Terms and Conditions for Business Travel Services

Notice: These Terms and Conditions are a translation of the original German version. In case of discrepancies, the German version shall prevail.

These Terms and Conditions for Business Travel Services (the Terms, including all appendices and attachments) govern the acquisition and use of the services of organizing and conducting business trips on an AI-based platform.

The customer agrees to these Terms and Conditions by accepting them by clicking or completing an order form that refers to these Terms and Conditions. The person accepting these Terms and Conditions accepts them on behalf of the customer and confirms that they are authorized to legally bind the customer to them.

Maxi AI (sole proprietor Maximilian Pfennig) reserves the right to change the Terms and Conditions at any time. Maxi AI will inform the customer of any changes with reasonable notice (including the updated Terms and Conditions and the date they take effect). The continued use of the platform and services by the customer constitutes acceptance of the amended Terms and Conditions. The customer can directly modify certain services received from Maxi AI (including subscriptions) through the platform.

These Terms and Conditions were last updated on May 20, 2024.

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1. Subject of regulation

1.1. The following terms and conditions for business travel services apply to all legal transactions between Maxi AI, owner Maximilian Pfennig (see also service provider), hereinafter referred to as “provider”, with its contractual partner, hereinafter referred to as “customer”. Customer is the person who uses the provider's services or works on behalf of the customer, e.g. employee. The terms and conditions also apply to all future business relationships, even if they are not expressly agreed again. The version of the terms and conditions valid at the time the contract is concluded is relevant.

1.2. The provider bundles a variety of business travel services from third-party providers, such as airlines, hotel operators, rail companies, car rental companies and travel aggregators, and offers its customers the opportunity to book and manage these via the platform. The provider purchases travel services from third-party providers on behalf of the customer through a partner. The provider works with partners who in turn represent or commission the actual service providers.

1.3. The contract constitutes a "general framework agreement" for the booking/organization of travel services in connection with the customer's business activity and therefore does not fall within the scope of the Package Travel Directive (Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015) ("PRD") and all laws and regulations adopted by the European Member States to implement the PRD and, where applicable, the Civil Aviation (Air Travel Organiser's Licensing) Regulations 2012. These Regulations therefore do not apply to the provision of the services provided for in this contract by the provider or to the receipt of the services by the customer.

1.4. The provider offers further consulting and support services, which are provided exclusively electronically, and which help the customer to organize, carry out and bill for business trips. The provider does not offer legal or tax advice and is not authorized to provide such advisory services.

1.5. Each service under the contract is limited exclusively to business purposes.

2. Conclusion of contract

2.1. The contract is only concluded online, i.e. via the provider's website. The order is offered bindingly by the customer on the basis of the specified remuneration, the services presented and the rights of use, upon depositing a means of payment. The contract between the customer and the provider is concluded through the provider's electronic order confirmation. The contract continues until terminated by either party.

2.2. This contract applies to all bookings of business travel services made by the customer (through his travelers) on the platform (or via other electronic channels of the provider) during the term of the contract.

2.3. Bookings are created by the customer submitting an order electronically via the provider's website to the provider (in the position of agent) to purchase a travel service from a specific third-party provider. Only when the order is confirmed by the provider does the booking of a business travel service between the customer and the third-party provider become legally binding in accordance with Section 611 of the German Civil Code (BGB). With each confirmed booking of a business travel service, the existing contract is expanded to include the service provided by the provider in its role as an agent.

2.4. The customer is responsible for all contractual obligations of the travelers for whom he makes the travel booking, as if he were his own, provided he has assumed this obligation by express and separate declaration. An employment relationship represents an express and separate declaration.

3. Services, payment method

3.1. The Provider provides its services with reasonable skill and care and in accordance with all laws and regulations. The customer agrees to be advised by an artificial intelligence with limited understanding and comprehension and to use the advice as a basis for his own decisions.

