AGBs

General Terms and Conditions for Consolidator Booking

FTI Ticketshop AG (hereinafter referred to as "FTI Ticketshop") is an IATA agency and consolidator in the flight sector. The Agency makes use of the consolidator for the issue of tickets for travel services booked by customers. Booking by the Agency is usually effected through the own reservation systems of the Agency directly at the respective airline company applying the fares published by the airline company or applying special net fares published by the consolidator in fare databases specifically made available for this purpose. The issue of tickets by FTI Ticketshop for bookings effected by the Agency is made on the basis of the following Terms and Conditions that apply in addition to the FTI Touristik AG's General Terms and Conditions for Agencies. In case the General Terms and Conditions for Agencies should contain, in an individual case, provisions that are in conflict with the General Terms and Conditions for Consolidator Booking, the General Terms and Conditions for Consolidator Booking shall prevail.

A contractual relationship does exclusively exist between FTI Ticketshop and the Agency, there does not come about a contractual relationship between the customer of the Agency (hereinafter referred to as "end customer") and FTI Ticketshop.

I. General Information on Reservation, Ticket Ordering and Ticket Issuing

(1)   Reservations must always be made by entering the correct and complete name of the customer according to the identity documents to be used for the flight in order to avoid a refusal of the airline company to transport the end customer for this reason.

In case of excess length in the OSI element, the Agency is obliged to enter the family and first names of the end customer/s in the booking according to the specifications of the respective airline company or, as far as the reservation is made via the FTI Ticketshop, to expressly indicate it.

(2)   Irrespective of how the reservation has come about (see Section II. (1) to (3)), the Agency must always check the reservation made as to its correctness, in particular of the customer data.

(3)   It is also solely incumbent on the Agency to take due care with regard to the adherence to ticketing periods, the attention to any kind of cancellation or other warnings on part of the airlines as well as the observance of underlying conditions of the respective fare.

The Agency is made aware of the fact that reservations are cancelled without replacement (and in part liable to costs) by the airline companies without previous notice in case the Agency fails to observe the duties to take due care. Reference is made to the respective applicable terms and conditions of the airline companies. There is no legal right of the Agency to repeatedly make a cancelled booking subject to the conditions that were in force when the reservation was made.

II. Reservation

(1)   The reservation of flights at an airline company is generally made by the Agency itself using the respective reservation systems.

(2)   When the Agency does not dispose of own reservation systems, a booking can be directly effected by FTI Ticketshop for the Agency against a handling fee according to the respective current Fee List of FTI Ticketshop - see under www.fti-ticketshop.ch. For that purpose, the Agency shall give FTI Ticketshop a written booking order by e-mail. FTI Ticketshop shall immediately notify the Agency by e-mail if FTI Ticketshop rejects the booking order.

FTI Ticketshop performs the booking order subject to availability at the respective airline company and subject to the final confirmation given by the latter. Taking the business hours set forth under Section IV. (2) and (3) below into account, FTI Ticketshop shall immediately inform the Agency by e-mail about the availability of the flights and - if available - about the confirmation by the airline company as well as about the ticketing periods to be observed.

By accepting the booking order, FTI Ticketshop exclusively obliges itself to perform the order and inform the Agency according to sentence 4. There are not connected any obligations beyond that with the acceptance of the order. In particular compliance with the ticketing periods as well as with the underlying conditions of the respective fare is solely incumbent on the Agency.

(3)   As far as the Agency grants the end customer the opportunity to reserve flights directly via the Agency's own homepage by means of an Internet Booking Engine (IBE) so that the reservation is not directly received by the Agency, but by FTI Ticketshop, FTI Ticketshop shall notify the Agency by e-mail of the reservation made by the end customer. The Agency is made aware that the reservation made by the end customer via the internet does only become effective upon confirmation of the booking by the Agency towards the end customer (invoicing) that must be made within a period of 24 hours to three days and notified to FTI Ticketshop without delay.

(4) Via its GDS (Global Distribution System), the Agency is automatically informed by the airline company about any changes occurring after the issue of the tickets, such as changes in flight times or in the flight routing, etc. If the booking was made via FTI Ticketshop, the Agency will be informed by FTI Ticketshop about any changes by e-mail (only during the business hours mentioned under Section IV. (2)) when FTI Ticketshop receives a respective information from the airline.

If the Agency does not dispose of an own reservation system, it will, before cancellation of the flight by the airline company, get an e-mail notice from FTI Ticketshop (only during the business hours mentioned under Section IV. (2) and (3)) with the information to immediately order the issue of the ticket.

