General terms and conditions BlueBiz
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General terms and conditions BlueBiz
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 1,901,231,625 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, Amstel¬veen, 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 Flights’: flights with a designated Air France and/or KLM flight number operated by Air France, KLM 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 BlueBiz Points can be earned and/or Award Tickets can be issued. The BlueBiz website provides an up-to-date list of Airline Program Partners.
‘Award Ticket’: an air ticket on Air France and/or KLM flight number that can be obtained by redeeming BlueBiz Points.
‘Blue Credits’: Points earned by Members upon purchasing Air France tickets (057 documents) and KLM tickets (074 documents) 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 BlueBiz Points.
‘BlueBiz Program’ or ‘BlueBiz’: the corporate loyalty program of Air France and KLM via which Members whose employees frequently fly on Air France and KLM Flights can earn and redeem BlueBiz Points.
‘BlueBiz Publications’: the general name for the communication resources used by BlueBiz to regularly update Members, such as, the BlueBiz website and BlueBiz emails.
‘BlueBiz Membership Number’: the registration number issued to a Contact Person by Air France and KLM when the company complies with Air France and 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.
‘Commercial Agreement’: the contract entered into Air France, KLM 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.
‘Contact Person’: the employee of the Member designated by the Member 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.
‘Effective Date’: the date on which the membership becomes effective and notified to the Member by Air France and KLM by an email confirming its registration to BlueBiz.
‘Country of enrolment': country where Member is established and where Member has been enrolled in 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
‘Member’: a company having chosen to participate in the BlueBiz Program, which fulfils the required conditions set down by Air France and KLM and has registered to BlueBiz.
‘Other Awards’: those awards, other than Award Tickets, offered within BlueBiz.
‘Terms and Conditions’: the terms and conditions governing the contractual relationship between Air France and KLM and Members in the BlueBiz Program and applicable to all Members.
‘Travel Agent’: an IATA or non-IATA travel agent or tour operator.
2.1. When registering as a Member of the BlueBiz Program the Member 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. Members 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 Award or benefit offered within the program during this period. If a Member does not agree to a particular change, it can terminate its membership as described in 2.2. Air France and 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. 2.2 If a Member wishes to terminate its membership, 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 membership.
2.3. If Air France and KLM terminate 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.
2.4. 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’s employee’s instructions, or improper conduct of the Member, its Contact Person and/or employees, including any untoward or harassing behaviour to Air France, KLM, Airline Partners and/or companies affiliated to Air France and/or KLM, KLM and Air France 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 the Country of enrolment and/or its submitted Company validation is cancelled, the Member 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 Member’s registration with immediate effect and/or to cancel the BlueBiz Balance and all accrued and accruing Blue Credits.
2.5. If a Member has not earned any Blue Credits within a 36-month period, Air France and KLM retain the right to terminate the Member’s membership.
2.6. Air France and KLM 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. Air France and KLM retain 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. Air France and 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, Air France and KLM do not guarantee or warrant that such facilities will be available.
2.6. 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
On Airline Partner flights and/or Other Awards 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 register for membership via the BlueBiz website of the Country of enrolment . The Member 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 the membership. The Contact Person’s e-mail is a mandatory information to be provided during the registration procedure. All program related communication will be done through this e-mail address. Member shall inform Air France and KLM without delay of any change in the designation of the Contact Person, address, email or other necessary details pertaining to the Membership.
3.2. Travel agencies, Travel Agents and (affiliated) travel-selling organizations are excluded from membership to the BlueBiz Program. Employees of travel agencies will also not be accepted as Contact Person on behalf of a company.
3.3. Once the registration procedure has been completed on the BlueBiz website, Air France and 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, Air France and KLM shall allocate the Member a BlueBiz Membership Number and send to the Contact Person the BlueBiz Membership Number and password. The Member is responsible for the use of its BlueBiz Membership Number and password. No more than one BlueBiz Membership number shall be issued per Member.
3.4. BlueBiz membership is not transferable and the Contact Person shall notify Air France and KLM immediately of any changes to the Member’s correspondence address, relocation of the Member’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. Members can earn Blue Credits on Air France and KLM Flights, provided the following criteria are met: the KLM ticket (074) or the Air France ticket (057) was purchased for the account of the Member in the Country of Enrolment; the booking class or the fare on the ticket has not been excluded from the program, the KLM ticket or the Air France ticket is made out in the name of an employee of the Member; upon booking a flight, Air France and KLM must be informed of the BlueBiz Membership Number into the reservation before the employee’s ticket is printed. Blue Credits are only credited to the BlueBiz Balance when a flight has actually been flown.
4.2. Besides 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 earned on Award Tickets and Flying Blue 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 membership 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 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 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. Except where explicitly stated otherwise, Blue Credits shall not be issued to Members retroactively, unless non issuance was caused intentionally or arises out of negligence on the part of Air France and KLM, in which case the Member will, at Air France and KLM request, surrender its ticket to the BlueBiz Service Desk, together with a copy of its boarding pass. The Member’s failure to inform Air France and KLM of an employee’s BlueBiz Membership Number shall be at the risk of the Member.
4.6. Tax 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
4.7. Certain special category fares are not eligible for Blue Credits and have been excluded by Air France and KLM 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 and cannot be exchanged in combination with a cash payment, Flying BlueBiz Miles or other advantages obtained from loyalty programs.
5.2. Blue Credits may be exchanged for Award Tickets on Air France, KLM and Program Partners flights as offered in the BlueBiz Award Booking tool on the website of the Country of enrolment, (available for the member after login). Blue Credits may be exchanged for Other Awards in accordance with conditions stated in BlueBiz Publications.
5.3. Award Tickets and Other Awards can be requested using the BlueBiz online award booking tool or by calling the BlueBiz Service Desk, depending on availability of the flights in the Award 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 award booking record. An email will also be sent to the Contact Person to confirm the debit of corresponding Blue Credits from the member's account. In all other cases, Awards 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 awards, 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 awards 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 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 booked, but prior to its actual delivery, Air France and KLM shall immediately inform the Member of this fact. Air France and KLM shall be entitled to charge the Member 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 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. Air France and KLM shall be entitled to exclude booking classes, which shall be notified to Members.
5.6. Where permitted by the fare conditions corresponding to a particular fare basis, a Contact Person may change and/or cancel Award 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 an Award Ticket. Where changes are made to a ticket, Air France and 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 refunded, after deduction of the corresponding cancellation costs.
6. Personal data
6.1. Personal data relating to the participation of the Member 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 such as the Dutch Personal Data Protection Act (‘Wet Bescherming Persoonsgegevens’) and 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 and KLM 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 membership of 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 BlueBiz Terms and Conditions and detect fraud.
7.2. 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, Award Tickets and Other Awards 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 membership as described in 2.4.
8. Liability and applicable law
8.1. Air France, KLM and Airline Partners 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. 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, awards or benefits provided or not provided by Air France, KLM and Airline Partners, 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. 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 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 Air France and KLM are unable to offer the BlueBiz Program or parts thereof in certain countries or to certain Members. 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 Member 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 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.
9.2. BlueBiz contact information is available on Air France and KLM local websites (www.airfrance.com , www.klm.com).