E-Ticketing Vertragsbedingungen der IATA (Int. Air Transport Association): Click here
Bestimmungen zu Gefahrguttransport der IATA (Int. Air Transport Association):
E-Ticketing Vertragsbedingungen der IATA (Int. Air Transport Association): Click here
Bestimmungen zu Gefahrguttransport der IATA (Int. Air Transport Association):
The present General Terms and Conditions of Business and Booking (GTCBBs) of BTU Business Travel Unlimited Reisebüro GesmbH (BTU) apply to travel contracts which BTU arranges with companies as a travel agent within the framework of an agency contract for travel management. As a travel agent, BTU brokers travel contracts for travel services (individual services, travel arrangements) between the customer (company) on the one hand and the service provider on the other (agency agreement). Within the scope of the contract, BTU also provides travel-related ancillary services such as the organisation of travel permits, fulfilment of individual requests for additional offers, review of travel compensation and risk management, as well as the fulfilment of welfare obligations within the context of global travel management. The travel contracts for booked services brokered by BTU are concluded between the brokered service providers (airlines, hotels, car rental companies, visa services, railways, tour operators, etc) and the company and are provided by the service providers. BTU is not a party to the contract. Contractual conditions and general terms and conditions of business and travel of these service providers are not affected by these GTCBBs and retain their validity. These terms and conditions shall be deemed to be agreed as soon as the company submits a written request to BTU for the provision of business and BTU confirms this request in the form of an offer with uncontradicted reference to the use and publication of the GTCBBs on the homepage. The GTCBBs thus form the basis of the concluded agency agreement.
For selected services, BTU commissions subcontractors (e.g. rail, visa, hotline, travel compensation, etc) to fulfil its contractual obligations and service offerings. If these services are used, the following rules for cooperation shall also apply. Bookings are subject to a joint agreement concluded for business purposes. Business trips organised and carried out on the basis of a framework agreement are not subject to the scope of the Federal Act on Package Travel and Related Travel Services (Package Travel Act [PRG]).
The commissioning company is responsible for ensuring that its ordering employees are aware of the GTCBBs.
ORDER AND CONFIRMATION OF THE SERVICE
The order of the respective travel service with all personal and factual information necessary for the offer is made by telephone or electronically (mail, tool, application, etc.).
Necessary details are: Date of birth, travel dates, accommodation requirements, mobility restrictions, etc. The order will be processed by BTU as agreed (booked as standard in the Global Distribution System, a central reservation system, (GDS) and confirmed in the form of a non-binding offer. In the offer, BTU shall state all essential travel conditions such as fare, taxes, cancellation and rebooking fees, prescribed deadlines (e.g. time limits, restrictions on length of stay, dates of issue, etc) for issuing the air fare. A fare guarantee from service providers (e.g. airlines) only exists if the offer is accepted immediately and the contract documents (tickets, vouchers) are issued. Surcharges for rebookings depend on the fare and availability and can only be announced at the time of rebooking. The services offered by BTU are non-binding and subject to change until acceptance of the offer by the customer; the contract between the customer and the service provider shall only be concluded upon written acceptance of the offer. The customer is responsible for compliance with the deadlines specified in the offer (e.g. stay restrictions, time limits). In the event of non-compliance, he shall bear all consequences resulting therefrom (e.g. tariff increases).
For more information, see ‚Use of airline tickets‘. Customer requests received by BTU (e.g. seating, room locations, etc.) shall constitute a commitment to use. They are non-binding and do not give rise to a legal claim until they have been confirmed by the service provider in the sense of a specification. The same applies to the registration of the ticket within the framework of frequent flyer programmes by BTU. Self-bookings by the ordering party via a self-booking tool shall be deemed to be ‚untouched by BTU‘ (no control) and shall be issued immediately. The travel contract comes into effect with the completion of the booking in the tool.
All flight times and fares offered in the quote are subject to change by the service providers. Bookings by BTU via distribution channels other than the GDS such as the internet or via a self-booking tool are subject to separate regulations. The same also applies to group bookings.
For customers who have a regular business relationship with BTU, the BTU costs associated with the order and the general method of processing the business case are known to the booking employees. The same applies to private bookings by the customer‘s employees.
