General Terms of Use for the AirPlus Corporate Card with Corporate Liability

Transcription

1 General Terms of Use for the AirPlus Corporate Card with Corporate Liability This is an English translation of the German text, which is the sole authoritative version. As at: January 2018 Preamble Lufthansa AirPlus Servicekarten GmbH, Dornhofstrasse 10, Neu-Isenburg (hereafter AirPlus ), has concluded a Master Agreement with the employer of the card applicant (hereafter Company ), according to which the Company intends to provide AirPlus Corporate Cards (hereafter the Card ) to its employees on the basis of the master agreement concluded between the Company and AirPlus. These Terms of Use apply to the use of the Card, are agreed solely between the Company and the employees, and do not establish an independent contract between AirPlus and the selected employee. The Company grants the employee the right to use the Card until such time as the Company withdraws this right. The employee commits to destroy the Card once the employee's right of use to the Card ends. 1. Possible uses On the basis of the Master Agreement between the Company and AirPlus, the employee may use the Card - to make non-cash payments for goods and services in Germany and abroad - and additionally, to withdraw cash from ATMs and banking institutions (at the latter against submission of identification) ( Cash Service ) provided the Company has consented. The employee commits to use the Card solely for business expenses. AirPlus reserves the right to block contract companies on the basis of their Merchant Category Code (MCC) without informing the employee in advance ( MCC blocked ), e. g. in the Gambling category. 2. Use of Card When using the Card, the employee must either sign a sales document onto which the contract company that accepts the Card has entered the card data and the exact amount payable, enter his personal PIN at the ATM or automated cash registers as authorization, or, in the case of contact-less payment transactions (e. g. Mastercard Contactless/Visa paywave), hold the Card or a mobile terminal that contains the Card against the receiving unit of the payment recipient (signature or entry of PIN may also be required). With regard to internet payments, the employee must enter the Card number, the validity period and where provided the verification number, or he may be required to use a special authentication procedure offered by AirPlus and/or the contract company. The 3D Secure procedure (also known as Mastercard SecureCode TM or Verified by Visa) is a method used to authenticate the employee during on-line transactions on the basis of a mobile TAN forwarded to the employee by AirPlus. The employee must register to participate in the 3D Secure procedure. Registration is automatic if the employee enters a mobile phone number on his application. If that is not the case, it is also possible to register through the AirPlus Business Travel Portal at any time. Employees may cancel their registration in the 3D Secure procedure at any time by contacting AirPlus Corporate Card Service (AirPlus Corporate Card Service, Postfach 13 09, Passau, card@airplus.com, +49 (0) ). After that, he can no longer use his credit card for on-line payment transactions at dealers that participate in the 3D Secure procedure. The employee hereby consents, vis-a-vis AirPlus and as a representative of the Company with irrevocable effect, to each individual payment transaction which, for the purpose of providing payment to the payment recipient, requires the employee to either sign a sales document onto which the payment recipient has entered the card data, hold the Card or a mobile terminal that contains the Card against the payment recipient s receiving unit (additional signature or PIN entry may be required), enter the PIN for authorization or enter/provide the Card number, validity period and where applicable the verification number, his 3D Secure password or a mobile TAN. 3. Settlement of accounts 3.1 The amounts charged to the Card may be collected either through the company s account or by way of a prepayment for the Company through the employee s private account. The settlement type is based on the Master Agreement concluded by the Company and AirPlus; the Company will communicate the settlement type to the employee. AirPlus will invoice the receivables from the Card transactions together with the claims from the Company s Cash Service once per month. The Company and employee receive one copy of this statement. The statements date for a Card takes into account all receivables and credit memos that have accrued since the last statement date. Transactions are settled in Euro. The total monthly receivable pursuant to the statement date is due on that date. Depending on the provision in the Master Agreement, this amount will be charged to the account designated by the Company or the employee using the SEPA debit procedure following the end of the time period agreed in the Master Agreement. 