TERMS AND CONDITIONS
The following terms and conditions serve as a contract between Blacklane GmbH, Feurigstr. 59, 10827 Berlin, Germany (hereinafter referred to as “We, Us, Our”) and the person or entity who will access or use the Service as an end user (hereinafter referred to as “You, Your”) and governs Your use of Our Websites, applications, contents and Service (as defined herein below).
BY SIGNING UP, BROWSING, USING OR ACCESSING THE SERVICE, YOU SIGNIFY THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THESE TERMS, ANY APPLICABLE END USER LICENSE AGREEMENT AND ANY ADDITIONAL TERMS OR FUTURE MODIFICATIONS (COLLECTIVELY "TERMS").
- These Terms have the same force and effect as an agreement signed in writing. By agreeing to the Terms, You represent and warrant to Us: (a) that You have not previously been suspended or removed from the Service and (b) that Your registration and Your use of the Service is in compliance with any and all applicable laws and regulations.
- If You do not agree to these Terms, You may not use the Service.
- Each time You access any content from the Service, You signify Your agreement to the then-current terms.
You will need to register to make use of Our Service. In order to register, You must:
- Provide true, complete and up-to-date registration information about yourself;
- Agree to abide by these Terms; and
- Have legal capacity to enter into contracts.
- We reserve the right to refuse Service or to terminate accounts for any user and to change eligibility requirements at any time.
- You will need to establish a login account to access the Service. The term "login" means the combination of a unique username and password that is used to access Our Service. A login is a license to use the Service for a period of time that is specified.
- We may refuse the use of any login that We determine is unacceptable.
3. ABOUT THE SERVICE , CONTRACTUAL RELATIONSHIP
Our service is comprised of, and limited to, the management, arrangement and procurement of personal airport guidance, provided and performed by independent local service providers (“Local Service Provider”), for an expedited and more comfortable transit in one or more airport(s) during or in connection with Your journey (hereinafter “the Services”). Our service is not comprised of, and does not include the actual provision or performance of the above described airport guidance itself. We act as an intermediary. As such, We manage, arrange and procure the airport guidance for You in accordance with Your booking request regarding dates, times, number of persons etc., subject to availability. For this purpose, We make the necessary arrangements and enter into a contract with a Local Service Provider. This contract is made by Us in Your favour. You are the intended beneficiary of said contract. This is called a “third-party beneficiary contract”. Consequently, You are entitled to demand the Services and other claims directly from the Local Service Provider. The actual service of guiding You through the airport is being performed and provided by a Local Service Provider that is independent of Us. Neither do We provide the Services ourselves, nor do We provide it through subcontracting. You use Us only as an intermediary, an arrangement/procurement partner and not as a direct service provider. Our compensation claim is made up of Our management and arrangement fees as well as the payment made by Us to the Local Service Provider.
4. CANCELLATIONS / REFUNDS
We offer free cancellations or booking changes if You cancel or change Your booking 48 hours before Your scheduled Service. In the event of an airline delay over 3 hours or a flight cancellation by the airline, services paid for will be credited toward a new or revised booking of equal value. If You cancel or change between 48 - 24 hours of Your scheduled Service, a cancel or change fee of $75 USD will be applied. If You cancel or change within 24 hours of Your scheduled Service, no refund will be provided and You will be charged the full booking fee. Should a refund be issued by Us, all refunds will be credited solely to the payment method used in the original transaction. We will not issue refunds by cash, check, or to another credit card or payment mechanism.
5. YOUR RESPONSIBILITIES
You are responsible for the following:
- To keep secure (a) Your login credentials and in particular Your password and (b) all devices that You use to access the Service;
- For all conduct on the Service that is associated with Your login credentials, including without limitation, activities that occur under Your account if others can access Your account through any of Your devices that are lost or stolen.
- You may not share Your login credentials with anyone else, or allow other users to access the Service through Your login and membership account.
- You may not under any circumstances release Your login to any other person, and You are required to keep Your login strictly confidential.
- You understand and agree that We may track through the Use of special software each subscriber's entry to the Service to ensure compliance with these terms.
- You will remain liable for unauthorized use of the Service until We are notified of the security breach by email.
- You agree to assume the responsibility to notify Us immediately if any breach of security, theft or loss of login, or unauthorized disclosure of login information occurs.
6. OWNERSHIP RIGHTS
Copyright law and other intellectual property laws and treaties protect the content and applications offered by or through the Service. The Service includes content owned or controlled by Us as well as content owned or controlled by third parties that are licensed to Us. The respective owners of the content and We reserve all rights not specifically granted to You. You may not reverse engineer, decompile, or disassemble any aspect of the Service. You may not modify, adapt, or create derivative works from the Service. Do not remove proprietary notices. Do not help anyone else to do any of the things prohibited in this paragraph.
7. AUTHORIZATION OF USE
- Provided that You have a valid and active registration, We grant You a single login to access the Service.
- You may not modify, alter, transfer, resell, redistribute, sublicense, display or make derivative works of any materials or content provided on the Service.