Moreover, it is pointed out to the Agency that, in case of a cancellation/partial cancellation, the respective segments in the booking (PNR) must be deleted by the Agency.

(5)   For the issue of tickets by FTI Ticketshop, the Agency is required to send to FTI Ticketshop by e-mail a separate order containing all information required for issuing the tickets.

III. Ticket Ordering

(1)   The ticket must be ordered by the Agency from FTI Ticketshop by e-mail within the respective period defined by the airline company (ticketing period) by Queue or Online Assistant.

(2)   If the Agency disposes of an own reservation system, it will normally get a warning note from the airline company regarding the required ticket ordering before the expiry of the respective ticketing period.

If the Agency does not dispose of an own reservation system, it will, before cancellation of the flight by the airline company, get an e-mail notice from FTI Ticketshop with the information to immediately order the issue of the ticket. Independently from the above, the Agency must monitor and observe ordering and ticketing periods independently and on its own responsibility.

(3)   The Agency is expressly made aware of the provisions under Section IV. (1).

(4)   In ticket orders for reservations according to Sections II.(1) and II.1 (3), it is expected that the booking contains all remarks necessary for issuing the ticket and that the queue provided for the type of fare is used - see PNR Obligatory Entries on our website. FTI Ticketshop recommends to use the Online Assistant. For reservations according to Section II. (3), the ordering must be made via the Online Assistant or the booking administration of IBE. In ticket orders for reservations according to Section II. (2), the Agency is required to send to FTI Ticketshop by e-mail a separate order containing all information required for issuing the tickets.

IV. Issue of Tickets

(1)   It is pointed out to the Agency that FTI Ticketshop needs a handling period of at least three hours within the order periods for the issue of tickets set forth under Sections IV. (2) and IV. (3) and therefore only guarantees the issue of tickets for bookings that were transmitted to FTI Ticketshop not later than three hours before the end of the ticketing period. FTI Ticketshop does not assume any liability if the booking was cancelled by the airline company within three hours before the expiry of the ticketing period. Express reference is made to Section I. (3).

By transmitting the booking to FTI Ticketshop, the Agency orders the issue of the tickets by FTI Ticketshop. FTI Ticketshop will immediately notify the Agency by e-mail if FTI Ticketshop rejects the ticketing order.

(2)   The issue of tickets by FTI Ticketshop is made immediately after receipt of the ticket order, taking into account the applicable ordering hours of FTI Ticketshop, currently from Monday to Friday from 09:00 to 19:00, on Saturdays from 09:00 to 14:00 and on Sundays from 10:00 to 13:30. The current ordering hours can be inspected under www.fti-ticketshop.ch at any time.

(3)   Any ticket orders received outside the ordering hours are regarded as received at the beginning of the ordering hours on the next following working day. Ticket orders requiring a check-back with the airline are only possible from Monday to Friday from 09:00 to 16:00 and on Saturdays upon request only.

(4)   If, after the issue of the tickets, there should occur any changes, such as changes in flight times or in the flight routing, etc., that require the issue of a new ticket, a revalidation or the conversion of a ticket, that will be done by FTI Ticketshop against a handling fee according to Section VIII. upon a respective order given by the Agency. The Agency is expressly made aware of the order periods according to IV. (2) and (3).

The processing required beyond that due to changes occurring after the issue of the ticket shall be solely incumbent on the Agency.

V. Fare Conditions / Price Changes / Cancellation Fees / Subsequent Charges

(1)   The Agency is solely responsible for observing the underlying conditions of the respective fare. For published fares, group bookings and/or special fares (e.g. PEP, AD), the Agency must effect itself the correct airline-related fare calculation as well as the clarification of the complete taxes and additions for special transports and reduced tickets and transmit them to FTI Ticketshop in a stored form together with the booking. In case of organizer's fares, the rules defined by the airlines are to be observed by the Agency in any case. In case of a breach of rules, a possible subsequent fee charged by the airline will be charged on to the Agency. FTI Ticketshop reserves the right to withdraw these rates from the Agency in case of abuse. A verification by FTI Ticketshop is not possible. The Agency is obliged to inform itself at least once a day about changes in the conditions and fares of the airline companies.

(2)   The tickets are issued at the fare in force at the time the ticket is ordered. If, despite there is no control obligation, FTI Ticketshop should note any discrepancies in the booking, FTI Ticketshop shall enter into contact with the Agency via e-mail or GDS for clarification.