3.2 In the case of settlements using the employee s private account, AirPlus will inform the employee of the imminent direct debit, usually together with the invoice (or using another communication channel arranged with the employee), no later than one calendar day before the due date of the debit memo. The amount that is withdrawn may in some cases deviate from the amount shown in the individual statement or the amount communicated in a single pre-notification if the employee has provided the SEPA mandate to AirPlus as a master mandate for several contracts, if the employee receives a separate statement for each contract as per an agreement and accordingly a separate pre-notification, but the due date for the respective statement amounts is the same. In this case, the entire amount (= sum from the statements) will be withdrawn. The employee commits to ensure that the account designated in the SEPA mandate has sufficient funds, and that the amounts due can be withdrawn by AirPlus. This obligation to the Company shall also apply if the employee does not receive a pre-notification, or does not receive a pre-notification in a timely manner, in an individual case. 3.3 The employee commits to the Company that he will promptly review the statement to ensure that it is correct, and that he will promptly notify the Company and AirPlus in the case of objections. An objection is deemed to be submitted promptly if it is forwarded to AirPlus (in accordance with the contact options printed on the statement) within six weeks of receiving the statement. Sec. 676 sub sect. 1 BGB (German Civil Code) is not affected. In the case of on-line statements, the date on which the statement is ready for retrieval in the AirPlus Business Travel Portal shall be deemed as the date on which the statement was received. The employee is required to assert claims and complaints from the relationship between employee and the contract companies directly against the contract companies. They shall not affect the payment obligation to AirPlus and therefore do not constitute an admissible objection. Statements shall be deemed as approved if the employee fails to submit objections in a timely manner. AirPlus will make special reference to this possibility when it issues the statement. The Company may also request that a statement is corrected after the end of the deadline, but in that case must provide evidence that an amount has been charged wrongly or that a credit memo to which the Company represented by its employee is entitled was not issued. Possible damage compensation claims by AirPlus, which result from the fact that AirPlus can no longer charge back amounts because objections were submitted with a delay, shall not be affected. 3.4 The employee must also promptly inform the Company regarding possible objections to AirPlus statement. 3.5 The employee may only accept refunds (on behalf of the Company) from transactions that were entered into by using the Card in the form of a Mastercard or Visa credit note signed by the contract company, and not in the form of cash or noncash payments. In cases where settlements are completed through the employee s private account and not through the Company s account, and in the event that no credit memo has been applied to the Card account in two consecutive statements, the employee commits to the Company that he will inform AirPlus accordingly by submitting a copy of the credit note. 4. Employee s due diligence and obligations 4.1 The employee may only use his Card within the credit limit that has been forwarded to him and agreed with the Company. The full credit limit is available for use again following the successful collection of settled claims. 4.2 The employee will only use the Card in such a manner that ensures payment of the Card transactions on the due date (financial limit). 4.3 The employee commits to the Company that immediately after receiving the Card, he will take all reasonable precautions to protect the personalized security characteristics against unauthorized access. He is required to immediately report to the Company and AirPlus the loss, theft, misuse or other use of the Card to which he has not consented, immediately after obtaining knowledge of such an event. The following applies in particular: (a) Upon receipt of the Card, the employee must immediately sign the Card in the designated signature field and must store it with special care to protect it against misuse. (b) A separate secret number (PIN) will be made available to the employee. He must ensure that the PIN is not obtained by third parties. In particular, the PIN may never be communicated to third parties, noted on the Card, or stored openly or together with the Card, also not in encrypted form. 4.4 In the event the employee discovers the loss or misuse of his Card, he is required to immediately call AirPlus at the following telephone number, so that the Card can be blocked. The employee may call the emergency hotline free of charge at Calls to +49 (0) may be subject to fees levied by the employee s telephone service provider. He must then also inform the Company of the loss or misuse of the Card. In the case of misuse, the employee is also required to immediately file a police report. 