Terms and Conditions
As at December, 9th 2018
1) As operator of the www.ewings.com website, eWings.com GmbH (hereinafter "eWings.com") acts generally as an Agent for arranging transport, accommodation and related Services, such as flights, hotel reservations, rail bookings and car rentals (hereinafter "Travel Services").
2) §1 para. 1 does not apply to
a) Hotel services with assumption of costs (“Billback”) according to §5 para. 2 and
b) Services that are paid for with an AirPlus card and eWings.com is named as the service provider.
In these cases, Travel Services will be provided on behalf of eWings.com.
3) The services itself respectively the assignment for the provision of Travel Services may be arranged through the www.ewings.com website, by telephone, by email, by fax, or through an app.
4) eWings.com does not itself operate any trips. If a Booking is made through eWings.com, the Package Travel Contract entered into is generally with the Service provider indicated in each case, and not with eWings.com. These Terms and Conditions (T&Cs), therefore, generally govern eWings.com’s arranging work and have no influence on the conditions under which the Services are provided. For details and full Terms and Conditions of the Tour Operator or Travel Provider concerned, please contact us on +49 (0) 30 577 01 16 18.
5) eWings.com is under no obligation to check the Terms and Conditions of the Tour Operator or Travel Provider. No liability is accepted for the accuracy of the information provided to a Customer from his/her potential Contractual Partners, provided that
a) eWings.com has not intentionally or grossly negligently given incorrect information, or b) has given such information despite significant and/or justified doubts about its accuracy, or c) the corresponding services are not paid with an AirPlus card and eWings.com is named as the service provider.
6) This contract is concluded for corporate purposes.
1) Making the Booking and concluding the Contract: a Booking is binding as soon as the Customer clicks the "buy" button at the end of the booking process. This is a legally binding instruction for eWings.com to organise transport or other individual Travel Service with a selected Service Provider, or a Package Travel Contract with a Tour Operator respectively to assign the provision of Travel Services. The Booking shall be binding on the Customer for 72 hours. The Customer may, at any time before concluding the Booking, interrupt the booking process to identify and correct mistakes. eWings.com will, within the time period stated above, accept the Booking or contact the Customer. The Contract with eWings.com for arranging respectively assigning a Travel Service is concluded with a binding Confirmation in the form of an Invoice from eWings.com. The fee owed for this is then payable without delay, unless the Booking is for the conclusion of a Package Travel Contract with a Tour Operator. If the Booking is for a trip with a Tour Operator, the Tour Operator’s terms of payment and security shall apply. To make a Booking through eWings.com, you must be at least 18 years of age.
2) Booking confirmation and billing: a Booking will be deemed complete once the Travel Documents have been sent to the Customer. The Customer must immediately check that the Travel Documents/Booking Confirmation/Invoice received are correct. It is the Customer's responsibility to promptly inform eWings.com if any inaccuracies or discrepancies are found. We hereby inform our Customers that texts of Contracts are not retained by us. The Customer will receive an email from eWings.com with an overview of the Travel Services he/she has chosen and their costs together with the Booking Confirmation.
3) The duty of payment for the total billed travel fee, inclusive of processing and service fees, (the "Travel Price") lies strictly with the Customer or with the person specified by the Customer. If the Travel Price is not paid by the specified person, the Customer shall be liable for the full Travel Price.
4) Exclusion of the right of withdrawal: eWings.com points out that the arrangement respectively assignment of Travel Services acc. § 312 b para. 3 no. 6 BGB (Bürgerliches Gesetzbuch) is not subject to the Distance Selling Act (Fernabsatzgesetz). Thus, the customer has no right of revocation and return.
1) Registration/privacy: To use eWings.com's services, a Customer Account will be set up for you automatically after you enter your details. Your login details (username and password) will be sent to the email address provided by you. You are then free to choose and change your password. To prevent improper account use, you must keep your password secret and you must not allow unauthorised Third Parties to access your Account. As a registered user, you have access to an overview of all booked flights. Your billing address, passenger data and payment details are also saved for future Bookings and do not need to be re-entered.
2) Updating your details: Please check your personal details – such as your billing address, and particularly your email address – carefully before completing your first Booking. If you need to update your personal details, you can do this on the booking screen before completing the next Booking, or by emailing email@example.com.
3) Deletion of profiles: You can delete the profiles at any time. To do this, please send an e-mail to firstname.lastname@example.org or a letter to eWings.com GmbH, Jean-Monnet-Str. 2, 10557 Berlin, Germany. We will delete your profile including your data immediately, provided that they are no longer required for the provision and billing of Services you have booked.