As a matter of principle, it is assumed in the order that the ordering party is aware of the company‘s travel policy valid at the time, i.e. bookings deviating from this are deemed to be authorised for BTU.
TIME LIMIT AND TICKET ISSUE
Time limit means the airline‘s determination of a time by which the ticket must be issued at the latest. If airlines request early ticket issuance through fixed advance booking deadlines, BTU will inform the customer of this in the offer. If the customer does not confirm the ticket issue in time, this may result in additional costs for which the customer is responsible.
Tickets will be issued after written confirmation of the offer by the customer. The confirmation must be received during office opening hours, otherwise the issue can only be carried out on the next working day. In urgent cases, binding confirmations or orders may also be issued verbally; such confirmations shall be documented by the customer without delay.
Upon confirmation of the offer, the customer shall simultaneously enter into a contract with BTU for the respective consulting or booking service, for which the terms and conditions of the service providers agreed upon at the time of confirmation as well as the contractual and business terms and conditions of BTU shall apply. At the same time, the company enters into a contract with the service provider for the provision of the mediated service. The tariff status is the respective dispatch date of the confirmation.
All fares quoted in the offer or ticket are exclusive of the service/handling fee and ticket service charge (TSC) agreed with BTU. The airline segment fees and the GDS system fee are charged separately.
DELIVERY, TRANSMISSION OF DOCUMENTS AND THEIR COSTS
After confirmation of the offer, the customer will receive an electronic Passenger Receipt/Ticket, which must be carried on the entire journey. The dispatch of contractual documents shall be determined by BTU and, in the absence of a deviating regulation, shall be at the expense and risk of the customer. Where legally permissible and possible, this is generally done electronically. The address last notified to BTU (including e-mail address) shall be deemed to be the delivery/contact address. Changes are to be notified by the customer without delay (written notification recommended). In the case of postal transmission, the approximate delivery costs will be disclosed before dispatch.
The risk of destruction, loss, damage, incorrect delivery (spam or junk mail) or delayed delivery of a consignment shall pass to the customer when the contractual documents are handed over to the carrier or sent to the customer. In the event of a defective delivery, the Supplier shall not be liable for any consequences whatsoever.
CHECK FOR COMPLETENESS/CORRECTNESS
The customer is obliged to check the travel documents (offers, tickets, visas, etc) immediately after receipt for completeness and factual correctness of the information/dates and any discrepancies and incompleteness. Such discrepancies shall be notified immediately for correction. If no feedback is received from the customer, the information in the reservation shall be deemed to be correct. Complaints and corrections will not be made free of charge by BTU as of the day following transmission of the documents.
The traveller is solely responsible for knowledge and procurement of information concerning entry regulations and the availability and validity of the documents required for travel.
The traveller is obligated to comply with the recommended and prescribed health and entry regulations of the transit and destination countries as well as the travel instructions of his/her company. BTU shall have no obligation to provide information about generally known conditions and travel regulations of the destination country and place, and any liability in this regard is expressly excluded. Information can be found at https://www.bmeia.gv.at/reise-aufenthalt/reiseinformation/ or at the Institute for Travel and Tropical Medicine (www.tropeninstitut.at). This also includes information on entry, visa and vaccination regulations for the countries visited. In particular in times of crisis (e.g. pandemics), voluntary information on entry requirements is provided to the best of our knowledge and belief without guarantee or liability for its correctness due to the volatility of the factual and legal situation and the frequency of changes. BTU shall not be liable for compliance with the entry regulations (e.g. customs and foreign exchange requirements) of the destination country and the carrier. To provide against emergencies, the traveller also has the option of registering on the BMEIA website (https://www.bmeia.gv.at/reise-aufenthalt/auslandsservice/reiseregistrierung/).
USE OF FLIGHT TICKETS
The International Conditions of Carriage of IATA (published on www.btu.at), these GTCBBs and the Conditions of Carriage of the respective service provider booked and used as well as the conditions stated in the offer or ticket apply to the use of air tickets.
