General terms and conditions
FLYLA GmbH ("FLYLA") operates an exclusive online travel club for students and offers its services as an agent on the basis of these General Terms and Conditions ("GTC"). Via the website https://www.flyla.com and all associated sub-domains of this website ("booking portal"), FLYLA arranges individual tourist services (e.g. hotel stays, flights, "travel services") from third parties (e.g. hotels, airlines, "service providers") which provide these to the customer under their own responsibility. FLYLA also offers the possibility to take out various travel insurances directly with the respective insurance companies. These offers are only provided to users of the booking portal who have registered as members and whose membership has been accepted by FLYLA ("Members"). FLYLA acts for the Members on the basis of a paid agency agreement. For all other users, FLYLA offers additional free and paid services. More detailed information on the services can be found in the service description, section 11.
1.1 These General Terms and Conditions, in the version valid at the time of booking, govern the legal relationship between the members who book travel services arranged via the FLYLA booking portal.
1.2 The following terms and conditions govern the contractual relationship between the Members and FLYLA as travel agent. If you do not understand parts of these GTC, please contact FLYLA (https://www.flyla.com/imprint) to have them explained to you.
2. Registration and Membership
2.1 Only persons who are legally competent and registered students at a university can become members.
2.2 Membership is free of charge.
2.3 The member is not obliged to book travel services from service providers or to recruit new members.
2.4 Membership is applied for by registering and agreeing to the validity of these GTC ("membership application"). Upon registration, a personal user account ("User Account") is created by providing an e-mail address, a freely selectable password and proof of enrollment status or via a social network (e.g. Facebook).
2.6 All users are obliged to provide correct and complete personal information requested during registration of the membership application or subsequent booking. In particular, no third party data may be used. By sending the corresponding forms, the user assures that he has provided the information truthfully.
2.7 Registration can only be made online.
2.8 The membership comes into effect only upon acceptance of the membership application by FLYLA.
2.9 FLYLA is not obliged to accept new members.
2.10. Membership is not transferable.
2.11. If personal details (such as address or enrollment status) change, the member is obliged to correct the details in the user account without delay. If this is not possible, FLYLA has to be informed about these changes immediately.
2.12. By sending the registration form, the user makes a binding offer to conclude the membership. FLYLA will then send the member a confirmation e-mail. This represents the acceptance of the offer of registration. FLYLA reserves the right to reject the offer of the member without giving reasons.
2.13. The member undertakes to use the website in accordance with these GTC. The access data must be kept secret. If you believe that your access data is being used by third parties, please inform us immediately and change your password.
2.14. Multiple registration is not permitted.
3. User Account
3.1 Members can check and change their address data in the user account and manage the frequency of sending and the type of e-mails sent to them. In addition, members can view their already completed and open bookings. Members have the possibility to delete, add or edit the stored data of their user account at any time.
3.2 Members can manage the services offered by FLYLA and edit their settings in the user account.
4. Contract Term / Termination
4.1 The membership exists for an indefinite period.
4.2 The member is entitled to terminate the membership with immediate effect at any time without stating reasons.
4.3 FLYLA may terminate the membership at any time without giving reasons and without notice.
4.4 A termination has no effect on already arranged travel services.
5. Contractual Obligations of FLYLA
5.1 FLYLA's contractual obligation to perform vis-à-vis the Member consists, in accordance with these Terms and Conditions, in
5.1.1. the mediation of contracts with the respective service provider, subject to availability, in accordance with the booking request,
5.1.2. the processing of the booking. This includes, in particular, the handing over of the travel documents, insofar as these are not transmitted directly to the member by the service provider in accordance with agreements made with the service provider.
5.2 FLYLA is only obligated to determine the lowest-priced provider if a corresponding agreement has been made.
5.3 When arranging air transportation services or selling tickets, FLYLA is obliged to inform the Member about the identity of the air carrier performing the transportation service. In addition, the provisions of section 8.11. of these Terms and Conditions shall apply.
6. Booking Processing
6.1 The Member commissions FLYLA to arrange travel services from one or more service providers. This is done via the booking process on the booking portal described below.
6.2 Members can inform themselves about and select various travel services on the booking portal. A booking of displayed travel services is only possible for members. Non-registered users do not have the possibility to use the booking platform for bookings. After clicking on an offer, the user is shown further details about the travel services. In particular, the prices as well as special conditions of the respective service provider can be viewed there, which, in addition to the regular GTC of the respective service provider, become part of the accommodation and/or transportation contract.