4) Use of your details for advertising purposes: as well as for processing transactions for Services, the data collected through our booking platform are also used to recommend certain products, services, information and marketing campaigns to you. Customers may, at any time, object to the use of their personal details by eWings.com for advertising purposes, either in general or for individual campaigns. This will not incur any submission costs than those under the basic rates. A written notice (e.g. email, fax, letter) sent to the address above is sufficient for this purpose. Further information on how eWings.com handles personal data and about your rights of objection can be found at www.ewings.com/en/privacy.html.
§4 eWings.com Services - Software License
1) eWings.com offers web-based software for booking and managing Travel Services.
§5 eWings.com Services - Travel Services
1) Operating the booked trip as such is generally not an obligation of eWings.com. Details of the booked Travel Services are available on your customer profile on www.ewings.com.
2) Hotel cost assumption: If the customer wishes an assumption of costs (“Billback”) for hotel services, eWings.com informs the hotel about the cost assumption for previously specified hotel services (e.g. overnight stay, breakfast, parking) through eWings.com. Thus, the guest does not pay the hotel service directly, but invoicing and payment are made by eWings.com. The customer will then receive a separate invoice on behalf of eWings.com, which will be paid via the chosen payment method. In the event that the hotel rejects the cost assumption, eWings.com assumes no liability.
3) If services are paid with an AirPlus card and eWings.com is named as the service provider, the service will be provided on behalf of eWings.com.
4) Travel Documents: Travel Documents are generally sent electronically as e-tickets by email.
5) Services and changes to Services: the nature and scope of contractually-agreed Services can be found in the service description in the quote or in the information in the Travel Confirmation. The Service Providers expressly reserve the right to change the airline or aircraft, to substitute indirect flights or flights with intermediate stops for non-stop flights, or to change the flight schedule, should this become necessary.
6) Changes to flight times: in case of schedule changes, eWings.com will attempt to contact the Customer by telephone or by email. Should attempted telephone contact be unsuccessful, the Customer will be informed via the email address given during the booking process. eWings.com hereby emphasises that, in order to stay informed of any changes, it is the Customer's responsibility to reconfirm all flights with the respective airline 48 hours before departure. If the Customer fails to reconfirm and such failure leads to damages, eWings.com shall not be liable for any damages resulting therefrom.
7) Information in foreign languages: Travel Services arranged respectively assigned by eWings.com are mostly direct from international travel booking systems. As a result, information held may be in languages other than English. If you have difficulties in understanding this information, our Customer Services on +49 (0) 30 577 01 16 18 will be happy to help you.
§6 License fees
1) a) eWings.com Corporate Accounts operate under a fixed-term contract with a monthly basic fee. A Corporate Account enables Travel Services to be booked for a company (a legal person).
1) b) Any number of passenger profiles can be created on a Corporate Account. The administrator of the Corporate Account may book Travel Services for all passengers, and must pass on the Travel Documents to the passengers. An Employee Account is created by adding a passenger's personal email address. Following this, the employee can themselves log on to eWings.com and directly book their own Travel Services. He/she will then also receive their Travel Documents directly.
1) c) It is not allowed for the user to create several Corporate Accounts for one company, unless they are economically and geographically demonstrably separate.
1) d) The stipulations of the Contract and/or the Booking Confirmation shall always apply.
2) Arrangement fees: eWings.com may charge fees for the arrangement of transport services or travel.
3) Free version: eWings.com currently offers a free version of its Corporate Account. This allows unlimited flight searches, and the booking of up to 4 flights per month. Access to eWings.com telephone and email support is chargeable for users of the free version. After an appropriate warning, transaction fees of €50.00 are charged for inquiries by telephone or email. A transaction fee of €25.00 may be charged for cancellations made through the system. In connection with this, a full Corporate Account may also be opened if desired.
4) Termination of fixed-term contracts: annual contracts may be terminated one month before the end of the term. Otherwise, the contract will be automatically extended for another year. Notice of termination must be given in writing. Notices of termination by email must be sent to email@example.com. The right to extraordinary termination in those cases stipulated by law remains unaffected. eWings.com reserves the right to give to terminate the contracts of Customers with poor payment records with immediate effect, and to pass on the amount payable to a debt collection agency.
