Scope of Application

1.1. These General Terms and Conditions (hereinafter referred to as “T&C”) apply to the mediation of any third-party transport, travel or tourism services (hereinafter referred to as “Services”) and the use of the related online services by Airsiders GmbH (hereinafter referred to as “Agency”); provided, however, that these T&C are properly included by reference.

1.2. For detailed information on the legal identity of the Agency, please refer to the legal notice on the Agency’s website:https://airsiders.com/imprint

1.3. Note that Section 16 of these T&C only apply in case you are a resident of the United States of America or a legal entity seated in the United States of America.

Definitions

2.1.BGB: Bürgerliches Gesetzbuch (German Civil Code).

2.2. Cardinal Duty: Any contractual obligation that the Parties rely on, because the fulfillment of which is a prerequisite for the performance of the contract, and any breach of which would jeopardize its purpose.

2.3.Customer: The party that concludes the agency agreement with the Agency. This is you if you act for yourself, or otherwise the legal or natural person on whose behalf you are acting.

2.4. LuftVG: Luftverkehrsgesetz (German Air Transport Act)

2.5. Party: A party to the legal agreement between Agency and Customer.

2.6. Provider: Any third party that offers a Service that you may book through the mediation of the Agency (for example, an airline company).

2.7. VVG: Versicherungsvertragsgesetz (German Insurance Contracts Act)

2.8. Website: The website operated under the domain airsiders.com by the Agency for the purpose of booking Services; including, without limitation, the regular and mobile versions thereof.

2.9. Any German legal term laid out in Italics shall authoritatively define the meaning of the English language

Use of the Website

3.1. The Website is provided to you for the sole purpose of information on and procurement of the Agency’s services.

3.2.While using the Website, you agree to comply with all applicable laws, rules and regulations.

3.3.You must not misuse the web Website site. Misuse of the Website includes, without limitation:

3.3.1.

automated or massive manual retrieval of information (“data harvesting” or “scraping”);

3.3.2.

performing all kinds of technical attacks on the servers.

3.3.3.

bypassing any measures used by the Agency to prevent or restrict access to the Website or portions thereof;

3.3.4.

using the Website for any unlawful purpose;

3.3.5.

impersonating the Agency, or any third parties;

3.3.6.

engaging in spamming, flooding or denial-of-service attacks;

3.3.7.

transmitting any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature or programs designed tointerrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

3.3.8.

modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Website (unless explicitly allowed by the limitations and exceptions of the copyright laws where the website is retrieved);

3.3.9.

removing any copyright, trademark or other proprietary rights notices contained in the Website;

3.3.10.

“framing” or “mirroring” the Website or any part thereof;

3.3.11.

any action that imposes or may impose an unreasonable or disproportionately large load on the servers, systems or technical infrastructure.

3.3.12.

All aforementioned behaviors in this subsection are strictly forbidden, unless the User has obtained prior written permission by the Provider.

Agency Agreement

4.1. Agency acts exclusively as an intermediary (agency) for the Services of Providers and mediates contracts on behalf and for the account of the respective Provider.

4.2. In case of a booking of a Service of a Provider, an agency agreement (Geschäftsbesorgungsvertrag) is concluded between Agency and Customer, the subject of which is the mediation of Provider’s Services. The mutual rights and obligations of Agency and Customer result from the contractual agreements made in the individual case, these T&C and the general law.

Relations between Customers and Provider

5.1. The rights and obligations of the Customer vis-à-vis the mediated Provider of the Services are exclusively governed by the agreements made with the latter, if effectively agreed, in particular its terms and conditions. These may include terms of payment and due dates, liability, cancellation, rebooking and (if provided for) refunds, and potentially also other restrictions and obligations of the customer. The corresponding Provider terms will be made available to the customer, if available, in the course of the booking (before any binding Customer declaration).

