General Terms and Conditions (GTC) for TUIfly Vermarktungs GmbH (Operator) for the customer loyalty programme My TUIfly.com (Conditions of Participation)
1. As a member of the My TUIfly.com loyalty programme (hereinafter "Programme"), you (hereinafter "Member") have the opportunity to collect so-called FriendChips when you purchase certain products and services from My TUIfly.com partners ("partner transactions"). The partner transactions may be concluded via the websites of the participating partners ("partner websites"), which may be accessed either via the online partner shop on the website www.tuifly.com ("website") or directly through the partners of the Operator. As soon as the FriendChips are shown up on the My TUIfly.com account as redeemable, Members may redeem them when they book their next flight online so that the flight price is reduced.
2. The following conditions of participation apply for free membership of My TUIfly.com. Membership is restricted exclusively to natural persons aged over 18 and residing in Germany or in another country in which My TUIfly.com is offered.
3. My TUIfly.com is processed online via the website. The Member must decide on a user ID and a password which is used to log into the membership area of My TUIfly.com. It is therefore a further prerequisite of membership that Members may be reached via a valid address for electronic mail ("e-mail"). The Member shall be obliged to notify the Operator of any change to the e-mail address.
4. In order to become a Member, the registration form on the website must be filled in completely and send to the Operator online. There is no other way to register. When registering, the candidate for membership must provide correct, complete and up-to-date data. Any changes to the information provided must be given by the Member immediately, on his/her own responsibility, using the channel provided for this purpose on the website. If the Member fails to fulfil this obligation, he/she shall bear all disadvantages ensuing therefrom.
5. In order to confirm that an account has been opened ("Commencement of membership"), My TUIfly.com will send the Member a customer number at least in text form (e-mail). The Member may also print out a customer card in paper form. If the Operator also issues a customer card in plastic form, this shall remain the property of the Operator and shall be returned to the Operator automatically upon termination of the membership. There is no legal entitlement to membership; the Operator may refuse to grant membership of My TUIfly.com without stating the reason.
6. Only one My TUIfly.com account may be opened per e-mail address. A Member may keep an account for use by several persons; other persons may log in using the user ID and password of another person, if the Member has made this information available to third parties. When giving information to third parties, the Member confirms that he consents to the use of the account by the third party and that this third party fulfils the conditions of membership of My TUIfly.com, in particular that said person is at least 18 years old.
The PASSWORD given by the Member when registering serves as personal identification of the Member, e.g. when logging in or managing the account. In order to avoid abuse, all Members must ensure that no unauthorised third party gains knowledge of the password. In the event of any suspicion of abuse of the password, the Operator shall be informed immediately via servicecenter@TUIfly.com or the contact addresses given on the website. The Operator shall not be liable for any abuse of passwords for which the Operator is not responsible.
1. After commencement of membership, Members may collect FriendChips on their FriendChips account. FriendChips may only be collected for the goods specifically stated on the partner websites and/or for the use of certain services ("partner services") and may only be used for the purposes laid down in these conditions of participation. A list of current partners will be published on the website. Additionally, this information may be published without any obligation in other media (e.g. information brochures, flyers etc.). The number of FriendChips to be credited is subject solely to the conditions of participation and the conditions published on the partner website valid at the time of purchase or availment of service by the Member.
2. My TUIfly.com partners are companies on which the Operator has no direct influence. The Operator can therefore accept no liability for the unrestricted availability of the partners' services (e.g. hotel accommodation, hire cars, etc.), or their due fulfilment. The partners' services may be subject to Terms and Conditions of Business of My TUIfly.com partners.
3. Members of the programme may collect FriendChips from online and offline partners of the Operator. In order to collect FriendChips with online partners, the link on http://www.tuifly.com leading to the My TUIfly.com shopping partner must be used. The My TUIfly.com customer number ("Log-in") must be given so that FriendChips may be credited when the Member makes purchases, bookings or engages in other activities (hereinafter "Online transaction") for which FriendChips are awarded. FriendChips may only be credited for online transactions made by customers residing in Germany or in another country in which My TUIfly.com is offered.
4. FriendChips may be collected for partner transactions with My TUIfly.com offline partners provided this is specified on the website. The customer must use the booking method described on the website of the respective My TUIfly.com partner so that FriendChips may be credited when the Member makes offline purchases, bookings or engages in other activities (hereinafter "Offline transactions") for which FriendChips are awarded. In particular, this may mean that the My TUIfly.com customer number must be entered or quoted when booking or this must be given when making use of the service at the point of service.
