BusinessClass.com

GENERAL TERMS AND CONDITIONS

These general terms and conditions (“T&Cs”) apply between you (“You” or the “Customer”) and Flight Network Ltd (“We” or “Us”), the operator of the booking portal to which You were directed from BusinessClass.com (hereinafter referred to as the “Portal”). It is requested that You read these T&Cs carefully prior to using the Portal. By using the Portal, You agree to these T&Cs. If You do not accept these T&Cs, We ask that You refrain from using the Portal and exit the website.

You must be at least 18 years of age and act in your role as a private consumer to make a booking on the Portal. A private consumer is, as opposed to a business, a natural person who enters into a legal transaction for purposes which are predominantly outside its commercial and/or self-employed activities.

The operator of the Portal and your contractual partner for using the Portalis:

Flight Network Ltd
145 King St. West Suite 2850,
Toronto, Ontario, Canada, M5H 1J8

Please note that in-person customer support is not available
E-mail: customerservice@flights.businessclass.com
Telephone: +1 647 956 0177

The T&Cs are set out as follows:

SCOPE OF SERVICES
BOOKING PROCESS AND CONTACT INFORMATION
MEDIATION OF FLIGHTS
SPECIAL PROVISIONS FOR THE MEDIATION OF BOOKINGS OF MULTIPLE SERVICES
INFORMATION ON PASSPORT, VISA AND HEALTH PROVISIONS
CHARGES AND PAYMENT
CLAIMS
CUSTOMER RIGHTS PURSUANT TO EU REGULATION
LIABILITY
GOVERNING LAW AND DISPUTE RESOLUTION
DATA PROTECTION

SCOPE OF SERVICES
1. Mediation of Travel Services
  1. For the flight, hotel, insurance, train and car rental services offered on the Portal (collectively referred to as “Travel Services”), We exclusively provide travel mediation services through which We only act in our capacity as an intermediary between You and a Service Provider (our travel mediation services are referred to as “Mediation Services”). To that end, our role and obligations are limited to mediating Travel Services that will be rendered by third parties such as airlines, insurers, or other service providers (hereinafter in each case “Service Provider” or “airline”, where specifically applicable).
  2. Consequently, the agreement for the actual provision of Travel Services (e.g. transport contract, insurance contract) comes into effect directly between You and the relevant Service Provider. We are not a co-vendor of the Travel Services and We are not a party to the contractual relationship between You and the Service Provider.
  3. By using the Portal to purchase Travel Services, You authorize Us to engage in Mediation Services and mediate with the corresponding Service Provider(s) on your behalf, including mediation of the payment for these Travel Services, in order to take care that the transaction between You and the Service Provider(s) is carried out.
  4. Responsibility for the actual performance of the Travel Services mediated through the Portal is exclusively held by the relevant Service Provider. In our role as an intermediary, We do not assume any responsibility for the Travel Services to be rendered by the Service Providers and We make no representations or warranties (neither expressed nor implied) regarding the suitability or quality of Travel Services mediated on the Portal. For any claim You may have in context with the performance or non-performance of the Travel Service, the Service Provider is the responsible addressee.
  5. Should You have the opportunity to request special wishes (such as special meals, disabled facilities or child seats) when booking Travel Services, We will pass on your request to the relevant Service Provider. However, We cannot take any responsibility on whether the Service Provider can actually fulfill such wishes.
2. Applicable contractual conditions
  1. These T&Cs cover the Mediation Services according to Section 1.1.
  2. With respect to the Travel Services agreement between You and a Service Provider (to which We are in no event a party), the general terms and conditions of the relevant Service Provider will apply (“Service Provider Terms”). Such Service Provider Terms will be made available to You on the Flight Portal during the booking process or may otherwise be available through or requested by You directly from the Service Provider. As the Service Provider Terms may include provisions relating to liability, cancellation, changes of bookings and refunds (if available) and other restrictions, You are advised to read those terms carefully.
BOOKING PROCESS AND CONTACT INFORMATION
1. During the booking process, You are provided with the technical means needed to detect errors in entry forms and to correct them prior to submitting your booking request. You are requested to check all data for accuracy before concluding your booking request. Subsequent change requests may lead to significant additional costs.
2. We might need to contact You, e.g. in case of subsequent changes to the purchased Travel Services. You must submit accurate contact information such as your telephone number and email address. You must also continuously check if You have received a message from Us.
  