5.2. For the contractual relationship between Customers and airline Providers apply – as applicable from case to case – the statutory provisions of

5.2.1.

the LuftVG,

5.2.2.

the Convention for the Unification of certain rules relating to international carriage by air (Warsaw Convention, Montreal Convention)

5.2.3.

Regulation (EC) No. 261/2004 on air passenger rights,

5.2.4.

Regulation (EC) No 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier

5.2.5.

Regulation (EC) No 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air

5.3.Customers are hereby advised to inform themselves about their rights as passengers, for example by reading the notices at the airports.

Invitation, Offer and Acceptance

6.1.The Services presented on the Website or sent by e-mail, as the case may be, are not binding contractual offers on the part of Agency and/or the respective Provider, but rather invitations to Customers to submit an offer to conclude a contract with the Provider through the Agency.

6.2.he Customers make their offers by entering their data in the online booking form and sending it to Agency. Customers are bound to their offer for a maximum period of five (5) days. Within this period, Agency (on behalf of the respective Provider) or the respective Provider themselves can accept the particular offer. If it is not accepted, within the afore mentioned period of time, the Customer shall no longer be bound to their offer.

6.3.Acceptance is declared with a booking confirmation, either on the Website (which will be confirmed by email without delay) or by email. The contract for the Service is concluded with the transmission of the confirmation.

6.4.If, alternatively, Agency sends an offer to a Customer, the Customer can accept it within the period specified in the offer. In this case, the contract for the Service is concluded by the acceptance of the Customer.

Contract text and data transfer

7.1. Customer data related to a contract and the contract text will be stored by Agency..

7.2.As part of the performance of the contract, Agency will forward data to the respective Providers. See the Agency’s Privacy Notice for further information (for the avoidance of doubt, the Privacy Notice is not incorporated by reference into these T&C or the legal agreement between the parties).

Airsiders Guarantee

8.1.For Services clearly marked with the term “Airsiders Guarantee”, Agency guarantees the interconnection between two flights, in accordance with the provisions and limitations laid out in this Section (hereinafter “Guarantee”).

8.2.The Guarantee applies only to the interconnection of two flights from different Providers on separate tickets. In no way shall the Guarantee apply to any interconnection of flights where the term “Airsiders Guarantee” was not clearly stated in relation to such interconnection.

8.3.The Guarantee covers solely the delay or cancellation of the feeder flight leading to the originally planned connecting flight being missed

8.4.The Guarantee does only apply to residents of the European Economic Area (EEA). For Customers who have their habitual residence outside the EEA, the Guarantee is excluded even in cases where the Guarantee is mentioned on the Website.

8.5. The Guarantee is limited to an insurance. The Agency will, at the Agency’s cost, insure the Customer against missing an insured connecting flight, subject to the scope and cover of the insurance. Any direct claim against the Agency is excluded, unless the Agency fails to provide such insurance.

8.6.The insurance will reimburse costs of rebooking or changing the connecting flight of the same type and quality

8.6.1.

of the insured trip originally booked, up to a maximum of EUR 1,500 per person;

8.6.2.

costs for an overnight hotel stay up to a maximum of EUR 100 per person per night, for a maximum of one night, if the next possible connecting flight is only on the next day or the day after;

8.6.3.

EUR 15 for food and drinks, if the connecting flight is on the same day.

8.8.Instead of a reimbursement for costs of rebooking through the insurance, the Agency may, at its own sole discretion, choose to provide a suitable replacement ticket.

8.9.Additional information on the insurance, the applicable insurance terms and the handling of claims is available at https://volario.com/insurance-info (for the avoidance of doubt, the contents of the insurance information page, the contact details or the FAQ are not incorporated by reference into these T&C or the legal agreement between the parties).

8.10.The Customer’s statutory rights, in particular any passenger rights claim against the operating airline of the feeder flight, remain untouched.

Airsiders Baggage check-throughst

9.1.The Baggage check-though Service is provided by the Agency in its own name. For the avoidance of doubt, in this Section, the term “Agency” is used as a reference to the contracting party only; Agency does not act as an agency for the services described in this Section.

