General Terms and Conditions of jetbeds

The operator of the jetbeds website and owner of the jetbeds brand is ASW Travel AG. This company is 100% owned by ASMALLWORLD AG and is thus part of the ASMALLWORLD group. The contract between the booking party/participant/traveler is governed by Swiss law.

By booking travel services through our website or travel consultants, you agree to the terms outlined in these booking conditions, our privacy policy, the terms of use of our website, and any other written information provided to you before confirming your booking. These documents constitute the agreement between you and ASW Travel AG as well as ASMALLWORLD, registered office: Seidengasse 20, 8001 Zurich, Switzerland ("we," "us," "our," "ourselves").

Please read these carefully as they set out our respective rights and obligations. In these booking conditions, references to "you" and "your" include the first-named person on the booking as well as all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

By making a booking, the first-named person on the booking (the primary name) declares on behalf of all persons listed on the booking that:

- He/she has read these conditions and has the authority to agree to and be bound by them.

- He/she agrees to provide accurate and complete information regarding the rest of the travel group in relation to the booking, including any changes.

- He/she consents to our use of information according to our privacy policy.

- He/she is over 18 years old and confirms that all members of the group are of the appropriate age to purchase any age-restricted services when ordering services with age restrictions.

- He/she takes financial responsibility for the payment of the booking on behalf of all persons listed on the booking.

Website-Betreiberin von jetbeds ist die jetbeds GmbH. Der Vertrag zwischen dem Buchenden / Teilnehmer / Reisenden unterliegt deutschem Recht.

The execution and handling of your booking order are carried out by ASW Travel AG.

The binding booking order is concluded as soon as the booking party clicks the "Pay & Book" button in the form. This is the legally binding order for jetbeds to arrange transportation or other individual tourism services with a specific service provider or to mediate a travel contract with a tour operator for the booking party. The provision of the booked service itself is not part of our obligations as a travel agent. The booking party is bound to this booking order for 72 hours. Within this period, jetbeds accepts the booking order or contacts the booking party. Acceptance is generally considered to be the binding confirmation in the form of an invoice from jetbeds, resulting in the immediate payment of the owed amount unless it concerns the order to conclude a travel contract with a tour operator. If it concerns the booking of a travel event with a tour operator, their payment and security procedures apply.

Mediation is considered complete once the booking confirmation/invoice/travel documents/(e-)tickets have been sent to the customer. You are required to immediately check the received booking confirmation/invoice/travel documents/(e-)tickets for correctness and promptly notify jetbeds of any inaccuracies or discrepancies. We inform you that we do not store the contract text. You will receive an overview of the selected travel service and its costs with our booking confirmation by email. The booking party or the specified payer is generally liable for the full travel price, including processing and service fees (travel price). The booking party is liable for the full travel price if the travel price is not paid by the specified payer.

The order to jetbeds consists solely of mediating the booked flights and is completed upon the issuance of the booking confirmation/invoice/travel documents/(e-)tickets. Any changes to a completed booking by the booking party are not part of this mediation order and must be paid for separately. Further information on the costs incurred can be found under "Rebooking and Cancellation" and "Fees for Additional Services by jetbeds" in these General Terms and Conditions.

After receiving a binding booking order from the customer, jetbeds may perform a price optimization of the flight connection chosen by the customer. In a price optimization, jetbeds agrees on a flight price with the airline that deviates from the customer's booking order (including taxes and fees). The service components of the flight connection chosen by the customer remain unchanged. If additional costs arise from the price optimization (if the flight price agreed upon by jetbeds is higher than the flight price stated in the customer's booking order), jetbeds will cover the additional costs. If the flight price agreed upon by jetbeds is lower than the flight price stated in the customer's booking order, jetbeds retains the difference. For the customer, the flight price stated in the binding booking order is always decisive.

jetbeds strives to ensure that the information, software, and other data available on the website, particularly regarding prices, restrictions, and dates, are up-to-date, complete, and accurate at the time of publication. Any liability of jetbeds is limited to intent and gross negligence, except when essential contractual obligations (cardinal obligations) are violated. jetbeds is only liable for typical and foreseeable damages in cases of slight negligence. In cases of slight negligence, jetbeds' liability is limited to the maximum amount of the booked service from which the claim arises. jetbeds is not liable for the performance of services provided by service providers. All claims for damages expire within 12 months of their occurrence. This does not apply to claims arising from tortious acts.

The above limitations of liability do not apply to claims under the Product Liability Act or any other guarantee liability. The same applies in cases of damage caused by jetbeds to life, body, or health, as well as in cases of gross negligence or intent by jetbeds. If jetbeds' liability is excluded, this exclusion also applies to the employees, legal representatives, and agents of jetbeds.

jetbeds charges a provision (service charge) for the mediation of the trip. This fee is not refundable in case of trip cancellation unless the cancellation is due to a fault of jetbeds and/or its agents. The customer is free to prove that no or only minor expenses were incurred.

