airberlin vouchers

General Terms and Conditions of Business of Air Berlin PLC & Co. Luftverkehrs KG ("airberlin") for the online purchase of vouchers (rev. 09.08.2013)
  


I.     General Terms and Conditions with information about cancellation rights
II.     Special Terms and Conditions applicable to airberlin flight vouchers


I.     General Terms and Conditions

  1. Area of application. These General Terms and Conditions of Business of Air Berlin PLC & Co. Luftverkehrs KG ("airberlin") apply to contracts for the online purchase of vouchers.
  2. Conclusion of contract. By clicking on the "Confirm order and pay" button, the customer is making a binding offer to conclude a contract requiring acceptance by airberlin. Acceptance of the contract by airberlin is effected by airberlin sending the customer confirmation by e-mail on receipt of the customer’s order.
  3. Contracting partner. The customer’s contracting partner is

                 Air Berlin PLC & Co. Luftverkehrs KG

                 represented by Air Berlin PLC, which is represented by its CEO Mr 
                 Wolfgang Prock-Schauer              
                    

              Saatwinkler Damm 42-43
              D-13627 Berlin

              Phone:  0049 - (0)30 3434 3434     
              Fax:     0049 - (0)30 4102 1003
              Internet: www.airberlin.com
     
              email: service-center@airberlin.com

    Commercial reg. no.:    AG [Local Court] Charlottenburg, HRA 23373
  4. Payment. All payments are to be made either by a credit card accepted by airberlin or by bank transfer from a German, Austrian or Dutch bank account to be specified by the customer. Unless otherwise stipulated by the customer, payments will initially be offset against the oldest claims. Any payment that is insufficient to repay the entire debt will initially be offset against any interest incurred, and finally against the primary obligation.
     
  5. Delay of payment. . In the event of delay of payment airberlin is entitled to terminate or withdraw from the contract if no payment has been received in response to a reminder setting a date for payment.  This shall not affect any further legal claims to which airberlin may be entitled. If a credit card company or bank refuses to settle the claim arising from the contract for reasons that are the customer’s responsibility, the customer, subject to this clause 5, shall be required to pay a flat rate of €8 as compensation for the bank’s return debit note. As regards this payment, the customer is free to prove that the airline did not suffer any loss or that the loss incurred was significantly less.
     
  6. Information about cancellation rights

    Right of cancellation

You are entitled to revoke your contractual statement within two weeks in writing (e.g. by letter, fax, e-mail) without stating your reasons for doing so or – if the item has been delivered to you before this period has expired – by returning the item.
The relevant period begins on receipt of this information in text form, but in the case of delivery of goods not before receipt of the goods by the recipient (in cases of recurrent delivery of the same type of goods not before receipt of the first part delivery), in the case of the rendering of services not before conclusion of contract, and in both cases not before fulfilment of our duties to inform in accordance with section 312c (2) of German Civil Code [Bürgerliches Gesetzbuch, BGB] in conjunction with Article 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Act to the German Civil Code [Einführungsgesetzes zum Bürgerlichen Gesetzbuch, EGBGB], as well as our obligations as per section 312g (1), 1st sentence, BGB in conjunction with Article 246 § 3 of EGBGB.

The sending of notice of cancellation or returning of the item is sufficient to comply with the period allowed for cancellation. Notice of cancellation must be addressed to:

Air Berlin PLC & Co. Luftverkehrs KG
Saatwinkler Damm 42-43
D-13627 Berlin
Fax: 49 (0) 30 41 02 10 03
E-mail:
widerruf@airberlin.com


Consequences of cancellation
In the event of valid cancellation, the services received by each party must be returned and any benefits (for example interest) must also be returned. If you are unable to return services or benefits (for example usage benefits) to airberlin or can only do so in part or in deteriorated condition, you must compensate airberlin for any such loss incurred. You must only pay compensation for the deterioration of the goods (and for usage) if the usage or deterioration was caused by handling the goods over and above an inspection of its properties and function. "Inspection of properties and function" means testing the goods concerned in a manner which is possible and normal in a shop, for example. Items which can be sent by parcel must be returned at the risk of airberlin. You must pay the costs of the return if the supplied goods were what you ordered and if the price of the returned items does not exceed an amount of €40 or, if the goods cost a higher price, you have not paid the price or paid an instalment agreed by contract at the time of the cancellation. Otherwise the return will be free of charge for you. Goods which cannot be sent by parcel will be collected from you. Obligations to reimburse payments must be satisfied within 30 days. This period will start for you when you send your notice of cancellation or the goods and for us it will start when we receive either the notice of cancellation or the goods.


Special information

In the event of services your right to cancellation expires early if the contract has been performed in its entirety by both parties in accordance with your express wish before you have exercised your right to cancellation.

End of the information about cancellation rights

7.    Liability. With the exception of injury to life, limb or health, liability under the Product Liability Act [Produkthaftungsgesetz, ProdHaftG] or infringement of major contractual obligations, without the fulfilment of which it would not be possible to perform the contract as required and on the compliance with which the customer can generally rely, airberlin is only liable for damage if caused by gross negligence or with intent.