These conditions stipulate, among other things, that flights may only be taken in the continuous order of the flight coupons. The customer‘s decision not to fly a part of the journey may therefore lead to a cancellation or a fare increase (resulting in an additional charge). This also applies if passengers stay longer than booked at transit points, especially if these points are expressly marked as „transit“ in the ticket. Furthermore, it may make sense to buy separate tickets for one journey for cost reasons. The passenger is aware of the possible consequences resulting therefrom (e.g. delays, check-through, luggage transport). BTU does not assume any additional costs or liability for onward transport in the event of unplanned changes. It is the responsibility of the traveller to take timely action regarding his/her travel if disruptions in flight operations have been publicly announced (e.g. media).
BTU has no information about the actual use or non-use of purchased tickets or legs of the journey and does not provide any documentation in this regard. Airlines check bookings according to the criteria of IATA Resolution 830a and, e.g. in the case of „no shows“, charge travel agencies subsequently with handling fees, which BTU charges to the ordering company in the event of a cancellation.
BTU is not obligated to inform the customer about cancellations/changes of travel dates or routes after tickets have been issued; this obligation remains with the customer. However, BTU will make every effort to inform the customer of any changes during BTU‘s opening hours if the relevant information is available in good time. The prerequisite for this is the availability of complete contact information for the traveller (e.g. telephone number and e-mail).
REFUND OF TICKETS (REFUNDS)
BTU must be actively informed of the non-use of electronic flight coupons if they are to be submitted for refund. Partially used tickets and goodwill solutions must be submitted to the airlines, which reserve a processing period of up to 6 months.
BTU will not receive any information about the actual refund of the submitted amounts.
Refunds are not carried out by airlines free of charge. The fees charged by the airlines vary according to the amount of work involved. BTU acts only as an intermediary in this regard and passes these fees on to the customer, including a BTU handling fee.
INTERNET BOOKING ENGINE (SELF-BOOKING TOOL)
Upon request, BTU will provide its customers with a self-booking tool on the internet, which the customer can use to make immediate bookings with service providers. Use of the system is subject to its own separately agreed conditions (SLA – Service Level Agreement).
BTU shall act only as a system provider for transmitting booking information and as a ticketing agent for issuing tickets. BTU accepts no liability whatsoever with regard to the functionality and usability of the system, the use of access, the display of prices, compliance with booking and tariff conditions, and entries for data processing and the form of payment. Any subsequent charges by the airlines will be passed on to the customer.
Compliance with the necessary check-in times is the responsibility of the passenger. Web check-in is to be carried out by the customer. The passenger is responsible for arriving on time at the departure gate and must therefore also allow time for security checks at the airports. The travel agency is not responsible for the punctuality of the stated connections to the airport.
BTU commissions a subcontractor with this service. Seat reservations with the rail provider will be announced according to the customer‘s wishes, but are only the input of a preference, which cannot be guaranteed. The railway‘s system only allows a specific choice of seat at the time of booking.
The systems of the sub-supplier and BTU are not linked to each other. Therefore, when making a booking request, all personal and travel details required for the booking must be provided.
RAIL TICKET RETURN
Once issued, rail tickets can no longer be rebooked or cancelled free of charge; fees set by the railway company will apply and will be deducted. For tickets purchased within the framework of the ÖBB-Business account, other rules set by ÖBB apply, which are laid down in the direct contract between the customer and ÖBB. When the ticket is sent, the liability for this document is transferred to the recipient. In case of loss of rail tickets, no replacement is possible on the part of the railway company.
RETURN OF PARKING TICKETS FOR VIENNA AIRPORT
Credit balances of parking tickets purchased from BTU cannot be refunded.
EMERGENCY HOTLINE: TEL. + 43/1/51 6 51 – 999
BTU offers a personal emergency service outside office hours (MON.-FRI. 8 a.m. – 6 p.m., except public holidays) for same-day or next business day travel. Reservations of flight tickets, new bookings, rebookings, rental cars, hotel rooms can only be booked for travellers in emergencies in the GDS, not via other distribution channels (e.g. online). New bookings within the scope of the emergency service shall only be made if the traveller has been set up as a regular customer with a profile at BTU. Orders that can also be processed during office hours due to lack of urgency, as well as general information and other assistance, are not considered emergencies. BTU reserves the right to charge the additional costs of these services in the event of unjustified use of the emergency service.