Rebooking of a booked and confirmed trip is only possible by canceling the booked trip and simultaneously booking another trip unless the service provider has specific provisions for this. Any costs for rebooking or partial travel compensation to be paid are based on the conditions of the respective service provider.

The possibility of canceling a booking depends solely on the travel contracts/transport contracts or General Terms and Conditions of the respective service provider and cannot be influenced by jetbeds. Depending on the ticket fare, time of cancellation, and service provider, it may happen that no refund is provided by the respective service provider or airline. For details and the full terms, please inquire through our service center. Partial refunds for unused portions of the trip are generally excluded according to the conditions of the airlines. jetbeds will provide the booking party with information to the best of its knowledge but is not liable for the accuracy or completeness of the information provided by the airlines.

The critical time for cancellation is when it is received by jetbeds during regular business hours. We recommend that cancellations be made in writing to avoid misunderstandings. The cancellation can be made by email to service@jetbeds.com or by mail to ASW Travel AG, Seidengasse 20, 8001 Zurich, stating the booking number. For any refund/partial refund payment, it is mandatory that the original flight tickets be sent to jetbeds unless an electronic ticket was issued.

Free cancellation within 24 hours. This does not apply to bookings made within 72 hours before departure. The receipt of your cancellation request determines the timeliness.

Since rebookings and/or cancellations initiated by you, the booking party, through jetbeds are services not covered by the mediation contract between you and jetbeds, jetbeds charges its own service fees for processing rebookings and/or cancellations of services and for the return of flight tickets unless the action is due to a fault of jetbeds.

1. For the cancellation of flight tickets voluntarily by you as the booking party after ticket issuance through jetbeds, a cancellation fee of 75 euros per ticket will be charged in addition to the costs according to the service provider's terms.

2. In case of a possible rebooking by you as the booking party through jetbeds, if allowed by the service provider's terms and/or availability, a fee of 50 euros per ticket will be charged in addition to the costs payable according to the service provider's terms.

3. In case of a possible name change ("Name Change") by you as the booking party through jetbeds, if approved by the airline, a fee of 100 euros per ticket will be charged in addition to the service provider's costs. This also applies to minor deviations in name spelling or the swapping of first and last names.

The customer is free to prove that no or only minor expenses were incurred.

jetbeds recommends that the booking party purchase travel cancellation insurance. Unless otherwise stated in the individual travel descriptions or booking confirmations, the following conditions apply:

The conditions of the respective airline apply. Please note that in many cases, rebooking or cancellation may be subject to a fee or may not be possible at all.

The conditions of the respective provider, which are displayed during the booking process, apply.

Special conditions apply to car rental bookings. Please read the General Terms and Conditions of the respective car rental company.

The General Terms and Conditions of the respective service provider/airline apply. All special and charter flights must be reconfirmed by the customer with the respective airline or organizer at least 48 hours before the return flight. If this reconfirmation does not occur, there is no entitlement to transportation. The transportation conditions of the airlines are binding.

Flights and/or other tourism services must be paid for immediately and in full upon acceptance of your booking order. If paying via online banking (Sofortüberweisung, Giropay), payment is made when the order is placed.

If payment is made by credit card, providing the card details implies consent to the collection of the agreed amounts. Credit cardholders who differ from the traveler are only accepted after prior written or, in exceptional cases, verbal consent of the respective account or cardholder.

jetbeds reserves the right to cancel flights and all other tourism services not paid on time and pass on any associated fees to the customer. These fees also include additional costs from airlines or credit card companies incurred by the merchant in the event of a credit card chargeback. The customer is free to prove that fewer or no costs were incurred. Only the payment methods displayed during the booking process are accepted. There is no obligation to issue tickets, confirmations, vouchers, or other travel documents before full payment is received. The booking party/participant/traveler remains obliged to pay the agreed amounts for ordered travel services in any case.

jetbeds reserves the right to pass on any chargeback fees for credit card payments or direct debit returns to you. The customer is free to prove that no or only minor expenses were incurred.

Shipping of documents by post: 8 euros per shipment

If no e-ticket (electronic paperless ticket) is booked or if it is not possible to issue an e-ticket, travel documents will be sent by post. In the case of payment by bank transfer, the travel documents will be sent after receipt of payment. For last-minute bookings, travel documents will be deposited at the airport or sent by express service. The customer bears the costs of shipping and any deposit fees. These are not refunded in the event of a trip cancellation unless the cancellation is due to a fault of jetbeds and/or its agents. Lost tickets will be replaced according to the applicable airline policies. Replacement tickets will be charged at the applicable rates at the time. The customer is free to prove that no or only minor expenses were incurred.

The scope of contractual services is determined by the service description in the offer or the details in the travel confirmation. A necessary change of the airline, the aircraft, the flight schedule, or a conversion from non-stop flights to flights with stopovers or connecting flights is expressly reserved by the service providers.

Changes to flight times and/or flight cancellations will be communicated exclusively to the email address provided at the time of booking unless otherwise expressly agreed. We recommend reconfirming all flights 48 hours before the outbound and return flights with the respective airline. If this reconfirmation is not made and it causes damages, jetbeds is not liable for such damages.