8.    Data protection.  airberlin will adhere to the applicable data protection regulations of the Federal Data Protection Act [Bundesdatenschutzgesetz, BDSG]. The personal details entered in the booking mask are used by airberlin exclusively to create, settle and implement the contract. On completion of the transaction, airberlin will store the text of the contract electronically in so far and as long as necessary for the purpose of settlement. Further details are regulated in accordance with airberlin’s privacy statement that can be viewed online at airberlin.com.

9.    airberlin Service Center. The airberlin Service Center is available 24 hours a day and can be contacted by telephoning 49 (0)30 3434 3434.

10.  Incorrect information, application of GCC. airberlin does not accept liability for typing errors outside the airline’s control, in particular with regard to the e-mail address to which the required confirmation e-mail is to be sent. Furthermore, if carriage services provided by the airberlin Group are utilised, the General Conditions of Carriage (GCC) of the airberlin Group apply. These can be viewed at www.airberlin.com/abb ». We expressly draw your attention to the special terms that apply to the carriage of dangerous items.

11.    Governing law, legal venue, severability clause. The contract is governed by German law, under exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a trader, a corporate body under public law or a public-sector fund, the place where the registered office of Air Berlin PLC & Co. Luftverkehrs KG is located is the sole legal venue and place of performance. In the event of one or more provisions of these terms and conditions being ineffective, the effectiveness of the remaining provisions shall not be affected.


II.    Special Terms and Conditions applicable to airberlin flight vouchers

1.    Purchase and validity. When you purchase a voucher, the amount shown on the voucher is only available for redemption once airberlin has received payment. If payment is made by direct debit, the voucher will first be activated 7 days after purchase. The voucher is valid for three years from the date of purchase and only applies to bookings made in the same currency. The expiry date is shown on the voucher and is recorded in airberlin’s voucher system. The voucher is valid for all flight bookings and other services bookable via airberlin.com or the airberlin Service Center.

2.    Identification and utilisation.  When you purchase a voucher, you will be given a voucher code and corresponding PIN which you must quote when redeeming the voucher. Only one voucher may be redeemed per booking. The voucher can only be redeemed directly at the time of booking and may not be redeemed subsequent to booking.
The passing on of a voucher (voucher code and PIN) in return for payment in the form of a sale or auction and the duplication or manipulation of the voucher code and PIN is prohibited.
Paper vouchers or vouchers sent in the form of e-mails only represent their face value. The presentation of these does not constitute a claim to redemption. Such a claim only exists upon submission of voucher code and PIN. With the exception of invalid voucher codes and PIN due to an error by airberlin, airberlin shall assume no liability for the loss or theft of the voucher code and PIN. Replacement voucher codes and PINs will only be issued insofar as airberlin assumes liability for their loss.
Please note that for the successful redemption of a voucher the currency of the voucher and the currency selected during the booking process must be identical.

a)    Redemption via the airberlin Service Center. If you make your booking by telephone via the airberlin Service Center, you can redeem your voucher by quoting the voucher code and PIN. Only one voucher can be redeemed per booking.

b)    Redemption via airberlin.com. Vouchers can also be redeemed online directly at the time of booking your flight or purchasing other services at airberlin.com. In this case you will also need your voucher code and PIN.Only one voucher can be redeemed per booking.

3.    Exceeding the value, cash payment. If you exceed the amount shown on your voucher when making a booking, you can pay the balance by bank transfer or by credit card. We are not able to make any payment in cash for the credit value or remaining balance of a voucher. If you are still in credit after making your booking, the remaining balance on your voucher can be offset against your next booking. Please keep the voucher code and PIN to hand for further bookings. Please note that we will not issue a new flight voucher or voucher code for the balance. 

4.    Enquiring about your balance. You can check the current value of your voucher at any time at www.airberlin.com or by calling the airberlin Service Center. In order to do this you will require your voucher code and PIN.images may only be used for private purposes, free of charge, and only in the number required for use as gift vouchers. Any commercial utilisation of the images is prohibited, as is the resale or sub-licensing to third parties. airberlin does not accept liability for the infringement of third-party rights on account of unauthorised use of the images.

5.    Refund. Refunds for services paid for with a voucher can only be made to the voucher originally used for payment. This will not affect the validity of the voucher. It may take up to ten working days for the refunded credit to be available on the voucher. 

6.    Security advice. To safeguard your voucher against unauthorised use, we recommend that you keep airberlin flight vouchers in a safe place and inaccessible to third parties, since anyone can use your voucher code and PIN to book a flight on your credit. If the voucher is passed on, there is the risk that the previous owner of the voucher will use that particular voucher code and PIN as well.

Disclaimer: The images of vouchers are protected by copyright. The images may only be used for private purposes, free of charge, and only in the number required for use as gift vouchers. Any commercial utilisation of the images is prohibited, as is the resale or sub-licensing to third parties. airberlin does not accept liability for the infringement of third-party rights on account of unauthorised use of the images.

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