General Conditions of BlueBiz – January 1st, 2018
2.1. Upon becoming a member of the BlueBiz Program, the Member Company accepts the General Conditions of BlueBiz and agrees to respect them. Air France and KLM reserve the right to delete or alter the General Conditions, particularly as they relate to the Blue Credits earning scale, and also to terminate the BlueBiz Program in its entirety. Notification of changes made to the BlueBiz Program, including changes to the General Conditions, are made through BlueBiz Publications and are effective upon notification by Air France and KLM. It is assumed that the Member Company accepts the changes if it does not send a written claim to Air France and KLM within 30 days and/or if it uses its BlueBiz account, earns Blue Credits, or requests a BlueBiz Reward in the BlueBiz Program framework during this period. If a Member Company does not accept a change, it can terminate its contract as outlined in 2.2. Air France and KLM agree to take all necessary measures to inform the Member Company of changes made to the BlueBiz Program or its termination, but Air France and KLM will not held responsible for any loss or damage resulting from changes or termination. 2.2 If a Member Company wishes to terminate its contract, it must inform Air France and KLM immediately by email and will no longer earn Blue Credits. Blue Credits earned previously can be used within 8 months of contract termination. 2.3. If Air France and KLM terminate the BlueBiz Program in its entirety, the Member Company will no longer earn Blue Credits upon notification of termination. In this case, Blue Credits earned previously can be used within 6 months of the termination of the BlueBiz Program. 2.4 The sale, purchase, brokerage, resale, barter or exchange of Blue Credits, BlueBiz Rewards for any compensation is prohibited; violators, including any passenger using a BlueBiz Reward Tickets, Reward Paid Options or Other BlueBiz Benefits, shall be liable for damages and litigation costs. 2.5 In case of false declaration, fraud, violation of the General Conditions, or improper use of the BlueBiz Program, including failure to follow the BlueBiz Program policies and procedures or instructions from Air France and KLM employees, improper management on the part of the Member Company by its Administrator and/or Employees, and notably in case of difficulty, harassment of Air France, KLM, and Participating Airlines and/or companies affiliated with Air France and/or KLM, Air France and KLM may immediately and by full right (i) terminate the contract concluded with the Member Company with immediate effect; (ii) and/or nullify the BlueBiz Statement, thus nullify all Blue Credits earned or BlueBiz Rewards unused ; (iii) and when appropriate, request the payment by the Member Company of the full applicable fare for any segment travelled or Paid Options used on any BlueBiz Reward that have been fraudulently acquired. If the Member Company transfers its head office outside of the membership country, or if the Member Company ceases its activity for liquidation, or any other reason, Air France and KLM may terminate the terms of the contract with immediate effect and/or nullify the BlueBiz Statement and all Blue Credits earned. 2.6. If a Member Company does not earn Blue Credits over a period of 36 months, Air France and KLM reserve the right to terminate the contract with the Member Company. 2.7. Air France and KLM will use BlueBiz Publications to inform the Member Company of all options for converting Blue Credits into BlueBiz Rewards which are subject to availability and to a capability check at the time of booking. Air France and KLM reserve the right to impose additional conditions at any time for obtaining BlueBiz Rewards, notably the right to make changes and/or to increase the number of Blue Credits needed. Air France and KLM will actively verify that the BlueBiz presented to the Member Company as available are, in fact, available. However, Air France and KLM can neither guarantee nor ensure that the above-mentioned advantages will be available. 2.8 In connection with the enforcement of the General Conditions of BlueBiz, Air France and KLM reserve the right to take appropriate legal action as it deems necessary against the Member Company, and may recover damages, attorneys’ fees and court costs. 2.9. The KLM’s general conditions of carriage, as registered with the Court of The Hague, are applicable to all KLM flights and can be found on www.klm.com. The Air France’s general condition of carriage are applicable to all Air France flights and can be found on www.airfrance.com. For flights operated by Participating Airlines and Other Airline Partners, the general conditions of carriage for the concerned airline will apply.
3. Membership Conditions
3.1. Only companies that have not already concluded (and/or are not currently negotiating or concluding) a Commercial Agreement and whose head offices are located in the Country of Membership can sign up for the BlueBiz Program. The company will have to designate an Administrator during the membership process. This Administrator shall be an Employee of the company signing the BlueBiz contract. The company will complete the membership form available on Air France, KLM and Participating Airlines websites or at Travel Agencies. Additionally, the company must accept the General Conditions at this time. Any Employee submitting a membership request form for his or her company confirms that the company has authorized said action. The Administrator’s email address must be provided during the membership process. All communications concerning BlueBiz Program will be sent to this e-mail address. After the enrolment validated, Administrator will be invited to name a second contact person as replacement. 3.2 When registering to BlueBiz Program, the Member Company accepts to receive the BlueBiz Communication which is a basic part of the BlueBiz Program. The Member Company is responsible for providing Air France and KLM with an active email address, mailing address, to obtain its BlueBiz Reference Number, password and BlueBiz communications. If a Member Company changes its email address, mailing address, Administrator and/or second contact person, the Member Company shall notify Air France and KLM in writing or by using the BlueBiz pages on the websites of Air France, KLM or Airline partners, without any undue delay. 3.3. A company shall only submit one application form for the BlueBiz Program and shall obtain only one BlueBiz Reference Number. 3.4. Travel Agencies (and affiliates) are not allowed to sign up for the BlueBiz Program. Employees of Travel Agencies will not be accepted as Administrator on behalf of a company either. 3.5. Once the membership procedures have been performed, Air France and KLM will verify that the conditions to join the BlueBiz Program have been met and will inform the Administrator as soon as possible of the company´s acceptance or refusal by email. The Member Company is responsible for the use of its BlueBiz Reference Number and password. 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 Program. 3.6. The BlueBiz account cannot be transferred, and the Administrator must immediately inform Air France and KLM of any change of address, transfer of its head office outside the Country of Membership, termination of its activities due to liquidation, etc.
