General Terms and Conditions of Business, “FlyMeTo”Correct as at: 1 November 2015
The following General Terms and Conditions of Business (“AGB”) shall apply to all services provided on the website http://FlyMeTo.austrian.com and used by you. The website http://FlyMeTo.austrian.com shall be operated by Austrian Airlines AG, Office Park 2, Postfach 100, 1300 Wien-Flughafen (“Austrian Airlines”).
General Terms and Conditions
- Austrian Airlines shall offer people the opportunity to organise group gifts using the website http://FlyMeTo.austrian.com in the form of Austrian Airlines vouchers, and/or to contribute to such group gifts. To gain access to the website http://FlyMeTo.austrian.com, a registration (“FlyMeTo Account”) shall be necessary by providing the e-mail address or by using social networks such as Facebook, Twitter or Google Plus.
- A person organising a group gift (the “Organiser”) shall be able to invite his own friends or the friends of the person receiving the gift (the “Recipient”) to contribute to a group gift using the FlyMeTo Account set up by the Organiser. The Organiser shall also be able to organise a group gift for himself and enter himself as the Recipient. If someone contributes to the group gift, he shall become the person donating the gift (the “Donor”).
- The services of Austrian Airlines shall consist of mediating a donation contract between the Donor and the Organiser on the one hand, and issuing a voucher to the Organiser on the other.
- The Organiser shall receive the amounts paid in by the Donors in the form of a voucher from Austrian Airlines (“voucher”). The Donors shall pay in their proportion of the gift using their FlyMeTo Account, thereby donating this to the Organiser of the group gift. Austrian Airlines shall convert the amounts paid in into a voucher on behalf of the Donors. This order shall be placed by the Donors by paying the amount into the FlyMeTo Account. Finally, if the Recipient and the Organiser are not one and the same person, the Organiser shall give the voucher to the Recipient.
- It shall be the responsibility of the Organiser to use the money collected for the purpose specified by him, and to arrange the dispatch or delivery of the voucher to the Recipient.
Redeeming the Austrian Airlines Voucher
The Recipient shall be able to redeem the Voucher according to the Austrian Airlines Voucher Terms and Conditions. These can be retrieved via the following link: http://www.austrian.com/Info/Book/AustrianVoucher_Terms.aspx?sc_lang=de&cc=AT
Preconditions of Usage of the FlyMeTo Platform
- A registration shall be necessary to be able to use the services of the FlyMeTo platform as the Organiser of a group gift or as the Donor. Registration shall be free of charge for all users.
- Registration shall be exclusively reserved for private persons. The user shall have to be of legal age to contribute to a group gift. Austrian Airlines shall reserve the right to check the personal details of users. Registrations on the FlyMeTo platform shall not be transferable.
- The user shall have to consent to these General Terms and Conditions of Business, the Austrian Airlines Voucher Terms and Conditions and the Austrian Airlines Data Protection Regulations to use the services of the FlyMeTo platform.
- As soon as Austrian Airlines accepts the user registration, the user shall receive a confirmation message by e-mail. Austrian Airlines shall reserve the right to reject registration without providing reasons for doing so.
- Once registration has been concluded successfully, the user shall be able to use the services provided by the FlyMeTo platform, and either create his own group gift or contribute to an existing group gift.
- The user shall be under a duty to provide truthful, current and complete details in the registration, and to keep the details current and correct at all times. The user shall also be under a duty to keep secret the password he has selected, and to notify Austrian Airlines if it suspects the unauthorised use of its user account. If it suspects a FlyMeTo account is being abused, every user shall be under a duty to notify Austrian Airlines immediately using the following contact form: http://www.austrian.com/contact.
Creating a Group Gift
- The Organiser shall click on “Create gift” at the website of the FlyMeTo platform to create a group gift. If the Organiser is not yet a registered user, he shall now have to register.
- The Organiser shall now design his FlyMeTo gift – he shall name himself, choose the gift, create a description, name the Recipient (himself or a third party), set a date by when it is possible to contribute to the group gift (a maximum of 180 days in the future), and be able to upload photos.
- After the Organiser has provided the necessary group gift details, he shall be able to invite third parties to contribute to the group gift via Facebook and/or by sending them e-mails. As long as the group gift is “active”, every invited user of the active group gift shall be able to invite other users to contribute with them. The Organiser shall also be able to pay money into the FlyMeTo gift; this is not necessary to create a group gift, however.
- After the period of time defined for the group gift has expired, Austrian Airlines shall create a voucher and notify the Organiser by e-mail. The Organiser shall click on the “Collect voucher” link, and be issued with the Voucher. If the amounts paid in by the Donors do not reach the value of the voucher originally selected by the Organiser, the Organiser shall still be able to request the voucher up to the value of the amounts actually paid in up until that point. The Organiser shall receive the voucher code by e-mail.
- The Organiser shall be able to inform all the contributors to the group gift by e-mail or via Facebook that he has collected the contributions to the FlyMeTo gift. He shall also be able to view and print off a greetings card for the Recipient.
Contributing to a Group Gift
- A user who decides to contribute to a group gift shall be able to contribute money directly to an active group gift when he has been invited to the group gift by a FlyMeTo user.