3.2. Provider will maintain all licenses and permits necessary to perform its obligations under this Agreement.

3.3. The customer does not make the use of the services dependent on the future provision of certain functions by the provider or on comments from the provider's personnel.

3.4. The individual third-party providers of travel and related services are responsible for the provision of services (outside of arranging, managing, planning and booking the travel services). The provider is not responsible for the provision of services by third-party providers and is not liable for the provision of services by third-party providers. Changes or cancellations of travel services are subject to the terms and conditions of the respective third party providers and the provider acts only as an intermediary in these requests.

3.5. The scope of the contractual services and the amount of remuneration can be found in the service description of the respective offer and in the information in the order confirmation. If there are discrepancies between the information in the offer and the order confirmation, the information in the order confirmation applies. The remuneration for the brokerage service is set out in the electronic order and is displayed to the customer before the contract is concluded. The customer is obliged to pay the remuneration as soon as the brokerage service has been provided.

3.6. The provider is entitled to change the remuneration for the brokerage service at any time and to set it individually. The provider will inform the customer in advance of any changes to the remuneration. The customer can continue to use the provider's services provided he accepts the changed remuneration.

3.7. Claims arising from the brokerage and business travel services are due and payable immediately upon receipt of the provider's invoice/order confirmation. The provider reserves the right to set later due dates.

3.8. By concluding the contract, the customer gives the provider permission to charge the stored payment method via a payment provider. The charge may be made without prior notice.

3.9. If extraordinary fees are incurred by third-party providers, such as refund fees from the payment provider or cancellation fees from hotel operators, the customer undertakes to reimburse the provider for these fees. The provider is obliged to provide proof to the customer.

3.10. If the customer defaults on the payment of the agency and business travel services, the provider has the right, after repeated payment reminders and the first reminder, to cancel already paid and refundable travel bookings and thus cover existing costs.

4. Service and price changes

4.1. The provider is entitled to make changes to the remuneration or usage rights of the platform at any time, with prior notice. In this case, the customer has the option of terminating the contractual relationship without notice.

4.2. Changes and deviations of individual travel services from the agreed content of the contract, which become necessary after conclusion of the contract and which were not brought about by the provider contrary to good faith, are permitted to the provider, provided that the changes or deviations are not significant and Do not affect the overall layout of the booked trip. The provider will immediately inform the customer of any necessary service changes or deviations.

4.3. The provider on behalf of the third-party guarantees the prices confirmed with the order confirmation, as far as they concern non-governmental third-party providers, e.g. hotel companies.

4.4. In the event of an increase in flight prices and/or government fees such as entrance fees and port or airport fees or a change in the exchange rates applicable to the trip in question, the provider reserves the right to cover the additional costs incurred by the third party provider up to the agreed date Travel date to be invoiced to the customer.

4.5. In the event of a subsequent change in the travel price, the provider will inform the customer immediately.

5. Passport, visa and health requirements

5.1. The provider cannot guarantee that the information on regulations is up-to-date and correct and is therefore excluded from liability for any resulting damage.

5.2. The customer undertakes to independently inform himself about applicable regulations. The provider provides assistance and information as far as possible.

6. Termination, Withdrawal, and Rebooking

6.1. The parties have the option to terminate in writing or electronically without giving reasons with a notice period of two days. In this case, the end of the current billing period corresponds to the end of the contract.

6.2. In the event of a breach of contract that is not remedied within 14 calendar days after written notification, the parties are entitled to terminate without notice.

6.3. The Customer cannot claim refunds or compensation with a termination. This also applies if a "money-back guarantee" was previously offered and services were provided by the Provider.

6.4. With termination of the contract, existing bookings of business travel services with third-party providers remain unaffected. However, after termination of the contract, no claim for support services, such as cancellation, problem resolution, or other assistance, is granted by the Provider.

6.5. The Customer has the option to withdraw from the contract at any time before the trip commences. For this purpose, electronic notification (email or via the platform) to the Provider with the booking number is required. Fees for refunds may apply in accordance with paragraph 3.9 of the contract.

