C O N T R A C T. hereinafter referred to as DB RailClient Partner. 1 Object of the Contract

Transcription

1 C O N T R A C T DB Vertrieb GmbH Stephensnstr Frankfurt am Main Germany hereinafter referred t as DB and Yur cmpany hereinafter referred t as DB RailClient Partner hereby cnclude the fllwing Distributin Cntract: 1 Object f the Cntract 1. DB RailClient is a web-based nline bking prtal which enables bth private custmers and custmers wh are registered in the DB crprate custmer prgramme, bahn.business, t bk rail travel. 2. DB makes DB RailClient available t its DB agencies and travel cmpanies wh have a prven set f custmers wh are registered with bahn.business, DB s crprate custmer prgramme, and/r wh generate sales fr DB with bkings fr ther custmers. 3. This Cntract gverns the respnsibilities, bligatins and services incumbent upn the cntractual partners. The DB RailClient Partner is entitled 2 Rights f the DB RailClient Partner t sell, via RailClient, the available railway revenue prducts t crprate custmers wh are registered with a custmer number in the DB crprate custmer prgramme, t sell, via DB RailClient, railway revenue prducts t its private custmers, t make a RailClient user-accunt available t external partner agencies, t use the wrdmark/lg in cperatin with t identify itself fr cmmunicatin purpses as a DB RailClient Partner, in accrdance with the DB Crprate Design Guidelines made available t the RailClient Partner in the bking DB RailClient Partner Cntract Status: January 2016 Page 1 f 5 pages

2 tl. The lg may nly be used t identify the sales utlet and is issued t the RailClient Partner n signature f the Cntract. Other and mre wide-ranging use f the trademark rights requires the prir written cnsent f DB. The DB RailClient Partner undertakes 3 Obligatins f the DB RailClient Partner t use the bahn.business sectin f DB RailClient exclusively fr bking rail travel fr custmers wh are registered with bahn.business, the DB crprate custmer prgramme, t use the Leisure sectin f DB RailClient fr bking rail travel fr all ther custmers, t prvide the custmer, n request, with the infrmatin required under the Passenger Rights Regulatin (FGR-VO) (Sectin 8(1) in cnjunctin with Appendix II, Part 1 FGR-VO) prir t cnclusin f a cntract. This will be made available t the DB RailClient Partner in RailClient, t cmply with DB s current sales and invicing regulatins. These are published in RailGuide which is available t the DB RailClient Partner nline at the fllwing address: The access data required is as fllws: Username: agencyservice Passwrd: sale$assciate9 at the request f its custmers, t prvide them with DB s current General Terms and Cnditins (AGBs). These can be dwnladed frm the fllwing link: t ensure that the individual DB RailClient user cmplies with the sales and invicing regulatins and with the duty f disclsure t the custmer, even where the said user is nt in the DB RailClient Partner s cmpany. The agency s admin-data may nt be transmitted t third parties. DB undertakes 4 Obligatins f DB t allw the DB RailClient Partner access t the DB RailClient bking prtal, free f charge, DB is expressly nt under an bligatin under this Cntract t ensure uninterrupted system availability, t make the infrmatin under the Passenger Rights Regulatin (FGR-VO) (Sectin 8(1) in cnjunctin with Appendix II, Part 1 FGR-VO) available t the DB RailClient Partner: General Terms and Cnditins DB RailClient Partner Cntract Status: January 2016 Page 2 f 5 Pages

3 Timetables and cnditins f travel with the shrtest jurney time Timetables and cnditins f travel with the lwest fare Accessibility, access cnditins and availability f facilities fr disabled peple and peple with restricted mbility, n the train Accessibility and access cnditins fr passengers with bicycles Seating availability in smking and nn-smking znes, first and secnd class and in cuchettes and sleeping cars Services available n the train Prcedure fr reprting lst luggage Cmplaints prcedure t supprt the DB RailClient Partner, within reasnable parameters, in relatin t any queries which may arise. 5 Sale and payment 1. The services bked (tickets and reservatins) are made available exclusively by way f an nline ticket in the frm f a PDF file t be printed ut by the custmers themselves n a PC. 2. Online tickets fr 1 st and 2 nd class tgether with the accmpanying seat reservatins can currently be issued fr natinal rail cnnectins within Germany, majr internatinal cnnectins between Germany and Belgium, the Netherlands, Switzerland, Austria, the high-speed links t/frm Paris, transit acrss the Brenner Pass and the ICE t/frm Cpenhagen. Additinal prducts (e.g. rail passes), t which there is a reference r a link in RailClient but which cannt be bked by way f the tl, d nt frm part f this Cntract. 3. Payment fr the services bked is nly pssible by way f credit card. The fllwing credit cards are accepted by DB: American Express, Diners Club, MasterCard, JCB, VISA, Lufthansa AirPlus. 4. DB will bear the credit card transactin csts. 5. The credit card used by a DB RailClient Partner t pay fr a DB nline ticket may be charged subsequently in the case f misuse f the ticket. The subsequent charge will be made withut additinal ntificatin being given t the DB RailClient Partner. On request, the DB RailClient Partner will be ntified f the reasns fr the subsequent charge (e.g. multiple use f a ticket). DB RailClient Partner Cntract Status: January 2016 Page 3 f 5 Pages