6.3 Before booking, members must ensure that they are entitled and able to take the desired trip.
6.4 By clicking on the button "book", the customer is forwarded to the booking form. As part of the booking form, customers are asked to provide further information about themselves and persons traveling with them, as well as a telephone number for any queries. In addition, the payment method must be selected (see section 10). In the case of payment by credit card, the credit card information must be provided here, as well as the account data in the case of payment by SEPA direct debit. In addition, the total price will be displayed to the member once again.
6.5 The member accepts these General Terms and Conditions and any General Terms and Conditions of the respective service provider by checking a box. The booking process is executed by clicking the button "book with costs". By clicking this button, the member submits a binding booking order to FLYLA regarding the travel services listed on the booking page. By doing so, the member instructs FLYLA to pass on an offer to conclude a contract for the desired travel service(s) to the service provider(s) of the travel service(s).
6.6 When booking, the Member makes an offer to FLYLA to conclude a contract for the services offered on the booking portal. If the booking offer is accepted, an accommodation or transportation contract with the service provider(s) brokered by FLYLA is concluded. The contractual obligation of FLYLA is limited to the mediation of the booking. The member is bound to the booking order until the acceptance or rejection of the offer by the service provider(s). FLYLA does not act as an intermediary on behalf of the Member with regard to the negotiation or conclusion of the contract between the Member and the service provider(s).
6.7 FLYLA sends an automated order confirmation, which confirms the receipt of the booking. In the case of hotel or flight bookings, the order confirmation sent by FLYLA shall also be deemed to be a booking confirmation on behalf of the respective provider of the accommodation and/or transport service.
6.8 For the successful completion of the booking as well as for the purpose of customer service, it is necessary that FLYLA forwards some of the Member's information provided on the User Account, such as name, e-mail, address, telephone number, nationality or number of travelers, to the performing service provider(s) in compliance with the statutory data protection provisions.
6.9 FLYLA or the service provider shall be contacted by the Member immediately if the booking confirmation or travel documents have not been received. FLYLA is not liable for the non-receipt, unless this is within the responsibility of FLYLA. Upon receipt of the travel documents, the Member shall check whether they are correct and ensure that, in the case of travel abroad, the name and age match the information on the passport or other identification document.
6.10. With his/her airline tickets or other travel documents, the Member will receive specific instructions regarding air travel prior to departure directly from the Service Provider. It is possible that flight times may be changed after the airline tickets have already been transmitted to the Member. The service provider or FLYLA on behalf of the service provider will inform the Member as soon as possible in the event of a change. The respective terms and conditions of the service provider with regard to flights must be observed by the customer. FLYLA has no influence on price, service or tariff changes of the arranged travel service.
6.11. When arranging air transportation, FLYLA clarifies that due to internationally valid aviation regulations, the airlines reserve the right to make changes to agreed services within the scope of legal regulations. FLYLA is not responsible for any changes.
6.12. After completion of the booking, the text of the contract is stored by FLYLA in the form of the booked service description. It is still available to registered members for viewing on the user profile under "Your bookings". All bookings made are displayed there.
7. Service Fee & Cancellation
7.1 FLYLA may charge a service fee for arranging the travel service and for the related services. The amount of the service fee is variable and depends, among other things, on the booked travel service. The service fee will not be refunded in case of cancellation of the travel service by the customer or cancellation of the flight by the airline, unless the cancellation is due to the fault of FLYLA and/or its vicarious agents.
7.2 The travel agency contract concluded with FLYLA is fulfilled when the agency service has been rendered, i.e. when the booking is binding. For cancellation and withdrawal requests, members are therefore referred to the service provider. FLYLA shall not be liable for any additional costs arising from cancellations and changes.
7.3 Members who wish to cancel their trip may do so by making a declaration to the respective service provider. FLYLA recommends a written declaration for this purpose. The costs incurred by a cancellation result from the General Terms and Conditions of the service provider, over which FLYLA has no influence. FLYLA tries to support its members as best as possible when it comes to booking change or cancellation requests. However, the decision whether to accept booking changes or cancellations lies with the service provider.
7.4 As a rule, the rebooking and cancellation conditions of the service providers apply to travel services on the booking portal.