6.6. The Provider is obliged to disclose the detailed cancellation fees and conditions of the respective business travel service before the travel order/booking.

6.7. Upon request, the Customer can arrange a rebooking, i.e., a change from an existing booking, through the Provider's customer support. Rebooking is not guaranteed and is a voluntary service of the Provider. The Provider has the option to set a reasonable rebooking fee.

6.8. The cancellation indemnities apply, unless other conditions have been agreed upon due to individual offers in the pre-contractual information.

7. Customer Cooperation and Duties

7.1. It is necessary for each user (including Travelers) to create their own user account for use. Additionally, the software requires the use of a personal email account through which secure communication with the AI travel advisor can be conducted. The online applications require current browsers and (mobile) operating systems.

7.2. The Customer is also responsible for ensuring that...

• ...the contract is complied with according to the provisions.
• ...it is ensured that each user account is only used by the respective user and unauthorized access is not possible.
• ...bookings are only made by adults and children traveling are always accompanied by adults.
• ...the entered data of Travelers are correct and lawful.
• ...integrations via technical interfaces are protected against access by third parties at all times.
• ...it monitors the consumption of its usage rights and notifies the Provider promptly if they will no longer be sufficient for the current performance period.
• ...no intellectual property of the Provider is infringed.
• ...all applicable laws and regulations are complied with.
• ...the Provider is immediately informed of any violations of contract terms, regulations, or laws. 7.4. The Customer is obliged to inform the Travelers in advance of their obligation to report complaints immediately on-site before the start of the trip.

7.5. The Customer is obliged to promptly report any defects known to themself or through complaints from Travelers on-site to the Provider electronically (by email).

7.6. Representatives or third-party providers on-site are not authorized to acknowledge any (compensation) claims.

7.7. The Provider is entitled to use the Customer's name, brand, and logo (in accordance with the designs and guidelines provided by the Customer) exclusively for the purpose of identifying the Customer as a customer of Maxi AI. Any further use of the Customer's name, brand, and logo for advertising purposes requires the Customer's prior approval in written form (by email).

8. Liability, Limitation of Liability, Limitation Period

8.1. The Provider is liable to the Customer for the proper provision of the contractually agreed services.

8.2. In the event of simple negligence, the Provider is only liable to the Customer for breaches of material contractual obligations (cardinal obligations). Otherwise, liability for pre-contractual, contractual, and non-contractual obligations is limited to intent and gross negligence, with the limitation of liability also applying in the event of negligence by a vicarious agent. The Provider's contractual liability for damages that are not bodily injuries is limited to three times the travel price.

8.3. Claims for damages against the Provider due to unlawful acts and for bodily injuries are limited to the amount of the foreseeable damage, but in any case to the amount of coverage of the Provider's liability insurance. Upon request, the Provider will grant the Customer access to the insurance policy.

8.4. Claims for non-contractual services must be asserted against the Provider within six weeks after the contractually provided end of the trip. After this period, claims are excluded.

8.5. The Customer's recourse against the Provider for warranty claims of the Traveler is excluded if the Traveler culpably fails to report the defect immediately on-site or if the Customer breaches its obligations to cooperate under Section 7 and the Provider therefore had no opportunity to remedy the situation.

8.6. A claim for damages against the Provider is limited or excluded to the extent that, due to international agreements or laws based on them, which are to be applied to the services to be provided by a service provider, a claim for damages against the service provider arises only under certain conditions or limitations, or is excluded under certain conditions.

8.7. The Customer's contractual claims become statute-barred in one year. The limitation period begins on the day on which the trip (according to the contract) should have ended.

9. Final Provisions

9.1. For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

9.2. Offsetting or asserting a right of retention by the Customer is only permissible with recognized or legally established counterclaims.

9.3. Information obligation according to the Consumer Dispute Resolution Act (§ 36 VSBG): The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

9.4. The invalidity of individual provisions does not result in the invalidity of the entire travel contract. The application of German law is agreed upon.