TripSource Application Terms and Conditions of Use and End User License Agreement

PLEASE READ THIS APPLICATION TERMS AND CONDITIONS OF USE AND END USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE TRIPSOURCE MOBILE SOFTWARE AND WEB-BASED APPLICATIONS (COLLECTIVELY INCLUDING ALL RELATED DOCUMENTATION, THE “APPLICATION” OR THE “APP”)PROVIDED BY BCD TRAVEL USA LLC (“BCD TRAVEL”). BY DOWNLOADING, INSTALLING, ACCESSING OR USING THE APPLICATION, YOU ARE ENTERING INTO AND AGREEING TO THE TERMS OF A BINDING AGREEMENT BETWEEN YOU (“END USER” OR “YOU”) AND BCD TRAVEL THAT CONSISTS OF (I) THIS APPLICATION TERMS AND CONDITIONS OF USE AND END USER LICENSE AGREEMENT AND (II) THE PRIVACY POLICY FOR TRIPSOURCE, LOCATED AT HTTP://TRIPSOURCE.COM/PRIVACY/ (COLLECTIVELY, THE “AGREEMENT”). THE AGREEMENT GOVERNS YOUR USE OF THE APPLICATION.

The Application, together with the content, services, websites and products provided pursuant to this Agreement, is referred to as the “Application Services.” By clicking the “agree” button or the “register” button, by downloading or installing the Application, or by using the Application Services, you (a) acknowledge that you have read and understand this agreement; (b) represent that you are of legal age to enter into a binding agreement; and (c) accept this agreement and agree that you are legally bound by its terms. If you do not agree to these terms, do not use the Application Services, do not download or install the Application, and delete the Application from your mobile device.

BCD Travel seeks to improve your experience in doing business with BCD Travel through the use of the App, which is designed to provide you with updated information regarding your travel itinerary on the basis of your BCD Travel “Passenger Name Record” (“PNR”). The following terms and conditions of use and license shall apply to your use of and interaction with the App and related systems:

1. Registration; Eligibility

1.1. You are responsible for obtaining access to the Application Services, which may require payment of third party fees (such as Internet service provider or airtime charges) and for all equipment necessary to access the Application Services. You may only register and use the Application Services if you are an employee of BCD Travel or of a company that is a corporate client of BCD Travel. In order to get registered, you must click on the “Register now” button or the “I Accept” button. Once you have accepted the terms and conditions, you will be required to enter your e-mail address that you use for management of your personal itineraries managed by BCD Travel (hereinafter referred to as “E-Mail Address”). If the E-Mail Address is verified by BCD Travel’s systems, the Application Services will show a green check mark. You will then be able to create a password. Once you receive confirmation that a valid password was created and the green password check mark is shown, you may then click the button “continue”. Once the registration has been verified, you will receive a validation e-mail from BCD Travel and you will then be required to validate your user credentials by clicking the hyperlink provided in the verification e-mail. Upon validation, your registration is complete and you may use the Application Services in accordance with this Agreement.

1.2. If your E-Mail Address changes at any time and you want to continue your use of the Application Services, you must re-register with the new e-mail address, which must also be verified by BCD Travel according to 1.1.

1.3. The registration for the Application Services cannot be transferred to any third party. Any user may only access and use the Application Services with his own access data (UserID and password).

1.4. Where applicable, you are responsible for all content posted, provided and published through the use of your UserID and password.

2. Description and specification of the Application Services, Updates

2.1 The Application Services provide the user with updated information about his travel itinerary on the basis of the user’s BCD Travel passenger name record (“PNR”) in accordance with the current availability of the service (“Service”). BCD Travel will use commercially reasonable efforts to ensure that the consumer uses the service without undue disruption, interruption or delay.

2.2. While BCD Travel will endeavor to always provide the user with the latest information, the Application Services may not always show the latest and most current information on the user’s itinerary, depending on when the data was last updated or provided by the PNR repository and depending on the user’s own updates or retrieval of PNR information.

2.3 BCD Travel reserves the right to charge the user for certain functionalities or features within the Application Services. In this case, the user will be notified by BCD Travel about the accruing costs prior to the use of such functionality or feature.

2.4 BCD Travel may update the Application Services to introduce new features, improve the efficiency, safety and reliability of the Application Services or of any product or device use to access the Application Services, to provide bug fixes for the Application Services or parts thereof, and to update and enhance previously installed versions of the Application (including entirely new versions).

2.5 The Application Services may include certain communications from BCD Travel (e.g., service announcements, administrative messages and other information and alerts). By using the Application Services, you consent to receiving such messages. You acknowledge that these communications are considered part of the Application Services, and that you will not be able to opt out of receiving them.