  It is also your responsibility to ensure that You are able to receive our messages. We are not responsible if You do not receive a message from Us due to circumstances reasonably outside of our control including, but not limited to the following: (i) You gave us an incorrect email address; (ii) your email settings won’t allow our email to reach You; or (iii) your email settings treat our email as spam.
MEDIATION OF FLIGHTS
1. Conclusion of contract and price changes
  1. After You submit your booking request, We will confirm receipt of your request via email. This is the moment that the mediation contract between You and Us comes into existence. If You do not receive such confirmation within one hour of completing your booking request, and none of our operators has contacted You by email or telephone to indicate any problems, please contact us by telephone or chat for verification.
  2. As soon as your requested tickets have been issued, You will receive a confirmation email with a ticket number. This is the moment a binding contract between You and the relevant airline(s) has been concluded.
  3. Prices for the flight and seat availability are added directly in the Portal by the applicable airline. If changes are made by the airline that are outside of our control (e.g. price changes, seat availability or something else) and that occurs after a booking request has been made, but before the contract with the airline has become binding (as set out in Section 3.1.2 above), the contract will not enter into force and your payment will be refunded in full. We may contact You and offer You the option to accept the changed price during ordinary opening hours, however no later than 24 hours after We have gained knowledge of the price change or on the first weekday following such 24 hours-period.
2. Information on booking and transport conditions
  1. Regarding the flights offered on the Portal, We exclusively act in our capacity as an intermediary. The agreement for the performance of the flight comes into effect directly between You and the relevant airline and We do not accept any contractual responsibility related to the performance or non-performance of your flight. The operating airline is solely responsible for performance / non-performance of your flight.
  2. Before You conclude the booking, the terms and the fare rules of the relevant airline(s) will be made available to You. Please note that all reservations must be considered non-refundable and non-changeable unless clearly disclosed otherwise. If there is any entitlement to a refund or if the booking is changeable, the fare rules as available for review will contain such information. If you are unsure or require assistance, please contact us before you make your booking.
  3. When mediating Travel Services rendered by airlines, We are not guaranteed access to the airline’s booking system. Where this is the case, We may act on your behalf in concluding the contract between You and the airline. We may also ask You to contact the relevant airline directly for questions on bookings, changes or cancellation of your booking.
  4. Below, by way of a general overview, We provide information on conditions related to booking and transport typically applied by airlines in such or at least a similar way. However, any deviating provisions of the relevant airline prevail over the general information provided in this Section 3.2.4. Therefore, in each case, please check the applicable terms and conditions of the relevant airline prior to your booking.
    - Flight times/check in
      All flight times specified are local. Next-day arrivals are indicated with a "+1" on the timetable. The stated flight times are preliminary and subject to change on short notice after the ticket has been issued; for example, due to restrictions by flight control, the weather, or functional restrictions by the airline. Please keep yourself informed of the current times well ahead of your flight.
      
      Please comply with the check-in times stated by the airline. The airlines are entitled to refuse boarding if You are late for check-in. Kindly observe that some airlines encourage check-in through their own website as they may charge a check-in fee when checking in manually at the airport.
    - Combination of individual tickets
      A combination of two separate one-way tickets instead of a roundtrip ticket is clearly marked as such during the booking procedure. The tickets are treated independently from one another in the event of cancellation, change, disruption of air traffic such as strikes and changes to flight schedules. Each airline's own regulations will apply.
      