5. No FriendChips may be collected for online shopping transactions on partner websites and purchases or orders made directly with the My TUIfly.com partners before becoming a Member.
6. Collecting FriendChips is excluded if the Member is registered as a central buyer for the My TUIfly.com shopping partner, or is an employee or corporate customer of a My TUIfly.com partner, holds a voucher or has a special customer status entitling him/her to special discounts or other reductions on the invoice amount.
7. FriendChips are granted for the respective transaction amount, less VAT, postage and packaging, and any service charges. The number of FriendChips credited is based exclusively on the information given in the partner websites or, in the case of My TUIfly.com offline partners, on the information published by these partners on site. FriendChips may not be collected for the purchase of gift vouchers or services and products which My TUIfly.com shopping partners offer on the partner website in the name of third parties.
8. When the transaction has been concluded, the FriendChips will be provisionally credited to the Member's account. These FriendChips cannot be redeemed. Provisional credit amounts will be marked as such on the Member's account. The FriendChips are finally credited and redeemable about 6 to 8 weeks after the transaction. Any deviations from this are usually the responsibility of the My TUIfly.com partner. If the transaction for which the Member received FriendChips is rescinded at the wish of or by order of the customer (e.g. exchange, cancellation), any FriendChips already credited will be cancelled.
9. The temporary or permanent awarding of FriendChips by third party companies within the framework of a marketing campaign or the acquisition of a service will be published on the website, the partner website or by the partner directly and information may be obtained there.
10. The Operator may stipulate further possibilities for collecting points on the website or advertise in other media.
11. 100 FriendChips are equivalent to 1 euro.
1. The My TUIfly.com partner shall arrange for the FriendChips to be credited to the My TUIfly.com account. In the event of any discrepancies, these should be settled directly and exclusively between the My TUIfly.com partner and the Member. The possibility of subsequent credits is also based on the conditions of the My TUIfly.com partner. More especially, the Operator shall not be liable for the crediting of FriendChips by the My TUIfly.com partner.
2. The My TUIfly.com account and/or a FriendChips credit balance are not transferable and may not be converted into cash and/or paid out in cash. The transfer of FriendChips credits from the My TUIfly.com account of a Member to another My TUIfly.com account or to an account of the Member with another programme is not possible. Neither may points, bonus miles etc. collected in another programme be transferred to a My TUIfly.com account unless the Operator specifically allows this.
1. The conditions for excluding the credit of FriendChips for partner transactions of My TUIfly.com partners are based exclusively on the pertinent conditions of the partners.
2. If the Member is also a Member of another bonus programme entitling the Member to points or similar as a reward for purchases, then the points can only be credited in one programme. If points or similar awarded for a service have already been credited to another programme, these points cannot be credited to the My TUIfly.com account. Any FriendChips on the My TUIfly.com account which have been unjustly credited in the afore-mentioned sense may therefore be deducted again by the Operator.
3. FriendChips for partner transactions which were entered into by persons other than the Member, but booked or ordered under the Member's My TUIfly.com customer number may be credited to the Member's account.
1. FriendChips credited to the My TUIfly.com account which are not redeemed within 36 months from the date on which the service was utilised, expire without compensation.
2. The Operator and the My TUIfly.com partner reserve the right to check at any time that FriendChips have been properly acquired and to deduct any FriendChips from the My TUIfly.com account concerned that have been improperly acquired or have not been acquired in accordance with these conditions.
3. In the event of FriendChips being improperly acquired or not in accordance with these conditions, or if untruthful allegations are made in connection with their acquisition, the Member shall be obliged to compensate the Operator and/or the My TUIfly.com partner fully for any damage incurred. Furthermore, in such event the Operator shall be entitled to terminate membership without notice.
1. The Member may see his/her latest FriendChips balance of account at any time on the website.
2. The Operator shall be entitled but not obliged to send Members statements of account in text form (e-mail).
3. Any complaints in connection with the notification or publication of the balance of account must be lodged in writing within 30 days from receipt of the statement of account or the first publication on the website. After this date the balance of account presented shall be considered as accepted. Where a balance of account has been issued in writing, no copies or replacement statements of such information/documents may be made.