3. License Rights; Obligations and Restrictions

3.1 Upon registration of the user in accordance with Article 1 above BCD Travel grants you the non-exclusive, non-transferrable, limited right and license for the contract period specified in 8.2 to (a) use the Application Services for your personal, non-commercial use and to download and install the Application on a single mobile device owned or otherwise controlled by you (“Mobile Device”) , in each case strictly in accordance with the applicable documentation; and (b) access and use via the Application the Content and Services (as defined below) that are a part of or made available in or otherwise accessible through the Application Services, strictly in accordance with this Agreement and the applicable terms of use published by BCD Travel from time to time.

3.2 You shall not: (a) copy any part of the Application Services, except as expressly permitted by this license and to the extent that is necessary for the use (limited to loading and running) of the computer program by the lawful acquirer in accordance with its intended purpose; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application or any Content and Services; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application Services, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application Services or any features or functionality of the Application Services, to any third party for any reason, including by making the Application Services available on a network where it is capable of being accessed by more than one device at any time; (f) use the Application Services for data mining, scraping, crawling or compiling data for any commercial use; or (g) use any proprietary information or interfaces of BCD Travel or other intellectual property of BCD Travel in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application Services.

3.3 If you change your E-Mail Address or if you forget your password or other access identification associated with your use of the BCD Travel Services, you will have to reset your password within the Application. If you become aware that any third party might have knowledge of your personal access information, you must immediately inform BCD Travel by communication email address trips@support.tripsource.com accordingly and immediately change your password to prevent further unauthorized access.

3.4 You will not use the Application Services or BCD Travel systems or services in any way to publish, offer or make available illegal content or content that violates public morality or decency norms or infringes the rights of third parties. The following content in particular are prohibited:

a) racist, pornographic, obscene, abusive or vulgar content, or any content that glorifies or downplays violence and immoral content;

b) content that impairs or endangers the development or education of young children or teenagers or which violates human dignity or protected human rights;

c) content that could incite others to carry out illegal or otherwise immoral activities;

d) abusive or injurious statements, slander, slurs, lies or false assertions;

e) threats against other users of the Application Services or any BCD Travel-provided services, providers or third parties;

f) content to which the user has no rights and which infringes intellectual, industrial or other proprietary rights of third parties (e.g., copyrights, trademarks);

g) content that is designed to and which can be used by other users to infringe intellectual, industrial or other proprietary rights of third parties (e.g., file-sharing software such as “RetroShare”)

h) personally-identifiable information and other private data that could be used to identify individuals, such as names, addresses, telephone numbers, as well as other content that could infringe a third party’s right to informational self-determination.

4. Rights and obligations of BCD Travel

4.1 You acknowledge and agree that the Application Services are provided under license, to you. You may use the Application Services solely in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. BCD Travel and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application Services, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. BCD Travel shall, however, endeavor to maintain the platform´s operation with as few disruptions as reasonably feasible. BCD Travel reserves the right to limit the availability of services accessible through use of the Application Services to carry out maintenance work and further developments.

4.2. Although BCD Travel takes reasonable precautions to limit access to services to authorized end users by, for example, validating the E-Mail Address used for registration, BCD Travel cannot prevent all unauthorized access, which is in part the responsibility of end users.

4.3. If BCD Travel learns of, or has a reasonable basis to suspect, any violation of this Agreement by you, including with regard to 3.4, or any rights infringements such as intellectual property rights or the general right to protection of personality, BCD has the right to exclude you from the use of the Application Services, at any time and without prior notice or cause, and to delete any content provided by you or through the use of your E-Mail Address or other access identification. In this case and if appropriate and in accordance with these Terms and Conditions, BCD Travel also has the right to delete any content it deems inappropriate or in violation of this Agreement, at any time and without prior notice or cause. Where an infringement is not obvious, BCD Travel may forward a complaint from a potentially injured user to the user who uploaded the content and request an opinion on the subject matter. If the user does not deliver his opinion within a reasonable period of time, BCD assumes the complaint is justified and deletes the contested content. In case of an appropriately substantiated opinion, BCD may request further proof from the complainant. If the complainant does not react or does not submit further proof, BCD Travel is not obliged to delete the uploaded content. BCD Travel has the right to audit, review and inspect content provided by you at any time and without prior notice or cause.

4.4. BCD Travel may modify or cease to provide (permanently or temporarily) all or any portion of the Application Services from time to time without prior notice to you. If BCD Travel stops providing or terminates your right to access or use the Application Services, then you may be prevented from accessing the Application Services, the details of your account, and any files or content contained in your account.

5. Intellectual Property Rights of BCD Travel, Right of Use

5.1 The copyright and other intellectual property rights in works of authorship made available to you in or through the Application Services are owned by BCD Travel and/or its licensors and will remain exclusively with BCD Travel and such licensors. Exploitation thereof, including reproduction, dissemination or making available to the public of such texts, pictures, graphs, animations, videos, music, sounds and other materials in electronic or printed publications (in particular in other applications, services, content or websites) is not permitted without the express consent of BCD Travel. If a third party claims that the Application Services or your use of the Application Services infringes the intellectual property rights or misappropriates the proprietary information of any third party, you will be responsible for the investigation, defense, settlement, and discharge of any such claim.