      Flight tickets with different booking numbers are always regarded as journeys that are independent of each other.
    - Flight tickets with several segments/order of use
      Your roundtrip ticket or one-way ticket may consist of several segments. According to the conditions of most airlines, such flight segments are to be used in sequence. If not, many airlines will refuse transport on subsequent flight segments (e.g. failure to use one segment of a journey could invalidate the rest of the ticket). For roundtrip tickets a no-show on Your outbound flight may result in Your inbound flight being canceled by the airline
    - Pregnancy
      Some airlines refuse to transport women who are past week 28th of pregnancy at the time of the outward or return flight. If you are pregnant You must clarify with the airline and your doctor whether or not You can commence the journey.
    - Infants and child tickets
      Please contact the airline to obtain the conditions for traveling with a child who does not have a separate seat. Usually, children above the age of 2 years require a separate seat, while children between the ages of 0 and 2 years travel as infants and will not be allocated a seat of their own. If the infant reaches the age of 2 before the end of the trip, a child ticket must be booked for the entire trip. Infant tickets cannot be booked before birth, as the correct name and date of birth must match those stated in the passport. We will not reimburse any expenses that arise if the wrong type of ticket is booked from the outset.
    - Unaccompanied minors
      We do not mediate the booking of any tickets for unaccompanied minors. Children under 18 years must be booked for a journey in the company of an adult. Some countries and airlines refuse entry to children under 18 years unless accompanied by a legal guardian. Please note that some airlines require children under the age of 18 to bring a birth certificate to travel.
    - Lost/damaged luggage
      Within our capacity as an intermediary, We accept no liability for lost or damaged luggage. Any problems should be reported immediately to the representative of the airline at the airport.
    - Transit and overnight accommodation
      Generally, ground transportation and/or overnight accommodation during your trip is not included in the flight ticket price. You are personally responsible for checking ground transportation timetables and prices.
    - Connection times between flights
      Standard tickets booked on the Portal have approved connection times. The times required for making connections between flights are calculated by the airlines. If a flight segment is delayed and leads to a missed connection, the airlines are obliged to assist You in reaching your final destination (see Section 9.1).
      When separate tickets are booked, the airlines bear no responsibility for missed connections resulting from delays. Therefore, it is your responsibility to ensure that the connection time is sufficient according to the airlines and airports. Any additional costs incurred on account of missed connections will not be reimbursed.
    - Double booking
      A double booking means that two or more bookings with the same passenger name have been made with the same airline. If You have a double booking, the airline may cancel the trip(s). This may also occur if the bookings have been made with different travel agencies. We are not responsible for cancellations made by the airlines, nor for denied refunds from airlines, in cases where they suspect a double booking.
3. Airlines banned from operating in the EU (black list) Please note that certain airlines are prohibited from operating within the EU, according to a decision made by the European Commission in close consultation with the national air transport authorities. Such airlines are prohibited because they are considered unsafe or not subject to adequate control by the authorities of their country.
  You can check which airlines are affected by an operating prohibition via the following link:
  Black List (List of airlines not permitted to operate in the EU)
4. Timetable changes and cancellation by airlines
  1. Your agreement with the applicable airline may allow them to cancel or amend your bookings. We will notify you of any changes once we are informed of them by the airline.
    
    In the event of a timetable change by the airline, we will not charge a fee for rebooking you to the airline’s provided option. In the event of cancellation by the airline, we will not charge a fee for your cancellation refund request. Please read section 7.3 for more information on refunds.
    
    In the event of a timetable change or cancellation by the airline, and if you request us to find an alternative flight option beyond the one already provided by the airline, we will offer to handle the request on your behalf if permitted by the airline’s conditions.
  2. The flight times shown in your booking confirmation may change between the date of your booking and the date You actually travel. We recommend that you stay updated and contact your airline at least 72 hours before the scheduled departure of the flight to ensure that the flight (and any connecting flights) will depart on schedule. We have no control over airline’s schedule changes and accept no responsibility for costs which may arise as a result of such changes.
5. Changes and cancellations requested by You
  1. The conditions for changing flight bookings (including change of passenger name, destination, and date of travel) and for providing cancellation refunds are set by the relevant airline, which is your contractual partner for providing the flight. We, as the intermediary, have no influence over such conditions.
  2. If You wish to make a change to your booking or request a cancellation refund, as an additional own service, please contact the Customer Service team and We will handle the request on your behalf, provided that the conditions of the airline permit such a change or cancellation refund. During the process of booking such additional services, We will inform You of any further conditions and fees for such services.
  3. In order for us to be able to handle the changes requested by You, it is necessary that We receive your change requests at the latest 24 hours prior to the commencement of travel (by telephone or chat where available).
    
    For change requests at shorter notice, We recommend that You contact the relevant airline directly.
6. Non-Appearance or Non-Attendance of the Flight If You do not appear for or attend your flight, You hereby authorize us to request possible refunds from the airline on your behalf. We are entitled but not obligated to do so and any rights You have to request unclaimed refunds directly from the airline remain unaffected.
  
  We will retain any refunds obtained on your behalf until 12 months following the date of the flight and You will be able to request a transfer of this amount at any time before the 12 month period has passed by contacting our customer service.
7. Identity verification process conducted by the airline Certain airlines may require verification of your identity before departure, which is beyond our control as an intermediary of flight tickets. This verification process, if applicable, is conducted by the airline after the booking is made and may incur minor additional cost (usually less than 1 EUR).
  
  Additionally, if you choose not to complete the verification process online, before your departure, as required by the airline, and opt to complete it at the airport, please be aware that this may result in additional fees. These fees are in accordance with the airline's policies, charged directly by the airline, and are non-refundable by us.
  
  Any costs associated with the verification process are determined and imposed by the airline. As an intermediary, we have no authority or liability regarding this process. We recommend reviewing the specific airline's terms and conditions regarding associated fees before making a booking.
  