7.5 If changes are handled by FLYLA, FLYLA will charge a separate cancellation or rebooking fee. This fee amounts to 5.00 euros. In the event of cancellation, any refund amounts on the part of the airline will be offset against the FLYLA cancellation fee. Depending on the debit procedure, the refund from the airline or fulfillment partner will either be reduced by the cancellation fee or paid in full. In the latter case, FLYLA will deduct the fee from the agreed means of payment. If the refund amount is less than the cancellation fee, the latter is automatically reduced so that no additional costs are incurred by the member.
8. Terms of Payment
8.1 The respective possible payment methods shall be displayed to the Member in the booking process.
8.2 The respective invoice amount shall be paid in full to FLYLA within 14 days after receipt of the invoice, unless otherwise agreed.
8.3 The timeliness of payments depends on the receipt of the amount at our unconditional disposal.
8.4 FLYLA shall process all payments through an external payment service provider. Namely, this is including but not limited to Stripe. The Member agrees that FLYLA may only accept payments through this service provider or that the relevant service provider may debit the amounts arising.
8.5 Payments are due in EURO.
8.6 Discounts or promotions refer to the service fee by FLYLA, unless otherwise stated.
8.7 Payment on the booking platform is, depending on the chosen payment method, basically free of charge. Whether and to what extent a fee is charged for the payment method you have selected will be shown transparently as soon as you have selected a payment method.
8.8 All prices are inclusive of VAT. The applicable VAT rate is shown on the invoice at the latest.
9. Service Description
9.1 FLYLA offers the free FLYLA Discover service. The service enables to be informed about the best and cheapest flight offers. To use the service, the User must specify a departure airport, various destination airports or regions ("Dream Destinations"), his/her first name and e-mail address. Matching the User's information, FLYLA will send offers corresponding or similar to the Dream Destinations (destinations in the same city/country/region, destinations with the same characteristics).
9.2 The services available on the platform may also include services provided by third parties, to which the provider merely mediates access. For the use of such services - which are marked as third party services - different or additional regulations may apply, which will be pointed out to you by the provider.
9.3 FLYLA is entitled at any time to change services provided free of charge in FLYLA, to make new services available free of charge or against payment and to discontinue the provision of free services with one week's notice. The provider will take into account your legitimate interests in each case.
10.1 FLYLA reserves the right to change these GTC at any time with effect also within the existing contractual relationships. The Provider shall notify you of such changes at least 30 calendar days before the planned entry into force of the changes.
11.1 Unless FLYLA has assumed a corresponding contractual obligation by express agreement with the Member, FLYLA shall not be liable for the conclusion of contracts with the service providers to be arranged.
11.2 FLYLA shall not be liable for defects and damages incurred by the customer in connection with the arranged travel service. The responsibility for this lies solely with the service provider.
11.3 FLYLA shall only be liable for damages caused by intent or gross negligence as well as for damages resulting from injury to life, body or health.
11.4 FLYLA's own liability arising from culpable breach of agent's duties as well as for booking errors (§ 651x BGB) shall remain unaffected by the above provisions.
12. Website Availability
12.1 FLYLA shall make every effort to keep the booking portal available without interruption. However, errors, interruptions or malfunctions of a technical nature may occur which are beyond the control of FLYLA.
12.2 FLYLA cannot assure the continuous availability of the content on the booking portal or the suitability for use of the booking portal in locations outside of Germany. It is not possible to provide website access from territories where the website content is prohibited. If the booking portal is accessed from a location outside Germany, this is done on the user's own initiative. In doing so, the user is responsible for compliance with local laws.
13. Data Protection
13.1 FLYLA collects data of the Members in the context of the processing of business relations. FLYLA complies with all legal provisions on data protection. With regard to the collection, storage, processing and use of data, FLYLA refers to the statements in the data protection declaration, which applies in addition to these GTC.
14 Written Form Requirement
15. Severability Clause
16 Applicable Law
16.1 The contractual relationship existing on the basis of these GTC shall be governed by the laws of the Federal Republic of Germany.
16.2 The Commission of the European Union provides a platform for online dispute resolution (so-called "ODR platform"). This gives consumers the opportunity to resolve disputes in connection with online service contracts out of court. The OS platform can be accessed at the following link: https://ec.europa.eu/consumers/odr
16.3 FLYLA is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.