5.2 The license rights granted to you for use of the Application Services are currently free of charge, although BCD Travel reserves the right in the future upon notice to charge the user for certain functionalities or features within the Application Services.

5.3 BCD Travel intends to assert its intellectual property rights worldwide to the fullest extent permissible under applicable laws.

6. Content and Services Accessible through Use of the App, Liability, Disclaimers

6.1 The Application Services may include access to TripSource by BCD Travel’s website located at http://www.tripsource.com/ (the “Website”) and products and services accessible thereon, and certain features, functionality and content accessible on or through the Application may be hosted on the Website.

6.2 CLAIMS BY THE USER FOR A COMPENSATION OF DAMAGES IN CONNECTION WITH USE OF THE APPLICATION SERVICES AND ITS CONTENTS ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES BCD TRAVEL OR ITS AFFILIATES, PARENTS, DIRECT AND INDIRECT SUBSIDIARIES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION SERVICES OR ANY THIRD PARTY MATERIALS, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT BCD TRAVEL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BCD TRAVEL’S AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID TO BCD TRAVEL, IF ANY, BY YOU FOR THE APPLICATION SERVICES. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

6.3 THE APPLICATION SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF OR RELIANCE UPON THE APPLICATION SERVICES, THE INFORMATION PROVIDED THEREIN AND ANY THIRD PARTY MATERIALS ACCESSED THEREBY ARE AT YOUR SOLE RISK AND DISCRETION. BCD TRAVEL AND ITS PARENTS, DIRECT AND INDIRECT SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTIES REGARDING THE APPLICATION SERVICES , THE INFORMATION PROVIDED THEREIN AND THIRD PARTY MATERIALS, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, BCD TRAVEL AND ITS PARENTS, DIRECT AND INDIRECT SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION SERVICES OR THIRD PARTY MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION SERVICES, THE INFORMATION PROVIDED THEREIN OR THIRD PARTY MATERIALS WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION SERVICES WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION SERVICES OR THIRD PARTY MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BCD TRAVEL OR FROM THE APPLICATION SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, BCD TRAVEL HAS NO OBLIGATION TO SUPPORT OR MAINTAIN THE APPLICATION SERVICES.

7. Links to other websites

Products, services, websites, advertisements, promotions, recommendations and materials that are created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third Party Materials”) may be provided through or linked to from the Application Services. Third Party Materials are entirely independent and are outside of the area of responsibility and control of BCD Travel, and BCD Travel does not investigate, monitor, represent or endorse the Third Party Materials. BCD Travel is thus not liable for any liability arising from your access to or use of Third Party Materials, and all access to and use of Third Party Materials is at your sole discretion and risk. The provider of the website to which the App refers will be exclusively liable for illegal, erroneous or incomplete contents and in particular for damage incurred from use or non-use of information offered in this way.

8. Availability of the Application Services; Contract Duration and Right to Termination

This Agreement runs for the period of three months. The contract will be automatically extended for an additional period of three months unless it is terminated either by you or BCD Travel upon two weeks’ notice to the other party. BCD Travel may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Agreement, the Application Services and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this Agreement, then this Agreement and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by BCD Travel. Upon the termination or expiration of this Agreement, you shall cease all use of the Application Services and uninstall any residual components of the Application Services.

9. Miscellaneous

9.1 This Agreement will be governed by and construed in accordance with the laws of the State of Georgia, USA, without reference to conflicts of laws principles, excludes the application of the United Nations Convention on Contracts for the International Sale of Goods (1980). Where the user is a consumer, the choice of law only applies to the extent that there is no restriction with regard to mandatory rules of the country where the user is domiciled or habitually resident.

9.2 BCD Travel explicitly reserves the right to modify or amend the terms of use and any of the terms and conditions of this Agreement by posting a copy of the modified or amended Agreement on the Website. If the user continues to use this Application Services after the date on which such modified or amended Agreement is posted on the Website, the user acknowledges and agrees that it will be deemed to have agreed to the new Agreement.

9.3 If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

9.4 Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

9.5 You may not use or otherwise export or re-export the Application Services except as authorized by United States law and the laws of the jurisdiction(s) in which the Application Services was obtained. You represent and warrant that you are not (x) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist sponsoring” country, or (y) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

Provider

The provider of this App is:

BCD Travel USA LLC
6 Concourse Parkway, Suite 2400
Atlanta , Georgia 30328
United States

T +1 678 441 5200 +1 678 441 5200
E info@bcdtravel.com

CEO: Joop Drechsel

Turnover Tax-ID-Nr.: 58-2308827