4.5 The employee commits to the Company that he will immediately inform AirPlus Corporate Card Service (AirPlus Corporate Card Service, Postfach 13 09, Passau, card@airplus.com, +49 (0) ) of changes to his name, private address, address or bank details, and his departure from the Company. Changes to bank accounts may only be made in writing and must be directed to AirPlus and the Company together with a fully completed SEPA mandate for AirPlus. 4.6 When the termination announced by the Company comes into force, employees must ensure that Corporate Cards are returned to the Company immediately or are destroyed by cutting the magnetic strip or are rendered useless by other means. Page 1 of 5

2 5. Communication 5.1 The Company and employee agree that communication between AirPlus and the employee in line with these Terms of Use may also be conducted by electronic means over the internet, in particular via to the address provided to AirPlus by the employee, e. g. in the card application and/or AirPlus Business Travel Portal. The employee commits to keep secret his log-in information and password for the AirPlus Business Travel Portal. 5.2 AirPlus will provide the employee with the monthly card statement and if arranged with the Company individual transactions through the AirPlus Business Travel Portal at in the form of a PDF file for retrieval. By the calendar day that was communicated when the Card was sent out, AirPlus will make available the card statement for the previous month (statement period) in the AirPlus Business Travel Portal in such a way that the employee may save and render the same unchanged. Provided that AirPlus has the correct address, the employee will be informed of the provision of this material by . The employee is required to immediately retrieve the card statement, at the latest after receiving the corresponding notification . Card statements and amounts are available on-line for a period of 12 months after they were first entered in the AirPlus Business Travel Portal. Card statements will not be sent to the employee by post. In the event the employee regularly requires that card statements are mailed despite the agreed retrieval through the AirPlus Business Travel Portal, the Company and AirPlus will arrange the annual flat fee which is defined by the employee s company and AirPlus on the basis of a contract. This amount will be charged to the employee s Card in the absence of another agreement between AirPlus and the Company. 6. Ownership and validity The Card remains the property of AirPlus. It may not be transferred. The validity period of the Card is printed on the Card. Following the hand-out of a new Card, but at the latest following the expiry of the Card s validity period or following the valid termination of the Master Agreement, the employee shall be required to immediately return the Card to the Company. 9. AirPlus Card Control Notification service 9.1 The Card includes the AirPlus Card Control Notification service: By default, the employee will be informed via (sent to the address indicated on the application form) about transactions made with the Card exceeding an amount defined by AirPlus. AirPlus causes the transmission of the s promptly. AirPlus points out that the receipt of messages can be delayed, depending on the network operator or internet provider chosen by the Cardholder. AirPlus reserves the right to change the scope of AirPlus Card Control notifications at any time. 9.2 For security reasons, only the last four digits of the respective credit card number will be included with the notifications. Moreover, the employee s first name and surname are also not included. The content of the texts will be composed in a general manner as possible, and will always include the telephone number of the AirPlus Service Center as a call-back number. 9.3 The employee shall be responsible for ensuring that no unauthorized persons have access to the employee s s. AirPlus shall not assume liability for the security of messages received on the employee s mobile device or inbox. In addition, AirPlus does not assume any liability for the correctness of the information contained in the s, and the proper transmission of the same. This applies in particular in cases in which the provider with which the employee collaborates erroneously identifies AirPlus Card Control as spam and deletes the automatically or after/before notifying the employee. 