Terms and Conditions
Section 1 – Subject matter of the contract
- agile enterprise GmbH, Kaiserdamm 18, 14057 Berlin, represented by its managing director Philipp Gablenz, hereinafter referred to as “GruenerFliegen”, offers gruener-fliegen.de, gruener-fliegen.com, gruenerfliegen.de, gruenerfliegen.com, grüner-fliegen.de, grüner-fliegen.com, fly.green through its websites; apps and other platforms, online search and price comparison as well as CO2 compensation (so-called “offset”) for users worldwide.
- The services of GruenerFliegen are free of charge for the users, with exception of the services described in Section 4 (4). GruenerFliegen has the right to change and/or discontinue the free features and/or scope of the free services of the app at any time. Users are not entitled to use this service with regards to the free services.
- If the operation of the free services is discontinued by GruenerFliegen, users will be informed about the websites and/or in the apps three weeks before the service is discontinued.
Section 3 – Functions of GruenerFliegen
- GruenerFliegen is a flight search engine that allows users to search for a flight by taking into account its environmental impact and thus give the possibility to reduce their CO2 footprint. The standard of GruenerFliegen includes a transparent display of emissions per flight and display and calculation of the total price. The total price includes the ticket price and the cost of compensation for emissions (so-called offset).
- Environmental Data. GruenerFliegen links climate impact data of specific flight routes with flight connections worldwide and thus determines the ecological footprint of all flight offers. The data on aircraft types, engines, flight routes and much more were generated in scientific research projects by the non-profit organisation atmosfair and verified by the Federal Environment Agency in Berlin. The data supporting the calculations are stored and updated in the atmosfair database for all routes worldwide. GruenerFlying pays atmosfair for the use of this data.
- Search & Book. The user can search for flights and book flights through a partner on the websites and other platforms as well as in the apps of GruenerFliegen. GruenerFliegen acts as an intermediary only and is not the contractual partner of the user. The search results are listed in the categories Qualified Choice, Cleanest, Fastest and Cheapest. Only flight offers provided to GruenerFliegen by one of its partners are indicated. GruenerFliegen can receive a commission if a user books a flight with a partner or is redirected to a partner’s travel offer. This commission is used to partially cover administrative costs.
- Offset/ CO2 compensation. The user can compensate CO2 flight emissions by making a voluntary contribution to certified projects. The partner for pollutant compensation is the non-profit organisation atmosfair.
Section 4 – Conclusion of the contract
- The contract is concluded with the use of the services and platforms and/or by creating a login account and/or by registering the user in the apps of GruenerFliegen.
- For the full use of all functions on the websites and other platforms of GruenerFliegen, the user has to provide age group (18-24, 25-34, etc.), preferred departure point, preferred destinations and his preferred information related to sustainalbe travel and aviation in the corresponding fields.
- The establishment of a login account as well as the registration in the apps of GruenerFliegen is possible by means of a username, a valid e-mail address as well as a freely selectable password. The user must be at least 16 years old when you set up or register.
- User can book additional services for a fee in the apps of GruenerFliegen. The scope of these services, the amount of remuneration and the billing mode for this result from the respective service description.
- The contract is concluded by selecting the service and clicking on “order” by the user.
Section 5 – Term and Termination
- The free user contract runs for an indefinite period of time and can be terminated at any time without observance of a deadline. The user can also terminate the free user contract by completely deleting their user account.
- The term of the paid additional lines is determined by the respective service description. The term shall be extended by the term agreed at the time of conclusion of the contract if these additional services, which are subject to a fee of 4 weeks, are not terminated in text form with a period of 4 weeks at the end of the respective contractually agreed term.
- This does not affect the right to extraordinary termination without notice for good cause.
Section 6 – User’s Rights of Use and Obligations
- The user’s right is limited to the intended use of the services or platforms provided by GruenerFliegen. Any other use of any content is not permitted.
- The user must comply with the applicable law when using the services and platforms of GruenerFliegen. Among other things, it must refrain from:
- Disassembly, regression or any other form of decompilation of software, applications, updates or hardware incorporated into or available in GruenerFliegen services or platforms, except as permitted by law;
- duplication, distribution, communication to the public, sale, rental, award or other use of the services or platforms of GruenerFliegen or attempt to violate or circumvent security measures used to restrict the access or use of GruenerFliegen ‘s services or platforms;
- use or disruption of our Services or Platforms in a manner that could damage, override, overload, affect or interfere with the systems or security of GruenerFliegen, or interfere with other users;
- Introduction or transmission of destructive or harmful codes, viruses, worms or Trojan horses, or “denial of service” or “spam” attacks on the services or platforms of GruenerFliegen; or
- Removal, modification or replacement of notices about the author, trademarks, company names, logos or other origin marks on the Services or Platforms or issue or attempt to issue the Services or Platforms as the product of any person other than GruenerFliegen.
- To the extent that users are permitted to publish, upload, transmit or otherwise make available information, images, videos or other data with GruenerFliegen or other GruenerFliegen users, the user is not to share any content and/or make publicly available the following:
- infringe the rights of third parties, including intellectual property, in particular copyright,
- discriminatory, racist, sexist, obscene and/or hateful,
- contain viruses or other malware,
- may harass, coerce and/or insult other GruenerFliegen users,
- personal information without having the necessary consent to do so,
- used to enable junk mail, chain letters or unsolicited bulk mailings or spamming, phising, trolling or the like,
- scripts, bots, or other automated technology to access the Services and Platforms,
- in any other, similar manner, violate the laws of third parties, including privacy or personal rights or applicable laws and regulations.