§7 Other Payment Conditions
1) Refund in case of cancellation of trip: neither one-off fees nor monthly account fees will be refunded in case of cancellation of the trip, unless the cancellation is due to a fault of eWings.com and/or its vicarious agents. The Customer is free to demonstrate that little or no expense has been incurred in this respect.
2) Payment methods: flight, hotel, rail and car rental bookings may be paid for by business credit card or direct debit. The payment methods available are shown separately prior to each Booking, together with any fees which may apply. The Travel Price is normally collected directly by the Provider of the Travel Service(s). In some cases, eWings.com is instructed by the Provider of the Travel Service(s) to collect the Travel Price on their behalf.
In the case of Air Travel Services, eWings.com usually collects the payment directly from the Customer. eWings.com, in this case, acts on behalf the respective Air Travel Service Provider. The Contract for the Air Travel Service is therefore between the Customer and the Provider of the respective Air Travel Service, unless the payment is made using an AirPlus card and eWings.com is named as the service provider.
3) Payment by direct debit: when you select the direct debit payment option, you authorise eWings.com to collect payments from your account by direct debit. At the same time, you instruct your bank to honour the direct debits drawn by eWings.com from your account. You may request the reimbursement of amounts wrongly collected/charged within a period of 8 weeks, beginning with the charge date. In this case, the Terms and Conditions agreed with your bank will apply.
eWings.com reserves the right to charge the affected Customer any chargeback fees which may result from credit card payments or return debits. The Customer is free to demonstrate that little or no expense has been incurred in this respect.
4) Payment by credit card: when you select the credit card payment option, you expressly authorise eWings.com, on behalf of the Service Provider, to collect the Travel Price owed through your credit card.
5) Changing payment details: if the Customer wishes to change the payment method after booking, eWings.com will charge an additional service fee of up to €10.00 per ticket. In the case of a correction to an Invoice, the Customer will also be charged a fee of up to €10.00. The Customer is free to demonstrate that little or no expense has been incurred in this respect.
6) Caveat: until payment has been received in full by eWings.com, there is no obligation on our part to issue the Customer with tickets, Confirmations, vouchers or other Travel Documents. The passenger/participant/Customer remains in any case obliged to pay the agreed and invoiced amounts for booked flights and other Travel Services. eWings.com reserves the right, after the affected Customer has received a warning, to cancel any flights or any other Services not paid for in a timely manner by the Customer, and to pass on related fees to the Customer. eWings.com further reserves the right, in case of a second warning, to charge the Customer a reminder fee of €15.00. The Customer is free to demonstrate that little or no expense has been incurred. Fees also include additional costs from credit card companies and/or airlines incurred by eWings.com in the event of a credit card refund. The Customer is free to demonstrate and responsible for demonstrating that little or no expense has been incurred.
§8 Rebooking, Cancellation, No-Show or Withdrawal
1) Declaration of withdrawal/cancellation: declaration of withdrawal from the trip must be given to the respective Tour Operator. However, you may also instruct eWings.com to communicate your withdrawal from or cancellation of the trip to the Tour Operator. To do this, please contact Customer Services, stating your booking number, by email at firstname.lastname@example.org or by post at eWings.com GmbH, Jean-Monnet-Str. 2, 10557 Berlin, Germany. The withdrawal shall be considered to have been requested at the time it is received by eWings.com within normal business hours (Monday to Friday 08:00-19:00).
2) Rebooking: rebooking a booked and confirmed trip is only possible if such booked and confirmed trip is withdrawn from, and at the same time a new trip is booked. This does not apply if the Service Provider has stipulated special regulations for this. Costs incurred for rebooking or payments to be made for parts of the trip will depend on the Terms and Conditions of the respective Service Provider. eWings.com recommends that you choose the ticket type that best suits your needs and take out suitable cancellation insurance.
3) Cancellation: in the event of cancellation, the refund of air tickets may be limited, and eWings.com has no control over this. Refunds depend entirely on the fare conditions or general T&Cs of the respective Service Provider. eWings.com recommends that you choose the ticket type that best suits your needs and take out suitable cancellation insurance. For details and full terms, please contact Customer Services or refer to the respective T&Cs of the Service Provider. eWings.com will provide information to the Customer to the best of its knowledge and belief. However, no liability will be accepted for the accuracy or completeness of information provided by the airlines.
4) Rescission due to error: if you wish to cancel your Booking due to a mistake on your part (e.g. a typing error), you are legally obliged to compensate eWings.com for any financial disadvantage resulting from reliance on the validity of your information and Booking.
