conditions for topbonus Service Card

02.05.2015
General Terms and Conditions of Air Berlin PLC & Co. Luftverkehrs KG (“airberlin”)
for the Purchase of the topbonus Service Card
(“topbonus service card GTC”)
(as of 13.11.2015)
I.
General Conditions
1. Scope of application. These General Terms and Conditions of Air Berlin PLC & Co. Luftverkehrs
KG (“airberlin”) shall apply to all contracts concluded between airberlin and its customers which do
not relate to bookings or other transport services to be rendered at a specific time or within a
specified period. They lay down the conditions for the purchase and/or sale of the topbonus
Service Card (“topbonus Service Card GTC”). airberlin reserves the right to change the products
and services of the topbonus Service Card considering the interests of the customers. airberlin will
endeavour to inform the customer about any changes.
2. Conclusion of contract. If the customer makes use of the online or telephone marketing system,
topbonus Ltd. (hereinafter “topbonus Ltd.”) acts as an intermediary between airberlin and the
customer. When using the online marketing system, the customer places a firm offer to conclude
the contract by clicking the “order” button; when using the telephone marketing system, the order
declaration is provided verbally. Such orders are subject to acceptance by airberlin, which is
provided by sending a confirmation email following the customer's order, or by mailing the
topbonus Service Card by post (conclusion of contract). If purchased at airberlin's ticket offices,
the contract takes effect upon handover of the purchase confirmation by a member of airberlin's
staff.
3. Contractual partner. The customer's contractual partner is Air Berlin PLC & Co. Luftverkehrs
KG, represented by Air Berlin PLC, which in turn is represented by Stefan Pichler, Saatwinkler
Damm 42-43, D-13627 Berlin.
4. Payment. All payments are made either by means of a credit card
direct debiting using a German, Austrian or Dutch bank account to
Unless otherwise specified by the customer, payments will initially
claims. Any payment that is insufficient to repay the entire debt will
interest, if any, and finally against the primary debt.
acceptable to airberlin or by
be named by the customer.
be offset against the oldest
initially be offset against the
5. Default in payment. In the event of a default in payment, airberlin is entitled to terminate the
contract and/or to withdraw from it if the additional period allowed for payment has expired without
effect. Any further legal claims and rights, which airberlin may have, remain unaffected. If a credit
card institute or a bank refuses to honour the payment required under the contract due to reasons
the customer is responsible for, the customer shall be required, subject to this clause 5, to pay a
lump sum of EUR 8.00 / USD 10.00 / CAD 11.00 as compensation for the bank's debit note. The
customer is free to prove that airberlin did not suffer any loss or that the loss incurred was
significantly less.
6. Cancellation instructions for purchases made via the internet and telephone (“distance
marketing”)
Cancellation instructions
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reasons. The
cancellation period is fourteen days and begins on the day of receipt of the Service Card by you or a
third party indicated by you other than the carrier.
In order to exercise your right to withdraw from the contract you must inform us (Air Berlin PLC & Co.
Luftverkehrs KG, represented by Air Berlin PLC, which in turn is represented by Stefan Pichler,
Saatwinkler Damm 42-43, D-13627 Berlin, fax: 0049 - (0)30 4102 1003; online: www.airberlin.com;
email: [email protected]) to this effect giving a clear statement (e.g. by letter, fax or email). You
may use the enclosed cancellation form, but you are not obliged to do so.
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To comply with the time limit, it is sufficient that the communication concerning the exercise of the right
of withdrawal is sent in good time.
Consequences of cancellation
If you cancel the contract, we shall refund all payments received from you, including the delivery costs
(except for any additional cost due to your having chosen a form of delivery other than the most
reasonable standard form offered by us), without delay and no later than fourteen days after our
receipt of your cancellation notice. We shall use the same means of payment for this reimbursement
that you used for the original transaction unless otherwise expressly agreed. Under no circumstances
shall we charge you a fee for such repayment.
We may withhold the reimbursement until we have received the unused Service Card back, or you
have supplied evidence of having sent back the unused Service Card, whichever is the earliest.
You have to return the unused Service Card without delay and by all means no later than fourteen
days after our receipt of your cancellation of this contract. The deadline is met if the Service Card is
dispatched before the period of fourteen days has expired. You shall bear the direct costs of the
return.
You shall only have to compensate any loss in value of the Service Card, if such loss is due to any
handling of the Service Card by you which has not been necessary for checking the condition,
characteristics and functions of the card. If you have already used the Service Card within the
cancellation period for booking a flight, you must pay a reasonable sum which corresponds to the
portion of services used until the point that you inform us about your exercise of the right of withdrawal
as compared to the total volume of services to be provided according to the contract.
End of cancellation instructions
Sample cancellation form
If you wish to cancel the contract, please send this message with appropriate supplements to:
Air Berlin PLC & Co. Luftverkehrs KG Saatwinkler Damm 42-43, D-13627 Berlin, Germany; fax:
+49 (0) 30 41 02 10 03, email: [email protected]
I/we (*) hereby cancel the contract to purchase the following Service Card(s)
Ordered on (*)/received on (*):
Your name:
Your address:
Date:
(*)Delete as appropriate.