APPLICATION FOR TRAVEL AUTHORISATION
A travel authorisation is a document confirming that a traveller is permitted to enter a country, e.g. visa, ESTA, eTA, etc. Upon request, BTU or third parties acting on behalf of BTU as intermediaries or service providers will inform and apply for a travel permit from government authorities on behalf of the traveller. This shall be on the assumption that the traveller is an Austrian citizen. If the traveller is not an
Austrian citizen, the person making the booking is obliged to inform them of this at the time of booking. The traveller shall inform himself/herself about the deadlines and time periods required to obtain the necessary documents.
Requirements for visa applications by BTU or third parties on behalf of BTU:
- The traveller must provide the complete travel information. Changes to the data cannot be made after the data has been provided and the
order has been forwarded to the authorities.
- The necessary documents shall be provided in full and in good time.
- Insofar as deadlines are stated, these apply from receipt of the documents. Processing durations are indicative; a maximum duration is not guaranteed unless expressly stated. BTU has no influence on the processing time of an application by state authorities. Upon request, travellers must provide improved documents/data without delay or otherwise cooperate with the application. These additional requirements must be met by the traveller himself/herself; BTU does not act as an intermediary in this regard; communication takes place directly between the authorities and the traveller; BTU is not responsible for any extended processing times.
- The procurement fees apply from/until receipt of the documents and exclude the cost of the visa. For further information, please visit www.btu.at. The traveller shall indemnify BTU against all claims, sanctions and criminal prosecutions by authorities, including the immigration/foreigners/border protection authorities or an embassy or consulate, if it is found that the customer and/or one of the travellers knowingly or unknowingly provided false, incomplete or fraudulent data and/or documents. The decision as to whether or not to grant a requested (inward) travel authorisation depends on circumstances beyond the control of TAU. BTU cannot guarantee that the requested application will result in the granting of a (single) travel permit. The traveller acknowledges that even if a travel permit is available, actual entry or stay may be refused for other reasons beyond the control of BTU. Even in the event that a valid (entry) travel permit is not issued within an average processing period despite submission of an application, for example due to rejection of the application by the state authority, BTU shall have fulfilled its obligation to make efforts and shall be entitled to full payment. BTU shall not be liable for any direct, indirect, material, immaterial consequential or corporate damage (such as lost revenue or profit) suffered by the customer as a result of the commissioning of travel permits, except in cases of gross negligence and intent.
For hotel reservations, the prices at the time of booking for the booked room category/service (e.g. incl. or excl. breakfast) as well as the booking conditions will be announced. BTU shall not be liable for possible additional charges and taxes such as local fees, statutory VAT, service charges and their possible increase as well as additional services. It is common practice for hotels to hold reservations only until 4:00 p.m./6:00 p.m. on the day of arrival, unless the reservation is guaranteed with a credit card. If the customer does not guarantee the reservation with a credit card, he/she is responsible for observing this check-in deadline.
At the customer‘s special request, BTU will guarantee compliance with the above deadline with the hotel. This requires a written commitment from the customer to BTU. Should the traveller fail to comply with the reservation guaranteed in this manner, he/she shall bear all consequences/costs arising therefrom. If the hotel charges costs to BTU, BTU will charge these costs to the company in addition to a BTU handling fee.
When booking conferences and groups in hotels, the special conference conditions of the individual hotel apply, which we will send with the booking upon request.
CAR HIRE RESERVATIONS
In the event that BTU arranges for a rental car, the customer shall conclude a rental agreement with the respective car rental company. BTU has no influence on the form, conclusion, and execution of the rental contracts; the respective rental terms and conditions of the provider shall apply. In the event of premature return, delayed pick-up (e.g. due to flight delay), or if a rental car is not used, there shall be no claims for reimbursement against BTU. Only one vehicle category can be specified at a time for rental car reservations. Each category includes vehicles from different manufacturers of approximately the same type. A customer request for a specific vehicle type will be forwarded by BTU to the rental car station in the sense of a commitment to use the vehicle, but is non-binding and does not constitute a legal claim. The prices stated in the booking confirmation are binding. If BTU issues a car rental voucher with the note „Full Credit“, the passenger shall be liable to BTU up to the total amount of the order. Please make sure that you are aware of the equipment and insurance at the time of booking and of any necessary additional services at the time of pick-up of the vehicle. The customer is solely responsible for the services contractually agreed upon at the time of pick-up.