9.2. The Airsiders Baggage check-through allows to check through baggage at the interconnection of two flights from different Providers on separate tickets. The service is not available in all cases, but when it is available, it will be offered as an add-on service for the fee indicated on the Website.

9.3.In case the service cannot be provided for reasons that are not in the sphere of the Agency, the Customer is eligible for a full refund of the special service fee for the baggage check-through; this shall be the only remedy in this case. The Passenger will then be required to pick up their baggage from the first flight and check it in for the connecting flight as if the service had not been booked.

9.4.Agency may employ subcontractors for the services described in this Section.

9.5. For the check-through service, Agency will separate the baggage from the ordinary unloading and distribution process of the first flight and will then feed the luggage into the check-in process of the connecting flight. Agency shall take over responsibility for the Customer’s baggage from the Provider of the first flight at the moment in time where the baggage is handled differently from the other baggage on the same flight, and hand over responsibility to the Provider of the connecting flight at the moment in time where the baggage is handled as other luggage on the connecting flight.

9.6. The baggage check-through service is subject to the liability order of the Agreement of Montreal of 28 March 1999, which was implemented in the European Union by Regulation (EC) No. 889/2002 (as amended) and the transpositions into national member state law accordingly

Compass service

10.1. On the Website, the Agency provides the “Compass” service, comprising airport maps and directions for flight connections.

10.2. The maps and directions have been compiled diligently by the Agency. However, Agency cannot guarantee accuracy of the information. The information is provided for informational purposes only. The Customer shall not rely on this information alone, but follow local directions and instructions from airport signage, ground staff etc.

Special Needs; Claims and Complaints

11.1.Customers shall, in their own interest, inform Agency of any special needs or restrictions with regard to the Services requested. Should Agency accept special requests, the acceptance is only for forwarding to the respective Provider to be mediated. Unless otherwise expressly agreed, Agency is not responsible for the fulfillment of such special requests. These are also not a condition or contractual basis for the mediation order. Customer are hereby informed that special requests usually only become part of the contractual obligations of the respective Provider upon explicit confirmation.

11.2.In case of any defects of the Service, statutory or contractually agreed complaint terms must be observed. These terms are generally not met by asserting claims against Agency (this does not apply for the Service described in Section 10). This also applies if the Customer wants to assert claims against Agency as well as against the Provider regarding the same Service.

11.3.With regard to any claims of the Customer against the Provider, Agency has no obligation to advise on any legal provisions, including without limitation the type, scope, amount, claim requirements and time limitations to be met.

Payments

12.1.Unless indicated otherwise, all monetary considerations (for example, fees, tariffs, charges) for Services will be collected by Agency on behalf of the respective Providers, and thus, shall be paid by Customers to Agency.

12.2.The acceptance of means of payment is on account of performance (erfüllungshalber). This does, however, not apply to any cash payments or finalized bank transfers (for the avoidance of doubt, Agency is not obliged to offer these means of payment).

Travel Documents; Tickets

13.1.With regard to the dispatch of travel documents, the Agency refers to the relevant regulations in the travel conditions of the Provider concerned, which will be made available to you prior to booking.

13.2. All Airlines that can be booked through the Agency offer exclusively electronic tickets; no paper tickets will be issued. Generally, an electronic booking code will be transmitted to Customer, which Customer must state or present at check-in together with an identification document (ID card or passport).

13.3.Customers are obliged to keep any travel documents, itineraries and tickets safe and secure. Customers shall make backup copies of any electronic travel documents, itineraries and tickets.

13.4.Agency is not liable for the loss or destruction of the itinerary or travel documents in connection with the shipment for which it is not responsible.

Changes to the contract (rebooking, cancellation):

14.1.After the conclusion of the contract with the Provider of a Service, the conditions for contract changes initiated or requested by Customer (e.g., rebooking, withdrawal, cancellation) are governed by the conditions of the respective Provider.