(3)   FTI Ticketshop does exclusively guarantee that the conditions respectively in force are published in the reservation systems or in fare databases specifically provided for that purpose, unless such conditions have already been defined by the airline companies themselves via reservation systems.

(4)   FTI Ticketshop informs the Agency about price changes on part of the airline company via newsletter. As far as the ticket still can be issued at the unchanged fare within a defined period, the Agency orders the tickets at FTI Ticketshop. A respective checking of existing bookings by FTI Ticketshop is not possible.

(5)   If a ticket order is received by FTI Ticketshop after a change of the fare applicable at the time of booking, there shall exclusively apply the fare in force at the time the ticket order is received by FTI Ticketshop. There is no separate notice given by FTI Ticketshop.

(6)   For the cancellation of flight services by the Agency, there shall apply the cancellation rates and service fees published by FTI Ticketshop and by the airline companies. If, despite there is no control obligation, FTI Ticketshop should note any discrepancies in the refund application, FTI Ticketshop shall enter into contact with the Agency for clarification.

(7)   Any subsequent charges/ADMs of the airline companies resulting from booking errors of the Agency, such as e.g. no-shows without ticket, reservation manipulations, breaking of segments, refund without cancellation of the segments, will be invoiced to the Agency by FTI Ticketshop.

VI. Entry of Ticket Numbers

The Agency is obliged to immediately check the correctness of the ticket number as well as the correct format of its respective booking system; this is the responsibility of the Agency. FTI Ticketshop does not assume any liability for correctness.

VII. Ticket

(1)   Since 01 June 2008, all airline companies have generally issued e-tickets only. Therefore FTI Ticketshop does not sent tickets and usually does not deposit tickets at the airport anymore. The end customer receives the tickets, depending on airline company and airport, either at automatic terminals provided for that purpose or at the respective counter or check-in of the airline company. The Agency shall inform its customer accordingly and point out to him/her in that connection that the credit or customer card indicated when ordering the ticket will be required at the automatic terminal and an official identity card with photograph will be required at the counter/check-in.

(2)   However, if the deposit of the ticket at the airport by the airline company should be required nevertheless (e.g. missing e-ticket release in the reservation systems for infant tickets, rail&fly feeders, interlining, etc.), the Agency shall be exclusively responsible for the correct notification of the end customer about the place of deposit and the handing-over of the tickets. A sending of tickets by the airline company that may be required shall be made at the exclusive risk of the Agency. In such case, the Agency shall be exclusively responsible for the forwarding of the tickets and the correct notification of the end customer.

VIII. Other Services of FTI Ticketshop as well as Handling Fees

For its services, FTI Ticketshop charges handling fees to the Agency as its client. The individual services and the related charges can be inspected under www.fti-ticketshop.ch .

IX. Payment

(1)   Upon issue of the ticket, the flight price plus taxes (ticket price) as well as the further various fees become due for payment. FTI Ticketshop issues to the Agency a gross invoice or an invoice with commission statement if agreed with the Agency. The tickets will only be sent according to Section VII. upon receipt of the full invoice amount by FTI Ticketshop. In case the Agency should be in default with the payment of the invoice amount, FTI Ticketshop reserves the right to take the ticket back or to cancel the ticket.

(2)   As client (party ordering), the Agency is obliged towards FTI Ticketshop to pay and is liable for the proper, timely and complete payment of the invoice amount. Payment shall be made in compliance with the mode of payment agreed under the agency agreement. FTI Ticketshop assumes the handling of the payment transaction with the airline company.

(3)   At the Agency's request, FTI Ticketshop assumes, for IATA tickets, the collection of the ticket price from the end customer if he/she pays by credit card, provided the airline company accepts the respective credit card and the respective fares allow payment by credit card. The collection is normally made directly by the airline company.

(4)   As far as, with regard to IATA fares, the Agency has agreed payment of an agency fee with the end customer and the payment by the end customer shall be made by credit card, the Agency shall notify that to FTI Ticketshop together with the amount of the agreed fee in the ticket order in the defined format. The agency fee will be collected by FTI Ticketshop separately from the ticket price and will be separately stated to the end customer by the Agency. The Agency shall make the end customer aware of the fact that two debit entries will be made to the end customer's account. FTI Ticketshop does not assume any liability for the payment of the agency fee by the customer. The agency fee minus the handling fee to be paid by the Agency to FTI Ticketshop for the issue of the ticket according to Section VIII. shall be credited by FTI Ticketshop to the Agency when invoicing the ticket price.             In case the payment is actually not received (e.g. for lack of funds of the end customer's credit card or if wrong data were indicated) or if a return debit is made by the credit card company, FTI Ticketshop shall charge to the Agency the agency fee that was paid by FTI Ticketshop to the Agency in advance together with a handing fee of FTI Ticketshop to an amount SFR 50,00 incurred in that connection. In case of a return debit by the credit card company, the Agency shall moreover assume the respective handling fee charged by the credit card company.