- GruenerFliegen is entitled to monitor and, if necessary, to delete content that violates these provisions in individual cases.
- The user is responsible for the truthfulness and correctness of their created and/or publicly made content as well as his login and contact details.
- GruenerFliegen is not obliged to store, receive, publish or make available the content uploaded by the user and the user is responsible for securing the data sent as well as the confidentiality of the login data and the password itself.
- If the User passes on suggestions, comments, improvements, ideas or other feedback (“Feedback”) to GruenerFliegen, it will irrevocably transfer ownership of all intellectual property rights contained in this feedback to GruenerFliegen, and GruenerFliegen may use and publish such feedback for any purpose at its sole discretion.
- The user may not use the services and platforms of GruenerFliegen for commercial or other purposes other than those intended.
Section 7 – Blocking
- GruenerFliegen can also block a user if he abuses the services of GruenerFliegen.
- If a user’s account has been suspended or terminated by GruenerFliegen, the user is not allowed to log in again.
Section 8 – Use of Content
By posting content on the platforms and in the apps of GruenerFliegen, the user grants GruenerFliegen the right to use this content indefinitely for the management of the app and/or the websites and/or other platforms and the retrieval by third parties, in particular to store, reproduce, store, transmit, transmit, link, make publicly available and publish the content. This can also be done in the form of advertising materials, in particular by linking to social networks, use for the websites and other platforms of GruenerFliegen or by third parties.
Section 9 – Warranty/Liability
- GruenerFliegen stands for the fact that the Services and Platforms essentially comply with the main free functions and comply with the recognized rules of technology and are not affected by errors that cancel or diminish the value or usability for the ordinary or contract-required use.
- GruenerFliegen is neither a travel tour operator nor a travel agent in accordance with Section 651a, 651v, 651w BGB, as the user is not offered package holidays or two different types of travel services via the services and platforms of GruenerFliegen. In addition, GruenerFliegen is not responsible for providing travel options shown through the Services or Platforms, nor for setting or controlling the prices shown. All third-party travel products that the user finds and/or book through the services and platforms of GruenerFliegen are provided by independent travel providers and are subject to the general terms and conditions.
- Even if GruenerFliegen enforces strict price and emission accuracy guidelines with all travel data-providing travel partners and emission-calculating organizations, the reliability of such content cannot be guaranteed.
- The CO2 data are based on data collected on the basis of past data. GruenerFliegen cannot guarantee that these predictions are correct.
- GruenerFliegen accepts no responsibility for any agreements that The User makes with third parties as a result of his use of GruenerFliegen’s Services and Platforms (including all travel providers).
- If the Services and Platforms contain links to other third-party websites and resources, these links are provided only to inform users. GruenerFliegen has no control over the content of these websites or resources and, subject to the terms and conditions below, assumes no responsibility for any such or any loss or damage that may arise from your use.
- In the event that a user uses the Services or Platforms free of charge without paid services, GruenerFliegen shall not be liable for any claims arising from the fact that the Services and/or the Platforms are temporarily unavailable to the User, in particular due to maintenance work. In addition, GruenerFliegen is not liable for claims arising from the fact that the services are temporarily unavailable to the users, in particular due to maintenance work, provided that the failure does not exceed a total period of more than 0.5% of a year per calendar year and that there is no intention or gross negligence in the event of prolonged failures.
- GruenerFliegen is not liable for claims arising from the fact that the content of the Websites or other platforms and/or the Apps is not complete and/or does not correspond to the truth. In particular, users are not liable for the deletion, disclosure, loss or modification of any user content.
- In the event that a user uses the services or platforms free of charge without paid services, GruenerFliegen’s liability for material defects in the Services or Platforms is limited to the event that GruenerFliegen fraudulently conceals a material defect from the user. Users have no claims for rectification of defects by GruenerFliegen. In the event that a user uses the Services or Platforms free of charge without paid services, GruenerFliegen’s liability for defects in the law on the Services or Platforms shall be limited to the event that GruenerFliegen fraudulently conceals from the User a defect in the law relating to the Services or Platforms.
- These limitations of liability do not apply to damages resulting from injury to life, body or health, in the case of fraudulent concealment of defects, claims under the Product Liability Act, in the case of intent and gross negligence, as well as in the case of breach of obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose observance the users may regularly rely (cardinal obligations).
- The above limitations of liability also apply to the vicarious agents of GruenerFliegen.
- The user agrees to indemnify and hold GruenerFliegen and the vicarious agents harmless from all claims of third parties, claims, lawsuits, expenses, damages, liabilities, losses, etc. in connection with the services or platforms.
Section 10 – Force Majeure
GruenerFliegen is exempt from the obligation to perform in cases of force majeure. Force majeure is defined as any unforeseen event or event whose effects on the performance of the contract are not the party’s control. These events include, in particular, lawful industrial action, including in third-party companies, and official measures.
Section 11 – Data Protection
Section 12 – Final Provisions
- The conclusion of the contract takes place exclusively in German.
- Changes and additions to the contract and the General Terms and Conditions of Use must in principle be at least in the text form. This also applies to the amendment of this provision.