As a travel agent, BTU only provides agency services and, to the extent that a limitation is legally permissible, is therefore liable only in the event of its own breach of the agency agreement due to intent or gross negligence. BTU shall be liable for the consequences of booking errors (e.g. typing errors), provided that these are not due to erroneous or incorrect or incomplete information provided by the customer or to unavoidable and extraordinary circumstances. Consequently, no liability shall be assumed for damages, losses, non-observance of deadlines, etc. caused by a defect in a service booked through BTU with a service provider. BTU shall not be liable for any damages, either direct or indirect, resulting from flight cancellations or travel restrictions due to national and international entry restrictions, irrespective of the cause, except in cases of mandatory legal provisions. BTU shall assume neither liability nor a guarantee for the conclusion, performance, provision, or consequences of the non-conclusion of the brokered service contract or for the provision of a service that was not brokered or promised by BTU, or for the services booked by the traveller himself/herself in the tool. This shall apply in any case in the event that the services booked via BTU are not provided for reasons for which BTU is not responsible (e.g. overbooking, force majeure, delays or strike). Likewise, BTU assumes no liability for the accuracy and completeness of the information provided by service providers or for their conduct. Based on the contract concluded between the customer and the service provider, the customer has direct claims against the service provider and must negotiate directly with the service provider as to how a claim for reimbursement and transportation is to be implemented. Complaints must always be made on the spot in order to give the service provider the opportunity to rectify the situation. Any liability shall be governed exclusively by the general terms and conditions of the service provider and, in the case of mediated air transport, additionally by the statutory provisions of the Air Transport Act for domestic flights and, insofar as applicable to the respective flight, the provisions of the Warsaw Convention or the Montreal Convention. With the exception of gross negligence, the liability of the travel agency shall be limited in individual cases to the value of the underlying travel service.
BTU shall not be liable for the accuracy/up-to-dateness of personal data transmitted to the airlines within the scope of APIS (Advance Passenger Information System) with a flight booking.
The traveller is solely responsible for knowing and obtaining information about entry regulations and the validity of travel documents. BTU is not obligated to provide information on entry requirements to the traveller, and any liability in this regard is expressly excluded. In times of crisis (e.g. pandemics), voluntary information on entry requirements is provided to the best of our knowledge and belief, but due to the volatility of the factual and legal situation as well as the frequency of changes, no guarantee or liability is assumed for its correctness. BTU shall not be liable for any damage, whether direct or indirect, resulting from flight cancellations or travel restrictions due to national entry restrictions, regardless of the cause, outside of mandatory statutory provisions.
EXAMINATION OF CLAIMS FOR COMPENSATION
BTU actively informs its customers about claims for compensation due to flight delays in accordance with the „Air Passenger Regulation“ (EU Regulation No. 261/2004). In order to verify a possible claim, booking data (e.g. Passenger Name Record – so-called „PNR data“ such as booking code, flight number, date, flight route, customer number, e-mail address) of the person making the booking will be transmitted to a travel compensation company. After BTU has informed the customer that he or she is entitled to compensation, the customer may
submit a request for compensation in his or her own name and conclude a contract with the respective travel compensation company. Any liability of BTU in connection with the enforcement of compensation claims is excluded.
MOBILE TRAVEL PORTAL
Upon request, BTU shall provide its customers with access to a mobile, client-capable internet-based travel portal and a mobile APP under the name „MyWay by BTU“. In the event that this mobile service is used, the general terms and conditions „MyWay by BTU“, which can be viewed at https://www.btu.at/allgemeines/agbs, shall apply in addition to these GTCBBs.