(5)   The Agency shall point out to the end customer who is the respective recipient of the payment.

(6)   As means of payment for IATA fares, the airline companies normally accept credit cards of the types AirPlus, American Express, Diners Club, Eurocard/Mastercard and Visa. The Agency is obliged to check whether the credit card to be used by the end customer is accepted by the booked airline company. In case the customer's credit card is not accepted, the Agency will be responsible for the payment of the flight ticket. It is pointed out to the Agency that FTI Ticketshop does not accept direct debiting as an alternative means of payment. If FTI Ticketshop should note upon issuing the ticket that the credit card used by the end customer is not accepted by the booked airline company, FTI Ticketshop shall notify that to the Agency. Any costs of an alternative payment handling incurred in that connection shall be charged on to the Agency and are to be borne by the latter.

(7)   Also in case of payment by credit card by the customer, the Agency continues to be liable for the proper, timely and complete payment of the flight ticket. In the event the credit card company should not make the payment or effect a return debit, FTI Ticketshop will charge the ticket price on to the Agency immediately after a respective notification by FTI Ticketshop. Handling fees charged to FTI Ticketshop by the credit card company shall be assumed by the Agency.

(8)   Credit balances of the Agency from credit entries based on refunds (e.g. for flight tickets handed in) or commission or agency fees from credit card payments will be automatically set off at the next possible opportunity. The handling of requests for refunds by the airline companies usually may take several weeks. Repayment of the agency fee charged to the end customer by the Agency to the end customer shall be exclusively made by the Agency.

(9)   As far as, as a consequence of a failure to observe and/or to take into account the defined and notified conditions, the fare assumed or desired by the Agency should not be applicable, the Agency obliges itself towards FTI Ticketshop to settle any additional charges made by the airline company to FTI Ticketshop immediately upon notification and additional charging. Additional charges by the airline company are possible during a period of up to 9 months after the last flight segment; they shall be settled via the agreed direct debiting procedure by FTI Ticketshop with the Agency.

(10) Where the airline company makes a credit entry to FTI Ticketshop that shall be passed on to the end customer, FTI Ticketshop will credit the amount to the Agency's account. The Agency is obliged to forward the amount to the end customer without delay.

X. Liability

(1)   FTI Ticketshop is not responsible for the proper performance of the flight services and is not liable for any damage or accidents that may have occurred during the transport of the air passenger. FTI Ticketshop is not liable in case of a failure of the various booking systems of the airlines or of GDS – Galileo, Amadeus, Sabre, Worldspan.

(2)   Changes in the routing of aeroplanes, flight times, departure and arrival airports and the use of other aircraft and other airline companies remain reserved to the airline companies according to their respective terms and conditions. There is no liability on part of FTI Ticketshop. FTI Ticketshop is not liable for the correctness of information of the airlines transmitted by FTI Ticketshop to the Agency, provided FTI Ticketshop has correctly passed on such information.

(3)   The Agency and the final customer, respectively, are responsible for the information of the final customer about the underlying conditions of the fare respectively booked and for compliance with them.

(4)   In particular, FTI Ticketshop is not responsible for compliance with required passport, visa or health and vaccination regulations by the end customer. It is incumbent on the Agency to give respective information. The Agency shall indemnify FTI Ticketshop against any claims of the end customer asserted due to an incorrect description of the contractual relation towards FTI Ticketshop.

(5)   A possible contractual liability of FTI Ticketshop is limited to 1 ½ times the ticket price, except in case of a damage from injury of life, body or health of a person caused by intent or gross negligence or in case the damage was caused by intent or gross negligence on part of FTI Ticketshop, a legal representative or vicarious agent of FTI Ticketshop.

FTI Ticketshop AG, Brandbacherstrasse 10, 8305 Dietlikon

Supervisory board: : Ralph Schiller (President), Jeanine Boulay, Maik Gruba, Matthias Huwiler

Commercial register of Canton Zürich CHE-452.340.830

Rev.: 15.07.2015