person at the address indicated in the BlueBiz database. Electronic tickets (e-tickets) will be sent by email. In all other cases, tickets will be sent by regular mail. KLM is not liable for any delay, or the loss or non-delivery or incorrect delivery of tickets, e-tickets and/or awards, provided said delay, loss or non-delivery or incorrect delivery cannot be attributed to KLM, as is the case when tickets, e-tickets and/or awards have been delayed or lost by postal services and/or during customs procedures.
4. 4On the BlueBiz Balance, Blue Credits are listed in the local currency (or in the currency KLM tickets are sold) and can be exchanged for an Award Ticket if the amount of Blue Credits 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 ordered, but prior to its actual delivery, KLM shall immediately inform the Member of this fact. KLM shall be entitled to charge the Member for these costs. The Member may pay said costs in cash or by redeeming additional Blue Credits, without prejudice to the Member’s right to cancel its order.
5. 5Blue Credits may be exchanged for tickets being offered to the general public via a CRS, with the exception of reduced-rate tickets, such as non-revenue tickets, military or government tickets, free tickets or award tickets, as well as any other tickets to which the regular retail price does not apply. KLM shall be entitled to exclude booking classes, which shall be notified to Members. 
6. 6Where permitted by the terms and conditions corresponding to a particular booking class, a Contact Person may change and/or cancel Award Tickets via the BlueBiz web site prior to the flight’s departure. Depending on the tariff conditions applicable, costs are attached to any changes made to and/or cancellation of an Award Ticket. Where changes are made to a ticket, KLM shall charge the Member for the costs incurred by deducting Blue Credits and/or requesting the Member to pay an additional cash amount before processing the changes requested. If the Member cancels the Award Ticket, the corresponding Blue Credits shall be reimbursed, after deduction of the corresponding cancellation costs. 

Personal data

1. 1Personal data relating to the participation of the Member and Contact Person (“Personal Data”) in the BlueBiz Program will be processed and used by KLM in accordance with the applicable Dutch data protection regulations such as the Dutch Personal Data Protection Act (‘Wet Bescherming Persoonsgegevens’). KLM has notified the Dutch Data Protection Authority (‘College Bescherming Persoonsgegevens’) on the processing of these Personal Data. 
2. 2Personal Data shall be used and exchanged for the proper performance of the BlueBiz Program. Furthermore, the Personal Data shall be used for KLM’s direct marketing and, or communication purposes. If the Contact Person does not want to receive information on products and services, the Contact Person may notify the BlueBiz Service Desk at any time.

Checks

1. 1KLM retains the right to check membership of the BlueBiz Program at any time, without previously informing the Contact Person thereof. These checks are intended to enable KLM to guarantee compliance with the BlueBiz Terms and Conditions and detect fraud.
2. 2If any inconsistencies and/or violations are detected during a check, KLM shall be entitled to unilaterally suspend the processing of Blue Credits, Award Tickets and Other Awards or advantages until said inconsistencies and/or violations have been resolved to KLM’s reasonable satisfaction. KLM shall be entitled to terminate membership as described in General paragraph (second point).

Liability and applicable law

1. 1KLM and participating companies shall not be liable for unauthorized registration for membership and/or use of the BlueBiz Program 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 Member’s BlueBiz account. The Member 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.  KLM does not accept any liability whatsoever in respect of any damage, death, delay, injury or loss arising out of or in connection with services, awards or benefits provided or not provided by KLM or participating companies in the BlueBiz Program, save to the extent that such damage or loss arises out of negligence by KLM, 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. KLM shall not be liable for any loss or damage resulting from the termination of or the change in the BlueBiz Program or for any withdrawal from the BlueBiz Program by one of the participating companies.
2. 2The BlueBiz Program shall be governed by and construed in accordance with the laws of the Netherlands and any dispute arising out of or in connection with these terms shall be adjudicated by the competent Dutch court, 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 KLM is unable to offer the BlueBiz Program or parts thereof in certain countries or to certain Members. KLM shall not be liable upon acting in conformity with legislation or regulations and retains the right to terminate the contract with the Member and/or cancel Blue Credits.

Complaints

Despite KLM’s carefulness and cautions within BlueBiz, any complaints that a Member may have about BlueBiz or parts thereof may be submitted to the BlueBiz Service Desk. Where a Member wishes to complain about Award Tickets or Other Awards, the Contact Person shall inform the BlueBiz Service Desk of said complaint within 6 months after the use of the Award Ticket and/or Other Award. 

The BlueBiz Service Desk can be contacted via the following address and telephone number:
KLM BlueBiz: +27 11 881 9630
E-mail: bluebiz.jnb@klm.com

Terms and Conditions of the BlueBiz Program (November 2005)