5) No-show for a flight: eWings.com hereby expressly advises you to take into consideration the regulations of the respective carrier, with regard to cancellation of a flight leg in case of no-show for a flight leg (e.g. return flight in the case of no-show for outward flight).
6) Combination of single tickets: eWings.com allows its Customers to combine two one-way flights and book them together, instead of booking a return ticket. eWings.com offers combined one-way flights from the same or different airlines to offer its Customers a wider choice of flight combinations. Unlike return tickets, each single ticket is subject to its own terms, restrictions and fees. Please find the respective regulations in the respective Terms and Conditions of the Service Provider. In the event of one of the combined one-way flights being affected by a change to flight times such that the Customer also has to change the other booked one-way flight, the Customer shall be responsible for bearing all fees resulting from changing such flight.
7) Cancellation insurance: To cover any expenses you may incur, we recommend you take out travel cancellation insurance.
§9 Please Check Visa, Passport, Customs or Health Regulations Before Booking
1) Personal responsibility: each passenger/participant is themselves fundamentally responsible for ensuring that all prerequisites necessary for them to make the trip are fulfilled. This includes all domestic and foreign entry and exit regulations as well as other statutory provisions, such as health regulations, passport regulations and visa requirements. The same applies for obtaining all necessary travel documentation.
2) Legal information obligation: as part of its statutory information obligation, eWings.com will, in good faith, provide information regarding these issues on request. However, eWings.com cannot accept any liability for the information provided. eWings.com hereby advises that the authorities may alter any regulations at any time. Passengers are therefore advised to obtain information themselves from the responsible authorities and institutions prior to departure.
§10 User Liability and Rules of Conduct
1) Accuracy of information: the Customer shall be liable for the accuracy of the information given when making a Booking. If costs arise due to incorrect information, these shall be at the Customer's expense. eWings.com reserves the right, if given incorrect information, to cancel the Booking at the Customer's expense.
2) Non-commercial use: the website www.ewings.com is solely for your personal and non-commercial use. You may not copy, disseminate, transfer, license, alter, modify, give away or sell any information, software, products or services you receive from eWings.com.
3) Respect of applicable law and user conditions: the eWings.com website and services may only be used in a manner that does not violate the law of the Federal Republic of Germany or these T&Cs.
4) Liability for your actions and the actions of Third Parties: to prevent improper account use, you must keep your password secret and you must not allow unauthorised Third Parties to access your Account. In accordance with legal provisions, you are responsible for your own use of the eWings.com website as well as for the use of your Account by others. You must supervise all Bookings, cancellations, or rebookings made through our website, by telephone or by email in your name or at your expense. All information given by you, your employees or members of your household on your behalf when using eWings.com services must be correct and complete.
5) Indemnification against Third-Party Claims: you hereby indemnify eWings.com and its vicarious agents against any Third-Party Claims, including the costs of appropriate legal prosecution and defence, which may be brought against eWings.com or its vicarious agents due to negligence on your part.
§11 Liability of eWings.com
1) Liability of eWings.com as Agent: the contractual services and the scope thereof stem from the Tour Operator or other supplier's service description, as well as the information referring thereto in the Travel Confirmation. eWings.com is under no obligation to check the information given by Tour Operators or other suppliers. Therefore, eWings.com will accept no liability to any participant/passenger for the correctness or completeness of the information provided by their potential Contractual Partners. We hereby advise our Customers that if a Booking is confirmed based on accidentally-entered incorrect data, or a software error at the time of Booking, eWings.com shall be entitled to contest the validity of any Contract thus concluded.
2) Liability of eWings.com as a service provider: If eWings.com acts as a service provider in accordance with §1 para. 2, then eWings.com is also liable for the respective Travel Service.
3) Limitation of liability of eWings.com as a Agent: The provision of Travel Services which are the responsibility of the respective Service Provider is generally not subject of the Contract with eWings.com. The respective Operator or Service Provider shall therefore be solely liable. Generally, eWings.com accepts no liability for Services to be provided by the respective Service Providers. However, eWings.com shall be liable to the Customer for proper arranging work carried out with the due care of a prudent businessman.
For specific trip information, eWings.com is reliant on information from the respective Tour Operators. eWings.com is not able to check all information for correctness, and therefore cannot give the Customer any guarantee that the information supplied is correct, complete or up-to-date. The same applies to other information on this website which has been provided by Third Parties.
eWings.com will, at all times, make reasonable efforts to ensure that the information available through the booking portal, such as prices, dates and restrictions, is complete, up-to-date and correct at the time of publication. Should, however, a Booking be made based on inaccurate information, e.g. due to a technical fault or an error at the time of booking, eWings.com reserves the right to expressly contest the validity of any Contract thus concluded, to the extent that this is permitted by relevant legal provisions.
eWings.com is also not liable for the availability of a trip at the time of Booking, or for the provision of a booked trip.