  If any verification is required by the airline that you have selected to travel with, you will be informed about it during the booking process. Please review the information carefully before completing the payment to ensure you are aware of any requirements or potential additional costs associated with the verification process.
SPECIAL PROVISIONS FOR THE MEDIATION OF BOOKINGS OF MULTIPLE SERVICES The Portal offers the possibility to mix and match multiple individual services as You wish. In this case, You instruct us to act as an intermediary for the booking of various travel services from various suppliers. The relevant suppliers will be clearly presented to You during the booking procedure before the booking is completed. In the event that You combine individual services, no travel contract is concluded between You and us; instead, You conclude several contracts for the provision of individual services with each separate supplier. In this case, We solely operate within our capacity as an intermediary in relation to each individual travel service.
INFORMATION ON PASSPORT, VISA AND HEALTH PROVISIONS
1. Passport, visa and/or health requirements can change and You should therefore check with the relevant authority (embassy, consulate etc.) well in advance of travel. It is your responsibility to be in possession of a valid passport and, if appropriate, a visa. It is important to remember to include all transit points in your journey which may also require You to obtain a visa. It can often take some time to obtain a visa, so You are advised to apply well ahead of time. Please check here for documents needed for your destination(s). We accept no responsibility for customers who do not possess the correct documents. Note that entry to another country may be refused even if the required information and travel documents are complete. You may contact us directly to request assistance for any further questions regarding travel documentation.
2. Each destination has its own requirements as far as entry formalities, vaccinations, etc. which can also vary depending on the passenger's nationality. It is your responsibility to collect that information. No incidents arising from the failure to comply with such official regulations will be considered our responsibility. We therefore urge You to always verify the different formalities of the chosen destination or transit countries, as well as the time needed to take all of the related steps.
3. Living standards and practices at the destination and the standards and conditions there with respect to the provision of utilities, services and accommodation may differ from those found in Canada.
CHARGES AND PAYMENT
1. Payment
  1. Payment for Travel Services is either processed by us or affiliates part of our corporate group (in cooperation with our payment service provider(s) who supply the payment processing functionality), or by the Service Provider. All payment information belonging to our customers is encrypted in a secure server when shared with our payment service provider(s).
  2. Depending on booking criteria and added services, the payment may be split into two separate transactions, one charge from us and another one from the Service Provider. You will not be charged more than the actual total price displayed on our site. The same security measures are applied. In some cases, prices and fees from Service Providers may not be in the currency displayed on the Portal. Instead We provide an estimate in the default currency of the Portal. As a result, when You make a reservation with a credit card, the amount charged by the Service Provider might be slightly different due to currency fluctuations. If the previous may apply to your booking You will be informed of this during the booking procedure.
  3. In order for us to be able to process your payment, you need to ensure that there are sufficient funds available. In the event of any problem arising related to the processing of your payment, we will retry the processing of your payment in cooperation with our payment service provider(s). Should this not result in a fulfilled withdrawal of funds from you, we will contact you as soon as possible for instructions on other means of payment. Should We not receive your payment after such further instructions, we reserve the right to either cancel your booking (meaning you will not be able to travel) or refer your outstanding payment to a debt collection company. If we decide to cancel your booking, we will inform you via email.
2. Payment fraud
  If there are reasons for us to suspect that fraud is being committed, We reserve the right to refuse processing of such payment. Legitimization of Payment may be demanded if a crime is suspected. All types of payment fraud will be reported to the police.
3. Refunds
  1. Refunds are processed according to Service Provider Terms or policies. If You have a right to be refunded, your refund will be processed using the same form of payment as used to pay for the booking. Please note that air fares contain different elements and not all of them may be refundable, so even if You are eligible to be refunded according to the Service Provider Terms or policies, the refunded amount may not be exactly the total price paid for your booking.
  2. All refunds are paid from the applicable Service Provider and We, acting as the intermediary, have no influence over the Service Provider’s handling times.
  3. As an intermediary We will only process a payment refund where We have already received such from the applicable Service Provider.
  4. The total price of your booking will include the price of the Travel Service(s), any add-on products and our service fees. Any Service Provider add-on products are refundable only to the extent We have received relevant amounts in return from the Service Provider. Our own add-on products are generally non-refundable, unless You have not been able to utilise them due to our fault.
CLAIMS
1. Claims relating to performance of Travel Services
  Any problem, remark or claim relating to actual performance of the Travel Services must be addressed directly to the relevant Service Provider (travel operator, airline, insurer, car rental company, hotel) with whom you hold the contract for the relevant Travel Service. Please also see section 9 for your rights pursuant to EU regulation.
CUSTOMER RIGHTS PURSUANT TO EU REGULATION
1. Canceled or delayed flights
  If you are traveling into or out of the EU, or on an EU carrier, you may have the right to demand reimbursement for costs which you can assert directly against the relevant airline in the event that your flight is canceled, delayed or you are denied boarding. For more information about EC Regulation 261/2004, please click here.
2. Carrier liability
  The EC-Regulation (889/2002) on air carrier liability in the event of accidents. Regulation can be found here.
LIABILITY
1. You accept that We act as an intermediary between You and the Service Provider. We will under no circumstances be held liable with respect to Travel Services You have booked with one or more Service Providers.
2. Should a Service Provider be unable to provide the Travel Service for any reason, including where a Service Provider declares for bankruptcy, We can only act as an intermediary and refund payments where we have already received such from the applicable Service Provider.
GOVERNING LAW AND DISPUTE RESOLUTION
1. Governing law
  Consumers in Quebec, Canada: Nothing in this provision is intended to limit or replace any of your rights under the QCPA, and to the extent that it is prohibited by law, the following provision does not apply to Quebec resident consumers to whom the QCPA applies.
  
