BlueBiz Terms and Conditions
General Conditions of BlueBiz – January 1st, 2018
Contents : 1.Definitions 2.General Information 3.Membership conditions 4.Conditions for earning Blue Credits 5.Conditions for using Blue Credits 6.Privacy 7.Audit 8.Responsibility and applicable law 9.Claims
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. 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 a correct email address, mailing address and Administrator, to obtain its BlueBiz Reference Number, password and BlueBiz Communications. If a Member Company changes its email address, mailing address and/or Administrator, the Member Company shall notify Air France and KLM in writing or by using the BlueBiz pages on the B2C 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 agents (and affiliates) or travel organizations 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 rewarded 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 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. The commitment made by AIR France and KLM The personal data of the Administrator, and any second contact person, collected as part of the Member Company’s participation in the BlueBiz Program ("Personal Data") is collected and processed by AIR France and KLM, who are jointly responsible for its processing, in accordance with the applicable regulations on the protection of personal data and specifically the provisions of the French “Informatique et Libertés” Law of 6 January 1978 as amended, the Dutch "Uitvoeringswet Algemene Verordening Gegevensbescherming" Law and the General Data Protection Regulation (EU Regulation 2016/679) or “GDPR”. The respective responsibilities of AIR France and KLM as regards compliance with personal data protection rules for the BlueBiz Program were set out in an agreement. 6.2. The various types of Personal Data processed The personal data of the Administrator collected as part of the Member Company’s participation in the BlueBiz Program is as follows:
- First name;
- Work email address;
- Telephone number;
- FlyingBlue number;
- Date of birth.
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.