7. Liability. airberlin shall only be liable for damages due to intention or gross negligence, with the
exception of the injury of life, body and health, and the liability under the product liability law, or
breach of significant contractual duties whose fulfilment is essential to the proper execution of the
contract in question and on whose fulfilment the customer may ordinarily rely.
8. Data protection. The provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz)
are observed by airberlin. The personal data entered in the booking screen are only used by
airberlin for the creation, settlement and performance of the contract. After the transaction has
been concluded, airberlin saves the contract electronically in so far and as long as this is
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necessary for settlement purposes. Details are available in airberlin's data protection rules
available on its website airberlin.com.
9. Service Center. The airberlin Service Center is accessible 24 hours a day. It can be reached at
the telephone number +49 (0)180 6 334 334 (german dom. 0,20 € per call) or the corresponding
phone number for your country (http://www.airberlin.com/en-GB/site/airberlin_service_center.php),
the fax number +49 (0)30-4102 1003, by e-mail at [email protected] or at the postal
address Air Berlin PLC & Co. Luftverkehrs KG, Serviceteam, Saatwinkler Damm 42-43, 13627
Berlin, Germany.
10. Incorrect information, application of the GTC/GTCC. airberlin shall assume no liability for
typing errors it is not responsible for, in particular with regard to the email address for receipt of
the required confirmation mail. Moreover, if the transport services of the airberlin Group are made
use of, the General Terms and Conditions of Carriage of the airberlin Group shall apply. airberlin
explicitly calls your attention to the special conditions for the carriage of hazardous goods.
11. Applicable law, place of jurisdiction. German law applies to the exclusion of the U.N.
Convention on the International Sale of Goods. If the customer is a merchant, a legal entity under
public law, or a special fund under public law, the place of business of Air Berlin PLC & Co.
Luftverkehrs KG shall be the exclusive place of jurisdiction and place of fulfilment. For contracts
with an objective which cannot be assigned to the customer's professional or commercial activity
(contracts with consumers) this choice of law applies only to the extent that the protection granted
by the mandatory provision is not withdrawn through compulsory regulations of the law of the
country where the consumer has his/her usual residence.
12. Severability clause. Should individual clauses of these General Terms and Conditions, including
these rules, be or become invalid, in whole or in part, or should they be incomplete, this shall not
affect the validity of the other clauses or parts of such clauses. Instead of the invalid or missing
terms the respective legal regulations shall come into effect.
II.
Special conditions for topbonus Service Card
1. Eligibility criteria. Subject to availability, the topbonus Service Card may be bought at the current
price published at www.airberlin.com/topbonus. It may be bought by individuals resident in
Germany or in a country where the topbonus Service Card is offered for sale and who are
participants in the topbonus program run by topbonus Ltd (hereinafter called “topbonus program”).
Another condition for the purchase of a topbonus Service Card is the possession of a valid
topbonus card number from the topbonus program and a password.
2. Application of the conditions of participation of the topbonus loyalty program. The use of
the topbonus Service Card is subject to the topbonus conditions of participation for the topbonus
program available on the website www.airberlin.com/topbonus. The topbonus conditions of
participation shall remain unaffected by these topbonus Service Card GTC for the purchase of the
topbonus Service Card.
3. Use of the topbonus Service Card. The advantages offered by the topbonus Service Card (see
www.airberlin.com/servicecard) are available for flights operated by airberlin or NIKI (“operated by
AB / NIKI”). This does not include flights which are bookable at www.airberlin.com but are
operated by an airline partner of airberlin within the framework of a “codeshare” (e.g. American
Airlines, British Airways, Iberia and other airlines).
The advantages are applicable to the fares JustFly, FlyDeal, FlyClassic, FlyFlex, FlyFlex+ as well
as to the Business Class, if the topbonus Service Card is purchased at least 24 hours prior to the
date of departure and it is valid during the respective booking and travel period (date of departure).
There must also be a period of 24 hours between purchase and first usage of the card to book
extra services. Discount benefits can be booked until 30 hours prior departure. The advantages
are not applicable to flights with a date of departure after expiry of the validity period of the Service
Card. This is also true for a retrospective application of the advantages to flights already taken or
bookings with optional extras that are effected prior to its purchase, and for an accumulation of
these advantages with those of the topbonus Silver, Gold or Platinum Card of the topbonus
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program. Details on the applicability of the advantages of the topbonus Service Card are available
at www.airberlin.com/servicecard.
4. Validity of the topbonus Service Card. Subject to written agreements to the contrary, the
topbonus Service Card is valid for 12 months. The Service Card is not extended automatically but
upon the participant's request.
5. Cancellation of the topbonus Service Card. A topbonus Service Card purchased by the
customer may be terminated extraordinarily by both parties for cause during the term of validity.
There shall be cause if, in consideration of all circumstances in the specific case and after having
weighed up both interests, the continuation of the contractual relationship until the end of the
contract cannot be reasonably expected of the party giving notice of termination. In addition,
airberlin has the right to cancel the topbonus Service Card upon termination of the topbonus
program of topbonus Ltd. or upon termination of individual or all services of the topbonus Service
Card by giving three months' notice to the end of a month. In this event, the purchase price will be
refunded to the participant on a pro-rata basis. Ordinary termination of the topbonus Service Card
by the participant is excluded.
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