All liability of eWings.com is limited to wilful intent and gross negligence, unless material contractual obligations have been demonstrably breached. In case of minor negligence, eWings.com will be liable only for typical and foreseeable damages. The liability of eWings.com for each individual case of minor negligence is limited to the maximum value of the booked Service from which the Customer claim results. The limitation period for all damage claims is 12 months from the damages being incurred. This does not include claims resulting from tort.
The limitations of liability above do not apply to claims made under the German Product Liability Act (Produkthaftungsgesetz) or other liability under warranty. The same applies to deaths, physical injuries or damage to health for which eWings.com is culpable. Where liability of eWings.com is excluded, this exclusion of liability also applies to all employees, legal representatives and vicarious agents of eWings.com.
§12 Data Protection
1) General: The processing of the booking order is carried out taking into account the respectively valid data protection regulations. Furthermore, the data collected will only be passed on to external Third Parties within the framework of statutory provisions or regulations. Where necessary, user data collected on registration will be forwarded to the respective Service Providers to enable Contracts which have been concluded to be processed.
2) Customer profile: You are aware that the information contained in the customer profile and made available to eWings.com for the purpose of travel booking services contain personal data as defined in the European and German data protection laws.
3) Data processing: Where eWings.com processes personal data as part of the provision of eWings.com’s services, eWings.com will do so exclusively on your behalf. In order to ensure compliance with the related data protection requirements the parties enter into the data processing agreement attached hereto.
4) Your obligations: You warrant and represent that (A) all personal data contained in customer profiles are collected and processed in accordance with the legal requirements; (B) the personal data is always up-to-date; (C) for the transfer of the personal data to eWings.com and to third parties and for the processing of such data by eWings.com for the purposes of provision of booking services and Travel Services either (i) a consent of the individuals that are subject of the services (“Travellers”) has been obtained; or (ii) another lawful justification pursuant to the GDPR or the BDSG (Bundesdatenschutzgesetz) has been established and documented by you; (D) in relation to travel to countries outside the European Union (EU), where the processing of personal data by eWings.com or third parties may take place in countries whose level of data protection does not meet the EU requirements, either (i) an explicit consent of Travellers has been obtained after they have been informed of the potential risks of such data transfers, or (ii) another lawful justification pursuant to the GDPR or the BDSG has been established and is documented by you; and (E) that (i) Travellers have given their consent so as to enable eWings.com to provide management information reports to you in relation to the Travel Services received by Travellers, or (ii) another lawful justification as laid down in the GDPR or the BDSG has been established for this purpose as documented by you.
5) Further Information: In relation to the use of personal data at eWings.com and your right of objection, please refer to: www.ewings.com/en/privacy.html.
§13 Final Provisions
1) Force majeure: if force majeure prevents eWings.com from fulfilling its obligations in whole or in part, eWings.com shall be released from fulfilling its obligations until the cessation of force majeure.
2) Changes to the Terms and Conditions: eWings.com reserves the right to change or renew the Terms and Conditions (T&Cs) for the use of this website at any time. eWings.com stores your booking information and the T&Cs applicable to the Booking (together the "Contract"). The latest version of the T&Cs can be found at www.ewings.com/en/termsofuse.html.
3) Ineffective provisions: should it transpire that one of the provisions above is ineffective or unenforceable, the effectiveness of the remaining provisions will be unaffected.
4) Jurisdiction and applicable law: this Contract is subject to German law. The place of jurisdiction is Berlin, seat of eWings.com, if you are a merchant or have no permanent residence in the Federal Republic of Germany.
5) Language: Bookings on eWings.com may be made in German or English.
6) Business hours: Customer Services can be contacted around the clock on every day of the year. Contact with qualified advisors is guaranteed during business hours, from Monday to Friday between 08:00 and 19:00 (CET), except in case of technical faults. Customer Services can be contacted on +49 (0) 30 577 01 16 18 or email@example.com. A paid Account is required for use of Customer Services.
T +49 30 577 01 16 18
F +49 30 577 01 16 20
Registergericht Berlin Charlottenburg
HRB 153136 B
Geschäftsführer: Thilo Hardt, William Francis Brindle