4. Conditions for earning Blue Credits
4.1. The Member can earn Blue Credits on Air France, KLM and Participating Airlines and Other Airline Partners flights as further described in BlueBiz Publications. Blue Credits will be rewarded to the Member according to the Blue Credits earning scheme in force on the date of the said flight provided that the following conditions are met: - the ticket is paid by the Member Company and is in the name of an Employee of the Member Company; - the booking class and fare indicated on the ticket are not excluded from the BlueBiz Program; - the BlueBiz Reference Number must be communicated upon booking and must be registered in the booking files. Otherwise, issued tickets cannot be taken into account for earning Blue Credits. Blue Credits will be awarded only after the flight has been flown. BlueBiz Reward do not qualify to earn Blue Credits. 4.2. Flying Blue reward or loyalty program of a Participating Airline do not qualify to earn Blue Credits. 4.3. Blue Credits are valid for 2 full calendar years from the date on which they are credited to the BlueBiz Statement, subject to the conditions defined in article 2 above. 4.4. Blue Credits cannot be divided and have no commercial exchange value; they cannot be reimbursed for a monetary value, and they cannot be transferred nor assigned, whether or not for valuable consideration, to another BlueBiz account. In case of merger or purchase of the Member Company, Blue Credits can only be transferred to another BlueBiz account with express written agreement from the BlueBiz Service Center. Blue Credits are credited to the corresponding BlueBiz account 6 to 8 weeks following the trip, subject to delays for additional treatment by Air France and KLM. The BlueBiz Statement is accessible at any time by the Administrator on Air France and KLM websites. 4.5. If the BlueBiz Reference Number is not communicated during booking, the Administrator can ask for these unclaimed Blue Credits to be credited to their account using the unclaimed credits request form available on Air France and KLM websites, up to 6 months after the flight. Blue Credits can’t be credited if tickets have been flown before the enrolment. 4.6. Tax requirements and/or financial requirements related to BlueBiz and/or resulting from the use of BlueBiz Rewards are the responsibility of the Member Company. 4.7. Some special fares do not grant Blue Credits and are excluded from the BlueBiz Program by Air France and KLM and Participating Airlines. BlueBiz earning scales are provided on Air France, KLM and Participating Airlines websites.
5. Conditions for using Blue Credits
6.1. Personal information related to the participation of the Member Company and the Administrator ("Personal Information”) in the BlueBiz Program are treated and used by Air France and KLM in compliance with applicable regulations on data protection. KLM has informed the Dutch authority on information protection ("College Bescherming Persoonsgegevens") of the treatment of this Personal Information. Air France has informed the French information protection authority ("Commission Nationale Informatique et Libertés" - CNIL) of the treatment of this Personal Information. 6.2. Personal Information are used and exchanged between Air France, KLM, Participating Airlines and Other Airline Partners for the purpose of the proper operation of the BlueBiz Program. Furthermore, Personal Information will be used for direct marketing and communications by Air France, KLM, Participating Airlines and Other Airline Partners. If the Administrator does not want to receive information on products and services, he can inform BlueBiz Service Center at any time. The Administrator also have the right to access and change all information concerning them.
7.1. Air France and KLM reserve the right to verify the validity of the Member Company´s participation in the BlueBiz Program at any time, without informing the Administrator beforehand. These verifications aim to help Air France and KLM guarantee compliance with the General Conditions of BlueBiz program 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 benefits from BlueBiz Rewards, the Member Company shall supply: (i) valid proof of identity; (ii) proof that the tickets were effectively paid by the Member Company and were issued in the name of an Employee of the Member Company; (iii) or any other 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 contract with the Member Company, as indicated in article 2.5. 7.3. If irregularities and/or violations are observed during verification, Air France and KLM are authorized to suspend earning and using Blue Credits, in a unilateral way, until the irregularities and/or violations have been treated satisfactorily for Air France and KLM. Air France and KLM are authorized to terminate the contract as indicated in article 2.5.
8. Responsibility and applicable law
8.1. Air France and KLM cannot be held responsible for unauthorized membership, improper use of the BlueBiz Program and/or fraudulent acts committed by Administrators. In case of irregularity, the Administrator in question must immediately ask BlueBiz Service Center to block the account of their Member Company. The Member Company will be held responsible for all (alleged) improper use of the BlueBiz account, such as the unauthorized use of Blue Credits. Air France and KLM will take no responsibility of any kind for damage, delays, loss, injuries, or deaths related to or resulting from the services or benefits provided or not by AIR FRANCE, KLM, Participating Airlines and Other Airline Partners, unless these damages or losses are caused by negligence on the part of Air France or KLM or an intentional act while knowing that these damages could occur, except for other measures stipulated by the Warsaw Convention (amended version) or the Montreal Convention, depending on the case. Air France and KLM cannot be held responsible for any loss or damage resulting from the termination of the BlueBiz Program or any changes made to it. 8.2. The BlueBiz Program is governed by French law and any resulting litigation will fall into the exclusive jurisdiction of the Tribunal de Commerce of Paris, except for other measures outlined by applicable law notwithstanding the law and jurisdiction applicable to the contract. Local legislation may impede Air France and KLM from offering all or part of the BlueBiz Program in certain countries or to certain companies; Air France and KLM cannot be held responsible when acting in compliance with legislation and reserve the right to terminate contracts with Member Companies and/or nullify Blue Credits. 8.3. These General Conditions are prepared in the French language. Though translated, only the French version is legally binding.