General terms and conditions BlueBiz
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BlueBiz General Terms and Conditions
1. Member information
Except where explicitly stated otherwise, the terms written with an initial capital letter in these 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), officea 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.
‘Air France and KLM, Alitalia and Delta Flights´: flights with a designated Air France and/or KLM and/or Alitalia and/or Delta flight number operated by Air France, KLM, Alitalia, Delta or their Airline Program Partners listed on the BlueBiz website.
‘Airline Program Partners´: airlines that Air France and KLM have designated as airline partners 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.
‘ParticipatingCarrier´: an Airline Program Partner participating in the BlueBiz Program, using the BlueBiz Program as its incentive program. Alitalia and Delta are Participating Carriers. This list may be modified at any time
‘BlueBizTicket´: an air ticket on Air France and/or KLM and/or Alitalia and/or Delta flight number that can be obtained with Blue Credits.
‘Blue Credits´: credits earned by BlueBiz Company upon purchasing Air France tickets (057 documents), KLM tickets (074 documents), Alitalia (055 documents) and Delta (006 documents) tickets and which can be used to obtained BlueBiz Tickets, in accordance with these Terms and Conditions.
‘BlueBiz Balance´: an overview of all of the transactions made by a BlueBiz company within BlueBiz, resulting in a balance of Blue Credits.
‘BlueBiz Program´ or ‘BlueBiz´: the Air France and KLM incentive program designated exclusively for businesses, whose employees fly on Air France, KLM, Alitalia and Delta Flights. BlueBiz Companies can earn Blue Credits and use them to purchase BlueBiz Tickets on Air France, KLM, Alitalia and Delta Flights.
‘BlueBiz Publications´: the general name for the communication resources used by BlueBiz to regularly update BlueBiz Company, such as, the BlueBiz website and BlueBiz emails.
‘BlueBiz Company Number´: the registration number issued to a Contact Person by Air France and KLM when the company complies with Air France and KLM´s Terms and Conditions. Upon registration number receipt by the BlueBiz Company, the incentive contract between Air France, KLM and the BlueBiz Company is executed.
‘BlueBiz Service Desk´: the local service desk that BlueBiz Company can contact with any questions they might have about the BlueBiz Program.
‘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, Delta and a company whose purpose is to define the travel fare conditions applicable to the company´s staff travelling on Air France and/or KLM routes and/or Alitalia and/or Delta 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 Program, and to jointly and severally represent said BlueBiz Company during its participation into BlueBiz..
‘Effective Date´: the date on which the BlueBiz Company enter into the Bluebiz Program and the Terms and Conditions becomes effective and notified to the BlueBiz Company by Air France and KLM by an email confirming its registration to BlueBiz.
‘Country of enrolment: ´ country where BlueBiz Company is established and where it entered in to the BlueBiz Program.
‘Company validation´: official identification of a company like VAT number or Chamber of commerce number. The required company validation is clearly stated on the enrolment form of the Country of enrolment.
‘BlueBiz Company´: a company having chosen to participate in the BlueBiz Program, which fulfils the required conditions set down by Air France and KLM and has executed the Terms and Conditions.
‘Other Incentives´: those incentives, other than BlueBiz Tickets, earned within BlueBiz.
‘Terms and Conditions´: the incentive agreements governing the relationship between Air France, KLM and BlueBiz Company in the BlueBiz Program and applicable to all BlueBiz Company.
‘Travel Agent´: an IATA or non-IATA travel agent or tour operator.
2.1. When registering as a company to the BlueBiz Program the company signifies its consent to these Terms and Conditions and explicitly agrees to be bound thereto.
Air France and KLM retain the right to change or remove Terms and Conditions, including the earning structure and redeeming 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 Air France and KLM. BlueBiz Company 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 program during this period. If a BlueBiz Company does not agree to a particular change, it can terminate its Terms & Conditions as described in 2.2. Air France and KLM shall make every reasonable effort to inform BlueBiz Company 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.
2.2 If a BlueBiz Company wishes to terminate its Terms & Conditions, it must immediately inform Air France and KLM 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 8 months after the termination of Term & Conditions.
2.3. If Air France and KLM terminate the BlueBiz Program, BlueBiz Company will no longer be able to save any Blue Credits once notice of cancellation has been given. In these circumstances, any Blue Credit saved can be spent up to 8 months after termination of BlueBiz.
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 Terms and Conditions, the abuse of the BlueBiz Program, including the failure to follow program policies, procedures or Air France and KLM 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, Delta, Airline Partners and/or companies affiliated to Air France and/or KLM, Air France and KLM shall be entitled to terminate the Terms and Conditions with BlueBiz Company 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 the Country of enrolment 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 shall be entitled to terminate the BlueBiz Company ´s 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 retain the right to terminate the Terms & Conditions with the BlueBiz Company.
2.7. Air France and KLM shall use BlueBiz Publications to inform BlueBiz Company of opportunities to convert Blue Credits for BlueBiz Tickets and Other Incentives, which are all subject to availability and capacity control at the time of booking. Air France and KLM 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 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 Company shall actually be available. However, Air France and KLM 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. Delta´s conditions of carriage which are available on www.delta.com, apply on all Delta flights.
On Airline Partner flights and/or Other Incentives offered by Air France and KLM designated partners, the conditions of carriage of these parties shall apply.