1. All Members may use their FriendChips towards booking flights and other tourist services exclusively on the website as soon as the FriendChips are shown as redeemable on the My TUIfly.com account. The redeemable FriendChips serve to reduce the flight price when booking flights and are set off against the transport charges as well as the ancillary costs of the flight not connected with the transport itself, especially charges (e.g. security fees, airport taxes, passenger fees) and extra charges (e.g. insurance and fuel surcharges). The Member must pay the outstanding flight price or price for other tourist services after the deduction of FriendChips in accordance with the conditions laid down in the General Terms and Conditions of Business and Carriage and the General Terms and Conditions of TUIfly.com.
2. FriendChips may be redeemed after logging in using the Member's My TUIfly.com customer number or user name and password for flights and other tourist services, even if these are not booked for the Member him/herself.
3. Any exceptions and restrictions or special conditions for the redemption of FriendChips will be published on the website.
4. FriendChips may not be redeemed subsequently for any flights or tourist services already booked.
5. Flights are operated subject to TUIfly.com's currently valid General Terms and Conditions of Business and Carriage ("GTCC") and the Special Terms and Conditions of Carriage for the airline operating the flight concerned ("STCC").
1. The Member may terminate the contractual relationship at any time without notice; notice of termination must be given in writing. The Operator must observe a notice period of two weeks when giving notice of termination; such notice must also be given in writing. In this case the My TUIfly.com FriendChips retain their validity for a period of 6 months after receipt of the notice of termination, provided they do not expire earlier in accordance with No. 6, sub-section 1.
2. The parties may also terminate the relationship without notice for good cause in writing. Good cause shall exist for the Operator especially in the event of a serious breach of these conditions and/or the GTCC and/or the STCC by the Member. In this case the FriendChips expire when the Member receives the declaration of termination.
3. The Operator reserves the right to terminate the My TUIfly.com loyalty programme at any time, wholly or partially, or to replace it with another programme and to duly terminate the participants' agreements in such cases pursuant to sub-section 1 sentence 2.
4. These conditions shall continue to apply in order to settle all matters relating to membership after due notice of termination or the termination of the programme. However, the Member shall no longer be entitled to collect FriendChips.
1. The following shall apply in the event of any damage suffered by the Member in connection with membership of My TUIfly.com caused by the Operator and/or its agents:
o In the event of wilful intent, gross negligence or in the event of injury to life, limb or health, the liability shall be unlimited.
o In the event of slight breaches of significant contractual obligations, liability shall be limited to the material and financial damage in the amount of damage that the Operator considers foreseeable and typically occurring. Any further liability for compensation payment shall be excluded in such cases, with the exception of claims under the German Product Liability Act.
2. Liability for flights booked on the website and for which FriendChips were redeemed shall be exclusively subject to the applicable GTCC and STCC.
All personal data in connection with membership of My TUIfly.com shall be collected, used and processed for purposes which serve to implement the programme and in accordance with the valid data protection regulations. This shall also apply to the My TUIfly.com partners. If the Member consented to the use of his/her data for marketing and sales purposes when registering, such consent is voluntary and may be revoked at any time directly through the Operator or by e-mail to email@example.com. Further information on the subject of data protection may be found in the separate data protection notice for My TUIfly.com on the website.
1. The Operator reserves the right to change the list of partners and/or these terms and conditions at any time, wholly or partially, without notice if necessary, at its fair discretion and provided this is not unreasonable for the customer. Members may not assert any claims for damages against the Operator due to changes made necessary as a result of legislation or country-specific regulations.
2. Any alterations and supplements to these terms and conditions shall be announced in writing. They are considered approved if the Member continues to use his/her My TUIfly.com customer number or if the Member does not lodge a written objection within two weeks from publication of the change. This consequence will be specifically stated in conjunction with notification of the change. If the Member objects to the change, his/her membership may be duly terminated by the Operator in accordance with No. 9, sub-section 1.
1. The law of the Federal Republic of Germany shall apply.
2. If the Member does not have a general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction shall be Hanover, Germany. Furthermore, claims may be asserted against a Member at his/her general place of jurisdiction or any other place in which statutory jurisdiction exists.
3. Should any clause in these terms and conditions be wholly or partially invalid, this shall not affect the validity of the remaining clauses. The invalid provision shall be replaced by a legally effective new provision that corresponds as closely as possible to the sense and purpose of the invalid provision. The same shall apply in the case of an omission.
Operator/User: TUIfly Vermarktungs GmbH
Registration No.: HRB 55840 / Court of Registration: Amtsgericht Hannover
As at: 10. November 2009