- When the user has selected an active group gift and registered as a user, he shall be able to define how much he would like to contribute, choose a payment provider and make the payment. The Donor may incur payment costs, depending upon which payment provider he chooses. These costs shall be displayed to the Donor before he confirms the payment. When the payment process has been successfully concluded, the amount of money donated to the Organiser shall be credited to the group gift. The Donor shall be able to invite other friends to contribute to the group gift.
- The Donor shall consent to his contribution to the group gift being transferred to the Organiser in the form of a voucher.
- In principle, the group gifts and contents of users shall not be checked by Austrian Airlines for their legality, correctness or completeness. Austrian Airlines shall not check whether the money collected by the Organiser is actually used for the purpose specified by the Organiser at the time the group gift is created. Each Donor shall be personally responsible for convincing himself of the identity of the Organiser, and for contacting the Organiser directly regarding the use of the issued voucher.
Closing a Group Gift
- When the Organiser has collected the voucher, the FlyMeTo gift shall be closed and become inactive.
- The closed FlyMeTo gift shall remain accessible to the Donors and the Organiser for at least thirty (30) days, for purely informational purposes. After this deadline has expired, Austrian Airlines shall reserve the right to make the group gift inaccessible.
Charges and Taxes
- Registration and usage of the FlyMeTo platform shall be free of charge to the Organiser, the Donors and the Recipient.
- Austrian Airlines shall accept no notification obligations of any sort according to the Gift Notification Act for the Organiser of group gifts or the Recipient.
- The Donor shall choose a payment provider and follow the payment instructions on the payment sites to pay money into the FlyMeTo gift. The amount paid in shall be credited to the group gift.
- Payment shall take place with the available payment methods to Austrian Airlines.
Term and Cancellation
- The contract between the user and Austrian Airlines shall be concluded for an indefinite period of time. Any party shall be able to cancel the contract at any time in text form (by letter or e-mail) without giving reasons for doing so. Organisers of an active group gift and Austrian Airlines shall be excluded from this right to cancellation at any time in the case of an active group gift. In this case, the contract can be cancelled with the conclusion of the group gift at the earliest.
- If the contract is concluded, Austrian Airlines shall deactivate the user access.
Distance Selling Transaction/Right of Cancellation
- The Organiser shall have the right to cancel the voucher purchase within 14 days without having to provide reasons for doing so. This deadline shall begin with the receipt of the confirmation e-mail by the Organiser containing the information that the voucher is collectable according to Point 4.4 of these General Terms and Conditions of Business. A cancellation shall be directed in writing to Austrian Airlines AG, Office Park 2, Postfach 100, 1300 Wien-Flughafen, or by using the contact form at http://www.austrian.com/contact.
The form cited here can be used to perform the cancellation:
- Sending the cancellation prior to expiry of the deadline shall be sufficient to meet the deadline. The right of cancellation shall cease, however, including prior to the expiry of the 14-day deadline, as soon as the voucher is redeemed, even if only in part.
- If the cancellation is exercised, the respective payments received shall be deferred or returned. If the voucher purchase is cancelled, Austrian Airlines AG shall invalidate the voucher code given on the voucher and reimburse the amounts paid in.
- Payment for a group gift shall take place via the payment provider. These payment services shall not be provided by Austrian Airlines, and shall therefore be subject to the Regulations and General Terms and Conditions of Business of the respective payment provider. Austrian Airlines shall not be liable for the services of these payment services providers.
- Austrian Airlines accepts no liability for the content of external links. The operators of linked sites are exclusively responsible for the content of those sites. Austrian Airlines is not liable for the correctness, quality or completeness of content generated by users of the FlyMeTo platform (such as comments, descriptions or details, for example). With the exception of injuries to life or limb, Austrian Airlines is only liable for damage caused due to gross negligence or intention on the part of Austrian Airlines or a person attributable to it.
- We shall only use your personal data if we require it for the conclusion of the contract and the fulfilment thereof, or if you voluntarily make these data available to us. We shall not transmit your data to third parties.
- To use the service of the FlyMeTo platform of Austrian Airlines, a registration (“FlyMeTo Account”) is necessary, and consequently the disclosure of personal data. These data can be changed by you yourself at any time.
- On request, we shall notify you of whether personal data are being stored by us, and which data these are. If, despite the greatest care regarding the correctness and currency of these data, wrong information is being stored, we shall correct this at your request. You can exercise your affected rights using the contact form at www.austrian.com/contact.
- Austrian Airlines is responsible for operating the FlyMeTo platform and the services offered there. It makes use of the services of the technical service provider Simplewish GmbH, Graumanngasse 7b, 1150 Wien, to do so.
- Austrian Airlines endeavours to make its services available without disruption. Disruptions can occur, however, due to technical problems or maintenance work.
- In the event of disruptions, please contact Austrian Airlines using the contact form at www.austrian.com/contact.
- The present General Terms and Conditions of Business are subject to Austrian law with the exception of the UN Sales Convention. Irrespective of your right from compulsory local legislation to exercise a legal process before other responsible courts, you hereby accept Vienna as the exclusive place of jurisdiction for the hosting of possible legal disputes which could arise out of or in connection with the present General Terms and Conditions of Business.
- The present General Terms and Conditions of Business shall be considered in connection with the Voucher Terms and Conditions, the Terms and Conditions of Carriage and the Data Protection Regulations of Austrian Airlines, which shall hereby be specified as explicit component parts of the present General Terms and Conditions of Business.