  These T&Cs and your use of the Services is governed by, and will be interpreted and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict-of-law provisions. Subject to the Dispute Resolution provision below, You and We irrevocably attorn and agree to submit to the jurisdiction of the Ontario courts situated in the City of Toronto, Ontario, Canada, in connection with any dispute, claim, or controversy arising under these T&Cs, and waive objection to the venue of any proceeding in such court or that such court constitutes a forum non conveniens.
2. Online Dispute Resolution
  The following is inapplicable to Quebec resident consumers to whom the QCPA applies.
  1. Arbitration
    
    You and We agree that any dispute, claim or controversy arising out of or relating to these T&Cs or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Portal (collectively, “Disputes”) will be settled by binding, confidential arbitration, administered by ICDR Canada in accordance with its Canadian Arbitration Rules, except that each party retains the right to seek injunctive or other equitable relief (and associated legal relief) in a court of competent jurisdiction to redress or prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that You and We are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding. Further, unless both You and We otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
  2. Rules and Governing Law
    
    The arbitration will be administered under the Canadian Arbitration Rules of ICDR Canada (the “ICDR Rules”) then in effect, except as modified by this “Dispute Resolution” section.
  3. Process
    
    A party who desires to initiate arbitration must provide the other party with a written Notice of Arbitration as specified in the ICDR Rules. The Notice of Arbitration will contain a concise description of the matters submitted for arbitration and propose the name of a single arbitrator, who must be qualified by training and education to rule on the particular matters to be decided in the arbitration. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Notice of Arbitration, then the ICDR shall have the authority to appoint the arbitrator in accordance with the ICDR Rules.
  4. Location, Language and Procedure
    
    Unless You and We otherwise agree, the arbitration will be conducted in English in Toronto, Ontario, Canada. The arbitration will be kept confidential and the existence of the arbitration and any element of it (including pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submissions and any awards) will not be disclosed beyond the arbitrator, the parties, their counsel and any person necessary to the conduct of the proceeding, except as may lawfully be required in judicial proceedings related to the arbitration or otherwise or as may be required by law.
  5. Decision
    
    The arbitrator will render an award within the time frame specified in the ICDR Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Liability” section above as to the types and the amounts of damages for which a party may be held liable. In addition to making a final award, the arbitrator may make interim, interlocutory, or partial awards, orders, decisions, and rulings, including injunctive relief and measures for the protection or conservation of property. The arbitrator may allocate costs among the parties if it is determined to be reasonable, and such costs may include reasonable legal fees and expenses. The arbitration award will be final and binding and will not be subject to appeal, whether on a question of law, of fact or of mixed law and fact.
  6. Fees
    
    Your responsibility to pay any ICDR filing, administrative and arbitrator fees will be as set forth in the ICDR Rules.
  7. Changes
    
    If We change this “Dispute Resolution” section after the date You first accepted these T&Cs (or accepted any subsequent changes to these T&Cs), You may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and Us in accordance with the provisions of this “Dispute Resolution” section as of the date You first accepted these T&Cs (or accepted any subsequent changes to these T&Cs).
DATA PROTECTION We take the protection of your personal data seriously. You can find detailed information about the collection, processing and use of your personal data in our Privacy Policy.

GENERAL TERMS AND CONDITIONS

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