- We may in Our reasonable discretion terminate Your login and membership at any time if the Terms are breached.
8. USAGE RULES
You must comply with all laws and these Terms at all times that You are using the Service. You may not violate the rights of others. You are responsible for maintaining at Your own expense the equipment and Internet access that You will need to use the Service. You must back up at Your own expense any data, such as contact information, files and other data that You desire to keep. You may not transmit through the Service any material, or otherwise engage in any conduct that:
- Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- Offers for sale any content or products;
- Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, obscene, pornographic, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Impersonates any person, business or entity, including Our employees and agents;
- Contains viruses, Trojan horses, works, time bombs or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized Use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- Violates the Terms;
- Interferes with the use of the Service by others;
- Engage in the practices of "screen scraping", "database scraping," or any other activity with the purpose of obtaining and/or copying Our database, Our lists of users or other information;
- Modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any legends, notices, or markers, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted in these Terms.
We may take any legal and technical remedies to prevent the violation of the Terms.
9. INTERNATIONAL USE
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which You reside. You must comply with all local laws within the territories that You access the Service.
11. Electronic Messaging
By agreeing to receive Our notifications You are allowing Us to send emails regarding Your account which may include but are not limited to an action You took directly, an action You were a target of, or an inaction on Your part. You can unsubscribe from notifications at any time via the unsubscribe links found on every email or via Your account settings page
By agreeing to receive Our newsletter via double opt-in, or as otherwise permitted by applicable law, You are allowing Us to send You emails or other electronic messages containing news, updates and promotions relating to Our Service. You can unsubscribe at any time via the unsubscribe links found on every email or via Your account settings page
12. LIABILITY PRINCIPLES
We are liable for damage caused by Us or Our vicarious agents or subcontractors either intentionally or due to gross negligence. The Local Service Provider are neither vicarious agents nor subcontractors of Us.
In case of damage caused by simple negligence, We are liable only for breach of fundamental contractual obligations and for foreseeable and typical damage. Fundamental contractual obligations are those which, when fulfilled, enable the proper execution of the contract and upon which You can rely. Limitation of liability does not apply in the context of an express guarantee of condition and quality, in case of intentional harm to life, body, or health, as well as claims under the Product Liability Act.
We provide the Service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of the Service. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WE DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.
14. LIABILITY LIMITATION
WE, OUR OWNERS, EMPLOYEES, REPRESENTATIVES, AGENTS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERYING THE SERVICE, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON YOUR USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE THAT OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $1000. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
16. RELEASE, INDEMNITY
By availing Yourself of Your use of the Service, You agree to release and hold Us and Our employees, officers, directors, shareholders, agents, representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any third-party providers or sources of information or data and legal advisers harmless from any and all losses, damages, rights, claims, and actions of any kind, including reasonable attorneys’ fees and costs, arising from or related to (i) Your use or misuse of the Service, (ii) Your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between You and any third party. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Our defense of such claim.
17. ELECTRONIC AGREEMENT, NOTICE
We transact with Our users electronically and, therefore, We may provide You with required notices and terms electronically, either by sending You an e-mail to the address that You have provided to Us, or by posting a notice on the appropriate web page. By using the Service or registering with Us, You represent that You have the necessary equipment, software and internet access to read, review, print and store any terms or notices that We provide to You. Your affirmative act of (i) accessing or using the Service and/or (ii) registering with Us constitutes Your acknowledgement and agreement with the Terms. You acknowledge that these Terms may not be denied legal effect or enforceability solely because Your agreement to them was formed electronically.
18. CHANGE OF SERVICES
We reserve the right to make changes to the BL Tools for further development and quality improvements in a way that is appropriate to You at any time. In addition, We reserve the right to, with good cause, temporarily or permanently discontinue Our offer through the BL Tools, even without You being informed of this.
19. CHANGE OF TERMS
We reserve the right to change these Terms. Notification of the change is made as a unilateral declaration by publishing the new Terms on Our Website and informing You about this. If You do not object to the new Terms within 14 days of the information being published, the new Terms then apply to You. Continued use of Our Services is then dependent on the acceptance of the Terms by the user.
At any time, and without cause, We may cancel or terminate Your login or membership in Our sole discretion.
21. FINAL PROVISIONS
- These Terms constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
- Amendments and supplements to these Terms must be made in written form. Any waiver of this written form requirement must also be made in writing.
- This Agreement shall be governed exclusively by the laws of the Federal Republic of Germany excluding the rules of conflict of laws and/or the UN Convention on Contracts for the International Sale of Goods (CISG). To the extent permissible by law, Berlin shall be the exclusive place of jurisdiction.
- Should a clause of these Terms or a part thereof be or become ineffective or should there be a regulatory gap that needs to be eliminated, the validity of the remaining clauses of these Terms shall remain unaffected. The parties shall be obligated to replace the ineffective clause, if any, by a clause that comes closest to the legal and economic content and/or intent of such ineffective clause.