3.1. Only companies without a Commercial Agreement, having established their registered office in the Country of enrolment can enter into Terms and Conditions via the BlueBiz website of the Country of enrolment. The BlueBiz Company shall designate a Contact Person and not more than one Contact Person during the registration procedure. The Contact Person shall be an employee of the company which has entered into the Bluebiz Terms & Conditions. 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 are not allowed to participate in the BlueBiz program and are excluded from entering into the BlueBiz Terms & Conditions. Employees of travel agencies will also not be accepted as Contact Person on behalf of a company.
3.5. Once the registration procedure has been completed on the BlueBiz website, Air France and KLM will check whether conditions for becoming a BlueBiz Company have been met and inform the Contact Person of confirmation or rejection by email as soon as possible. If a company meets the criteria, Air France and KLM shall allocate the BlueBiz Company a BlueBiz Company Number and send to the Contact Person the BlueBiz Company Number and password. The BlueBiz Company is responsible for the use of its BlueBiz Company Number and password. No more than one BlueBiz Company Number shall be issued per BlueBiz Company.
Air France and KLM reserve the right to refuse the registration of any company which does not fulfil the required conditions for participation in BlueBiz.
3.6. BlueBiz Terms & Conditions is not transferable and the Contact Person shall notify Air France and KLM immediately of any changes to the BlueBiz Company ´s correspondence address, relocation of the BlueBiz Company ´s formal registered office away from the Country of enrolment the cancellation of its Company validation, discontinuation of business operations and any change of Contact Person.
4. Earning Blue Credits
4.1. BlueBiz Company can earn Blue Credits on Air France, KLM, Alitalia and Delta flights, 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) or the Delta ticket (006) the booking class or the fare on the ticket has not been excluded from the program, the KLM ticket or the Air France ticket or the Alitalia ticket or the Delta ticket is made out in the of an employee of the BlueBiz Company ; upon booking a flight, Air France and KLM and Participating Carrier must be informed of the BlueBiz Company 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 shall not be earned on BlueBiz Tickets.
4.2. Besides Blue Credits given to BlueBiz Company , Flying Blue Miles or Participating Carrier´s frequent flyer program´s miles shall be given to the employees of the BlueBiz Company in accordance with the terms and conditions of the Flying Blue or Participating carrier´s loyalty programs. Blue Credits shall not be earned on Flying Blue or Participating Carrier´s award tickets.
4.3. Blue Credits remain valid for 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 Terms & Conditions 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 Company 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 at Air France and KLM.
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 and Participating Carriers from the BlueBiz Program. 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 exchanged by the Contact Person for BlueBiz ticket or Other incentive in the name of an employee of the BlueBiz Company and cannot be exchanged in combination with a cash payment, Flying Blue Miles or other advantages obtained from loyalty programs.
5.2. Blue Credits may be exchanged for BlueBiz Tickets on Air France, KLM, Alitalia and Delta and Program Partners flights as offered in the BlueBiz Booking tool on the website of the Country of enrolment, (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, as valuated in the currency which is locally used to sell tickets, can be exchanged for an BlueBiz 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 booked, but prior to its actual delivery, Air France and KLM shall immediately inform the BlueBiz Company of this fact. Air France and KLM shall be entitled to charge the BlueBiz Company for these costs.
5.5. Blue Credits may be exchanged for tickets being offered to the general public via a CRS, with the exception of non-public fares or reduced-rate tickets, such as non-revenue tickets, infant, child, 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 and Participating Carriers shall be entitled to exclude booking classes, which shall be notified to BlueBiz Company.
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, KLM, Alitalia and Delta 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. Personal data relating to the participation of the BlueBiz Company and Contact Person (“Personal Data”) in the BlueBiz Program will be processed and used by Air France and KLM 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). KLM has notified the Dutch Data Protection Authority (‘College Bescherming Persoonsgegevens´) on the processing of these Personal Data. Air France has notified the French Data Protection Authority (“Commission Nationale Informatique et Libertés” - CNIL) of the processing of this Personal Data.
6.2. Personal Data shall be used and exchanged for the proper performance of the BlueBiz Program. Furthermore, the Personal Data shall be used for Air France, KLM and Participating Carriers 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.
7.1. Air France and KLM retain the right to check the validity of the BlueBiz Company participation to the BlueBiz Program at any time, without previously informing the Contact Person thereof. These checks are intended to enable Air France and KLM to guarantee compliance with the Terms and Conditions and detect fraud.
7.2 Upon request of Air France and KLM 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 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 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 reasonable satisfaction. Air France and KLM shall be entitled to terminate Terms and Conditions as described in 2.5.
8. Liability and applicable law
8.1. Air France, KLM, and Airline Partners shall not be liable for unauthorized registration 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 BlueBiz Company´s 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 usage of Blue Credits. Air France and KLM 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, Delta and Airline Partners, save to the extent that such damage or loss arises out of negligence by Air France or 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. Air France and KLM shall not be liable for any loss or damage resulting from the termination of or the change in the BlueBiz Program.
8.2. The BlueBiz Program 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 are unable to offer the BlueBiz Program or parts thereof in certain countries or to certain BlueBiz Company. Air France and KLM 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 Terms and Conditions is English. In case of translation of these Terms and Conditions, the English shall prevail.
9.1. Despite Air France and KLM 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 Participating Carriers local websites (www.airfrance.com, www.klm.com, www.alitalia.com, www.delta.skybonus.com )