Agency is entitled to invoice all costs incurred due to contract changes to Customer on behalf of the respective Provider and to collect or retain such amounts.

Information on the Identity of the Operating Air Carrier

In accordance with Regulation (EC) No 2111/2005 on the establishment of a Community list of air carriers, Agency will inform Customers of the identity of the operating air carrier at the time of booking. In case that at the time of booking the operating airline has not yet been determined, Agency will provide Customers with the information about the airline that is likely to operate the flight. In the event of a change of airline, Customers shall be informed of the change without delay. The Community list of airlines banned from flying in the European Union is available on the websites https://ec.europa.eu/transport/modes/air/safety/air-ban

Accuracy and Availability

16.1. Agency is not liable for the success of the mediation or the provision of the Service by the Provider, but only for the fact that the mediation is carried out with customary diligence.

16.2. Agency makes reasonable efforts to ensure that the available information and other data, in particular with regard to prices, services, booking conditions, restrictions and dates, are up-to-date, complete and accurate at the time of publication on the Website. However, the individual details of third-party Services rely on information provided by the respective Providers.

16.3. Agency assumes no responsibility for the accuracy, completeness and reliability of other third-party content, in particular maps, automatic translations, customer reviews, third-party editorial texts and images relating to places and regions. Geographic data displayed on the website, in particular map representations, only serve as non-binding orientation.

16.4. All offered Services have limited availability. Agency does not guarantee and is not liable for the availability of a particular Service at the time of the booking request. Agency does not and does not assume the procurement risk (Beschaffungsrisiko).

16.5. The exclusions of liability of this Section above shall not apply insofar as Agency was aware of the incorrect information or should have been aware of such information if it had exercised due diligence customary in the trade and industry.

Liability

17.1. Irrespective of the legal basis, where liability is based on fault, Agency’s liability for damages caused by intentional acts and gross negligence shall be to the statutory extent. In the event of simple negligence, Agency shall only be liable for:

17.1.1.

Damages for injury to bodily integrity, life or health; and

17.1.2.

Damages resulting from a breach of Cardinal Duties; in this case, however, Agency’s liability shall be limited to the typical and foreseeable amount of damages.

17.2. The limitations of liability in this Section above shall not apply where Agency has assumed a guarantee and for claims under the German Product Liability Act (Produkthaftungsgesetz).

17.3. Agency is not liable for the consequences of force majeure. This includes, without limitation, orders from authorities, wars, civil unrest, aircraft hijackings, terrorist attacks, fire, floods, power outages, accidents, storms, strikes, lockouts or other labor disputes by which the services of Agency, a Provider or any suppliers are affected.

17.4. Agency’s own liability, if any, arising from the culpable breach of brokerage obligations or from § 651x BGB remains unaffected by the above provisions.

CLASS ACTION WAIVER

18.1. The provisions of this Section apply only for Customers who have their habitual residence (if Customer is a natural person), or their legal seat or main administration (if Customer is a legal entity) in the United States of America (including federal and dependent territories).

18.2. WHERE PERMITTED UNTER THE APPLICABLE LAW; AGENCY AND PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OF CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION BEFORE ANY COURT IN THE UNITED STATES OF AMERICA (INCLUDING, WITHOUT LIMITATION, STATE AND FEDERAL COURTS).

Applicable Law

19.1. The legal relations between the Agency and the Customers shall be governed by German law. A renvoi is excluded.

19.2. If the Customer is a natural person and procuring the Service for a purpose which can be regarded as being outside their trade or profession, the Customer shall, however, enjoy all protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law in the jurisdiction of his habitual residence. This does not apply if the Customer’s habitual residence is outside the European Economic Area (EEA).

Severability

If any provision or provisions of these Terms and Conditions and its additions shall be held to be or become invalid, illegal, unenforceable or in conflict with the law of any applicable jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.