9.4 AirPlus advises that that the receipt of s at home and abroad may be associated with additional fees charged by the respective network operator or internet provider. To prevent such fees, there is the option of deactivating AirPlus Card Control in the AirPlus Business Travel Portal. The AirPlus Card Control service can be reactivated at any time. 9.5 The AirPlus Card Control service is available to the employee in the AirPlus Business Travel Portal under My Corporate Card. In this section, the Cardholder can adjust other notification settings as well and/or activate other channels for notifications, for example, text messages. 7. Employee s right of return The employee may discontinue the use of the Card at any time. In that case, he is required to inform the Company accordingly and return the Card to the Company. In this case, the Company will also inform AirPlus of the discontinued use and return of the Card by the employee. 8. Removal of the Card as registered payment method If the employee deposits the card as a payment method at online platforms or other places for the purpose of payment or otherwise stores these entries, these settings shall be deleted/removed by the employee immediately upon effectiveness of the termination of the Master Agreement between the Company and AirPlus, replacement of the Card at the point in question, prohibition of use, termination of the rights to use or if the employee does not longer use the card. Page 2 of 5

3 A. Price list 1. At present, the following fees are charged for the card service: Annual fee for AirPlus Corporate Card: This fee has been arranged by the Company and AirPlus on the basis of a contract. This amount will be charged to the employee s Card in the absence of another agreement between AirPlus and the Company. Annual fee AirPlus Partner Card: EUR Withdrawals from ATMs: AirPlus Corporate Card: 2% of amount paid out, but at minimum EUR 3.80 Withdrawals at bank counter: AirPlus Corporate Card: 3% of amount paid out, but at minimum EUR 3.80 Fee for statements delivered by mail: An annual flat fee is arranged by the Company and AirPlus on the basis of a contract. This amount will be charged to the employee s Card in the absence of another agreement between AirPlus and the Company. AirPlus Partner Card: EUR 5.00 The fee for mail deliveries of statements does not apply if the free on-line invoice system is used (via PIN: free Fee for international use: This fee will not be applied to transactions from and to a country in the European Economic Area, which are made in Euro or the country currency of member states that have notified their decision to expand the use of the Transfer Regulation (Überweisungs-VO) to their country currency pursuant to Article 14 of the Transfer Regulation. Otherwise: 1.50% of the transaction amount. Replacement statements: EUR 2.50 per statement Request for receipts 1) : EUR 2.50 per receipt Replacement card 1) : EUR 5.00 per card Emergency card within 24 hours 1) : EUR Default interest: min. statutory default interest (currently 5 percentage points above the respective base rate) Lump sum for dunning fees: EUR 2.50 per case of default; the Company expressly is free to prove that such costs have not been incurred or are substantially lower than the lump sum amount. Re-transfers of credit balances: - transfers to settlement accounts: free - express transfers: EUR 5.00 per transfer Returned debit memos: applicable third-party charges (for returned debit memos that are the employee s responsibility) Card deliveries by courier (only in emergency cases or international deliveries): EUR Other courier services: applicable third-party charges GOLF FEE Card: EUR main card/eur second card Costs incurred by the employee (e. g. for long-distance calls, postage) are the user s responsibility. 1) Fees do not apply if the reason that these services are used are within AirPlus area of responsibility. 2. The following applies with regard to the conversion of amounts in foreign currency: Transactions in currencies other than the Euro still will be settled in Euros. Charges applied in the currency of countries that are not part of the European currency union will be converted into Euro on the basis of a conversion rate ( reference exchange rate ) that is based on the exchange rates of one or more large German banks or on the exchange rates of Mastercard International Incorporated or Visa Europe Service Inc. for the bank working day that precedes the posting date. The reference exchange rate is determined daily by AirPlus every banking day and can be viewed in the AirPlus Business Travel Portal and/or requested from the AirPlus Corporate Card Service at +49 (0) Changes to the reference exchange rate agreed herein will go into effect immediately and without prior notification. Page 3 of 5