BTU shall charge a handling fee for its travel agency services (e.g. processing travel bookings, issuing flight tickets, obtaining travel permits, etc.). The amount of this handling fee depends on the type of service and/or the contractual agreement of the company with BTU and is based on the systems and processes used by BTU. Changes in the general conditions (e.g. increased infrastructure or system provision costs, increased digitisation requirements, expanded range of services) shall grant BTU a unilateral, also subsequent, right to set services and prices pursuant to Section 1056 of the Austrian Civil Code. BTU shall also be entitled to charge for additional services that are newly offered during the year, are not yet contractually fixed, and are ordered by the customer‘s employees. A list of the ‚General Fees‘ applicable in the absence of any other agreement can be requested at firstname.lastname@example.org. Ancillary services of the airlines (e.g. a la carte meals, baggage and seat reservations, etc.) will also be booked upon the customer‘s order and charged with a BTU handling fee. BTU reserves the right to charge additional reasonable fees and surcharges for additional services if the workload initiated by the customer increases beyond the initially defined level or beyond the usual workload (e.g. booking channels, invoice copies, special reports). This also includes the more time-consuming booking of network airlines via distribution channels other than global distribution systems (GDS). BTU also reserves the right, in the event of failure by the company to meet the agreed level of demand, to pass on charges for the increased costs of providing resources as a result. All charges are per transaction, plus VAT if applicable, or per billing unit. The Ticket Service Charge (TSC), the GDS (=CRS) system fee, the Segment Fees or Ancillary Service Fees (ASF), if applicable, will be listed separately on the invoice in accordance with IATA specifications. Remuneration for services already provided will not be refunded in the event of (re)booking or cancellation of a booked service.
Employees of corporate customers are also aware of the booking conditions for their private travel or can be provided with them on request.
The remuneration, prices and costs are value-secured. The value guarantee is based on the consumer price index 2015 published monthly by Statistics Austria or the subsequent index replacing it. Any increase in remuneration, prices and fees shall be implemented at the beginning of the year or half-year of a calendar year and shall be announced in the preceding month.
Unless otherwise agreed, all invoices for business travel are due and payable without deduction upon handover of the documents. Payment shall be made by (company) credit card as standard, the payment details of which shall be requested when the order is placed or taken from the entry already made in the BTU system. In exceptional cases, a credit card may be required as security for cash payments. In this case, the payment deadlines of the credit card companies shall apply.
Payment for the arranged main service is always made directly with the service provider. For services which are not paid for directly with the service provider or by credit card, BTU will charge an additional fee of €8.50 for processing the transaction.
BTU creates master data profiles for both the company and the company‘s travelling employees, which include personal and company data. Information about which data is collected can be found in the privacy statement, available at https://www.btu.at/allgemeines/datenschutz. This helps to ensure that BTU‘s contractual obligations are fulfilled quickly, clearly and without errors. The customer is responsible for ensuring that the data is up-to-date; he/she must notify any changes to this data without delay or change it himself/herself in the tools made available to him/her.
The provisions and information on data protection are set forth in a detailed privacy statement available at https://www.btu.at/allgemeines/datenschutz. BTU will process personal data disclosed in accordance with this information solely for the purpose of fulfilling contractual and legal obligations and for the protection of (predominantly) legitimate interests. This is the case, for example, for the purpose of handling travel, events, targeted direct advertising and improving customer relations. In order to fulfil contractual obligations, BTU also uses third parties or processors who are contractually obligated to comply with data protection requirements, insofar as this is necessary and permissible. Third parties shall themselves be responsible for compliance with data protection requirements vis-à-vis the customer. The customer may unconditionally object to data processing in connection with direct advertising and behaviour/interest assessment at email@example.com at any time with effect for the future or revoke any consent given to data processing.
PROCESSING OF PERSONAL DATA (DATA PROCESSING CLAUSE)
1. BTU and the customer shall comply with the applicable data protection framework in accordance with their respective roles as controller and processor, as set forth below. For the purposes of this data processing clause, data processing refers to all processes that are carried out with personal data as defined in Article 4 clause 2 of the GDPR.
2. In connection with the performance of services during the term of the contract with BTU, the following categories of data may be processed:
a Personal data (name, title, gender, date of birth, nationality, children, age of children, language, accompanying persons, picture)
b Contact data (telephone number, e-mail address, online data)
c Passenger data (booking code, booking date, ticket issue, departure-arrival data, itinerary, baggage details)
d Ticket data (ticket number, air carrier)
e Data processing issuance date, fare advertisements)
f Other data (hotel accommodation, driving licence number, frequent flyer data, dietary requirements, payment information, billing addresses, travel agency details)
3. For the use of BTU‘s services, the parties acknowledge that the customer, as the party ordering BTU‘s services, is the controller, while BTU is the processor for the data specified in Section 2 and, in the absence of any other agreement, will process this data in accordance with the instructions of the controller contained in these GTCs.