4 6. A system based, gratuitus cancellatin in case f agent and system errrs is available fr tw hurs after bking (system cancellatin). Agent errrs can be errneus recrding f data r errrs made during the bking. This functin 'Systemstrn' (system cancellatin) may nly be used by the RailClient partner and must nt be used fr general exchanges r cancellatins. 6 Remuneratin The DB RailClient Partner is funded by way f the service fees which it fixes itself. These will be handled between the custmer and the DB RailClient Partner as part f a separate legal transactin. DB will nt pay any cmmissin n bahn.business sales btained by the DB RailClient Partner. The DB RailClient partner will receive a cmmissin f 3% n Leisure sales made thrugh DB RailClient during the calendar year (January t December). Cancellatins lead t a reductin in the turnver and in the right t cmmissin. Fr the cmmissin t be granted, the RC partner is asked t issue an invice (with crprate name and bank details) including prf f the yearly cmmissin claim by 30 April the fllwing year. Claims asserted any later than that will be nt be accepted. The invice with the subject line Prvisin DB RailClient must be sent t: DB Vertrieb GmbH (V.DVB 1) c DB Fernverkehr AG P.FFB 3 Geschäftsbuchhaltung- Mannheimer Str Frankfurt am Main In accrdance with Art. 44 MwStSystRl (EU VAT Directive) and 3a (2) UStG (German turnver tax act) the intermediary services f the DB RailClient partner are regarded as having been carried ut at the lcatin f DB Vertrieb in Germany. DB Vertrieb s VAT identificatin number is DE Transactin fees must be paid by the issuer f the invice. Csts payable by DB will be deducted directly upn transactin. 7 Data prtectin 1. The DB RailClient Partner shall cllect, prcess and use custmers persnal data as an independent respnsible bdy in accrdance with 3 sectin 7 f the Bundesdatenschutzgesetz (BDSG) (German data prtectin act). 2. The DB RailClient Partner itself shall be respnsible fr infrming custmers abut the extent and purpse f the data prcessing and abut the pssibilities fr exercising their rights in relatin t data prcessing. DB RailClient Partner Cntract Status: January 2016 Page 4 f 5 Pages

5 3. The DB RailClient Partner acts as representative f the custmer when data are cllected fr the purpse f transmissin t DB. In s ding the DB RailClient Partner must satisfy itself f the crrectness f the persnal data and address supplied by the custmer and have the applicatin, rder r bking apprved by the custmer and where apprpriate with a signature. 4. The DB RailClient Partner undertakes t prtect data intended fr DB frm access by unauthrised persns by the use f suitable technical, rganisatinal and persnnel measures. This undertaking shall als cntinue after the rder has been cmpleted. 5. The DB RailClient Partner undertakes t keep secret and secure frm unauthrised parties thrughut the term f this Agreement cmpany secrets r DB s internal matters, infrmatin and data which have been made available t it r f which it has learned in the curse f its c-peratin with DB r incidentally. 8 Term f the Cntract, terminatin 6. This Cntract enters int effect as sn as yu receive the RailClient lgin data frm DB. 7. It may be terminated withut giving any reasn by the DB RailClient Partner with immediate effect and by DB subject t a ntice perid f 3 mnths t the end f the mnth. 8. The Cntract may be terminated by DB with immediate effect where there is gd cause. Gd cause refers in particular t: grss breach f cntract, damage t the interests r reputatin f DB 9. On terminatin f the Cntract, the DB RailClient Partner must immediately remve all references t its status as DB RailClient Partner and all DB lgs and shall refrain frm making any such reference in crrespndence r publicatins. 9 Amendments Amendments t the Cntract must be in writing. 10 Transfer f the Cntract within DB Grup DB is permitted t allw anther cmpany frm the Deutsche Bahn Grup t enter int its rights and duties under this Cntract thereby releasing DB frm its cntractual bligatins. DB RailClient Partner Cntract Status: January 2016 Page 5 f 5 Pages

6 11 Severability clause Where individual prvisins f this Cntract are invalid r cannt be implemented, either fr factual r legal reasns, the ther prvisins f the Cntract shall remain unaffected thereby prvided this des nt, n the whle, make it unreasnable fr ne f the cntracting parties t cntinue with the Cntract. The same applies where there prves t be an missin. In place f the invalid r impracticable prvisins, r in rder t make up fr the missin, a prvisin must be agreed which cmes clsest in ecnmic terms t the purpse which the cntracting parties were seeking t achieve. 12 Jurisdictin Place f jurisdictin is Frankfurt am Main. German law shall apply. 13 Miscellaneus In the registratin prcess the DB RailClient partner accepts the cnditins as stated in this cntract. The cntract is accepted by DB and clsed amng the tw parties as sn as DB prvides the RailClient partner with its lgin data. DB RailClient Partner Cntract Status: January 2016 Page 6 f 5 Pages