4 B. Terms of Participation for Miles & More Miles & More miles The regulations below apply only if the Company has authorized the respective optional services and the Cardholder has selected them. If the Credit Card includes a Miles & More functionality, the following shall apply: (1) When using the Credit Card, the Cardholder gathers premium miles which are credited to his Miles & More account. If the Cardholder does not yet participate in the Miles & More program of Miles & More GmbH, he applies for the participation in this program upon applying for the Miles & More functionality. (2) The entry conditions of the Miles & More program of Miles & More GmbH and the Lufthansa WorldShop catalogue will be sent to the Cardholder, if requested in advance. When using the Credit Card, the Cardholder accepts these conditions. (3) The Cardholder receives one premium mile for each full Euro turnover transacted with his Credit Card. The premium miles are credited to the Cardholder s personal Miles & More account. Credited miles cannot be transferred. (4) Premium miles are not credited for the following debits shown in the monthly statements: - all cash transactions, - all fees charged for the use of the Credit Card. (5) The Cardholder shall not receive any premium miles for unauthorized or fraudulent transactions. If AirPlus terminates the contractual relationship due to default, no premium miles will be granted for any transactions not yet settled by the Cardholder at the date of termination. Any premium miles already credited shall be debited from the premium miles account. (6) Even after termination of the Credit Card, the premium miles already gathered will continue to be valid according to the entry conditions of the Miles & More program of Miles & More GmbH. (7) Upon termination of the Cardholder s membership with Miles & More, the Credit Card will lose its Miles & More functionality. (8) AirPlus Partner Cards do not include the Miles & More service. Page 4 of 5

5 Privacy Statement AirPlus Corporate Card According to the principles of fair and transparent data processing, it is essential to inform the person whose data is being processed about the processing itself and the purposes thereof. Therefore, we would like to provide you with all the information required to ensure fair and transparent data processing in light of the special circumstances and conditions under which we process your personal data. We at Lufthansa AirPlus Servicekarten GmbH, Dornhofstr. 10, Neu-Isenburg, Germany, have entered into a master agreement with your employer. According to said agreement, your employer will provide you with an AirPlus Corporate Card. Based on said agreement, you can use the AirPlus Corporate Card at home and abroad to pay for goods and services without using cash and to withdraw cash from ATMs and (subject to the provision of proof of identity) at credit institutions ( Cash Service ) provided your employer has consented. Please remember to use the card to pay for business-related expenses only. Pursuant to Art. 6 para. 1 b of the EU s General Data Protection Regulation, AirPlus is authorized to process your data. Processing is legal if and when it is required to fulfill a contract to which the person affected is a party or to implement precontractual measures at the request of the person affected. We will transmit the data relating to your business-related transactions made with the AirPlus Corporate Card to your employer for business travel management purposes, this means the preparation, booking and billing of business trips, the structuring of relevant processes and the management of service providers in the aforementioned areas. If you have any further questions concerning the handling of your personal data, you can contact the data protection officer of Lufthansa AirPlus Servicekarten GmbH at any time. You can reach him at: Lufthansa AirPlus Servicekarten GmbH Datenschutzbeauftragter, JX JDO Dornhofstr Neu-Isenburg Germany datenschutz@airplus.com Please note that you are entitled to inquire about saved data relating to you. Should any saved data be incorrect or, in your opinion, no longer needed because the intended purpose has ceased to exist, you have the right to request that your data be corrected or deleted or the processing of your data be restricted. The supervisory authority responsible for data protection is: Der Hessische Datenschutzbeauftragte Gustav-Stresemann-Ring Wiesbaden Germany If and when your employer has entered into any corporate discount agreements with airlines or into any agreements with brokers between travel agencies and airlines, we will transmit your data to your employer s contracting partners as well. In addition, public authorities may also receive your personal data if they have primary legal provisions. For the purpose of handling processes to fulfill business objectives, pursuant to relevant international directives data also may be transmitted to authorities, customers or suppliers in diverse countries, for example, if and when the service providers are registered abroad. Upon expiry of the retention duties and deadlines stipulated by law or by any supervisory authority, your data will be deleted routinely. Data which is not affected by these duties or deadlines will be deleted if it no longer is required for the purpose intended. Page 5 of 5