4. The purpose of processing this data is to fulfil the commissioned service in compliance with all other legal obligations (travel organisation, business travel management, congresses, events, group travel, ancillary travel services, fulfilment of individual requests, risk management, compliance with duties of care, cooperation with the Passenger Data Centre, etc.) on behalf of the customer, so that the customer can centrally control, invoice and optimise the travel activities of its employees/third parties.
5. Within the context of global customer service, BTU may also transmit the data mentioned in Section 2 to third parties for the purpose of contract performance, in part via specified software solutions, e.g. Air Travel Programme, Global Distribution Systems (GDS – Amadeus, Travelport, Sabre), and service providers (air, rail, car rental and hotel companies). These third parties are controllers within the meaning of Art. 4 no. 7 GDPR and are not sub-processors of BTU.
6. In its capacity as a processor, BTU is obligated:
a to process personal data only on the documented instructions of the controller, whereby these terms and conditions shall suffice as instructions for this purpose. Processing of data for personal purposes is generally prohibited.
b to process data within the EU as a matter of principle, but due to requirements in global travel management, some data processing is also carried out outside the EU or EEA. However, this is only permissible if the admissibility requirements of Chapter V of the GDPR are met.
c to take all necessary measures to protect the confidentiality of the personal data of customers and the security of the processing (through appropriate technical and organisational measures in accordance with the GDPR).
d to ensure that the persons authorised to process the personal data have committed themselves to confidentiality or are subject to a corresponding statutory obligation.
e not to engage any other processor of personal data without the prior explicit or general written consent of the customer. However, BTU shall be authorised to use the sub-processors categorically named in the privacy statement (https://www.btu.at/allgemeines/datenschutz). A specific naming may be omitted due to the protection of trade secrets. They will be named in justified cases. BTU shall conclude the necessary agreements within the meaning of Art 28 para. 4 of the GDPR with the sub-processors and shall ensure that they enter into the same obligations that are incumbent upon BTU on the basis of this agreement. A subcontracted processing relationship requiring consent shall not exist if third parties are used within the scope of an ancillary service to the main service without specific reference to services that BTU provides for the customer (e.g. personnel, postal, communication and shipping services, cleaning and security services).
f not to pass on the contractual services in their entirety to sub-processors. The processor shall inform the controller of any intended change regarding the use or substitution of other categories of processors in order to give the controller the opportunity to object to such changes.
g taking into account the nature of the processing, to assist the controller by taking appropriate technical and organisational measures, where possible, to enable the controller to comply with his/her obligation to respond appropriately to the exercise by data subjects of the rights set out in the GDPR.
h at the controller‘s discretion, to delete or, at the controller‘s discretion, to return all personal data provided (directly or indirectly) to the processor by the customer and delete existing copies, unless European Union or Member State legislation requires the retention of the personal data;
i to provide the controller with all information necessary to demonstrate compliance with the above obligations and to enable and assist in the conduct of audits by public authorities, by the controller or by its agents.
SEVERABILITY CLAUSE AND PLACE OF JURISDICTION
Should individual provisions of these general booking conditions be invalid, this shall not affect the validity of the remaining provisions – the place of jurisdiction shall be the court with subject-matter jurisdiction at the registered office of BTU, currently Vienna.
AGREEMENTS WITH BTU
These terms and conditions shall also be valid without an individual agreement with BTU. In addition, the provisions of the direct agreement between the customer and BTU and the respective Service Level Agreement shall apply.
BTU Business Travel Unlimited Reisebüroges.m.b.H.
Stella-Klein-Löw-Weg 13, OG 3, 1020 Vienna, Austria
T: +43 1 51 6 51 - 0 F: +43 1 51 6 51 - 98
FN: 40236x ATU15416707
Headquarters: Vienna Commercial Court
These terms and conditions shall also apply to the subsidiaries and Herburger Business Travel GmbH.
No employee of BTU shall be entitled to amend, modify or waive any provisions of these booking conditions. The respective terms and conditions of the service providers, IATA and the ARB, excerpts of which are published on www.btu.at, shall apply in addition