Travel cancellation insurance is not included in the prices. We recommend purchasing travel insurance, which we are happy to mediate for you.

Each participant/traveler is fundamentally responsible for ensuring that the necessary conditions for travel are met and that all legal requirements, particularly domestic and foreign entry and exit regulations, health regulations, passport and visa requirements, are observed. The same applies to obtaining required travel documents. As part of our legal information obligations, we will provide information on these matters upon request but cannot guarantee accuracy. We expressly point out that the regulations can be changed by the authorities at any time. Participants are therefore advised to obtain information from the relevant authorities and institutions themselves. If references to passport, visa, currency, or health regulations for your travel destination are provided on this website, it is assumed that you are a German citizen. If this is not the case, please contact the responsible embassy or consulate for these regulations.

Force majeure that wholly or partially prevents jetbeds from fulfilling its obligations releases jetbeds from fulfilling those obligations until the force majeure event ceases.

Each booking party bears the risk of unauthorized use of their password. jetbeds can only point out that the password and username must be kept confidential at all times.

The booking order is processed in compliance with the applicable data protection regulations. jetbeds undertakes to use the data collected during registration and the use of jetbeds services by the respective participant only for the purpose of processing contracts concluded with the participation of jetbeds and only to pass them on to third parties in compliance with legal provisions or regulations. The data collected during registration will be forwarded to the respective service providers as necessary to process concluded contracts.

If we receive your email address in connection with the sale of a product or service and you have not objected, we reserve the right to regularly send you offers for similar products from our range by email. You can object to the use of your email address at any time by sending a message to the contact option described below or via a link provided in the promotional email without incurring any costs other than the transmission costs according to the basic tariffs.

In case of payment defaults, jetbeds obtains credit reports from credit agencies. Your data will be sent to the following company in the event of a claim default:

SCHUFA Holding AG

Kormoranweg 5

65201 Wiesbaden

Data transmission is carried out in compliance with and according to the legal provisions.

This website contains other hyperlinks that lead to websites of third-party providers. jetbeds has no influence on their design and content and therefore assumes no responsibility for the accuracy, timeliness, completeness, and quality of the information provided there. jetbeds expressly distances itself from all content on these external websites. Please direct any concerns you have in connection with such a website to the operator of the respective site.

jetbeds reserves the right to change or renew the General Terms and Conditions for the use of this website with effect for the future at any time without any obligation to notify the user. The current version of the General Terms and Conditions will be available on the website from the time of its effectiveness.

These conditions are governed by Swiss law, and all disputes between the parties are subject to the exclusive jurisdiction of the courts of Switzerland.

Informal Resolution: In the event of a dispute, claim, or controversy arising from or related to your use of our services or these conditions ("Dispute"), you agree to first attempt to resolve the dispute informally by contacting our customer service at service@jetbeds.com. We will make good faith efforts to resolve the dispute informally.

Mediation: If the dispute cannot be resolved informally within a reasonable time, you and ASMALLWORLD agree to attempt mediation before arbitration. Mediation will be conducted according to the rules of the Swiss Chamber of Commercial Mediation (SCCM). The mediator's decision is binding on both parties.

Binding Arbitration: If mediation is unsuccessful or one party chooses not to participate in mediation, any dispute will be submitted to binding arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force at the time of the commencement of the arbitration. The arbitration will be conducted in Zurich, Switzerland.

Arbitrator's Authority: The arbitrator appointed under the Swiss Rules of International Arbitration has the authority to award monetary damages and grant any non-monetary relief or remedy available under Swiss law.

Language of Arbitration: The arbitration will be conducted in English, and all documents, testimony, and proceedings will be in English. The cost of translations, if necessary, will be borne by the party requesting the translation.

Waiver of Class Action: You and ASMALLWORLD agree that any dispute will be resolved by arbitration on an individual basis and not as a class, consolidated, or representative action. This means you and ASMALLWORLD waive the right to participate in a class action, class arbitration, or any other proceeding where someone acts in a representative capacity.

Applicable Law: This arbitration section is governed by Swiss law, except for its conflict of laws principles.

Opt-Out: You have the right to opt out of this arbitration clause within thirty (30) days of your first use of our services. To exercise the opt-out right, you must send a written notice to Seidengasse 20, 8001 Zurich, Switzerland, with the subject: "ARBITRATION OPT-OUT." The notice must include your full name, address, and a clear statement that you wish to opt out of binding arbitration.

Survival: This dispute resolution and arbitration section survives the termination of these terms.

Please note that the German version of these Terms and Conditions is the legally binding version. The English version is provided for convenience and informational purposes only. In the event of any discrepancies or differences in interpretation between the English translation and the original German version, the German version shall prevail and govern.

Contact

ASW Travel AG

Seidengasse 20

8001 Zurich

Switzerland

UID No.: CHE-397.899.412

VAT No.: CHE-447.110.715

Email: service@jetbeds.com

Tel +49 (0)30 - 233 221 67 100

Fax +49 (0)30 - 233 221 67 150

As of 01.07.2020