(1) CrewLife Holding GmbH, Löhleinstr 17, 14195 Berlin, represented by managing director Thomas Drtina, Lars Flügel, Florian Müller, telephone: +49 30 346 556 110, e-mail: info@crewlife.aero, commercial register number HRB 191988 at the Berlin District Court (hereinafter “CrewLife”) offers via the website crewlife.aero and other access options via other platforms (iPhone apps, Android apps, etc.) Services for so-called flying personnel and the provision of further thematically related services and products.
(2) These general terms and conditions (GTC) apply to all current and future contractual relationships that CrewLife enters into with the user. Divergent, conflicting or supplementary general terms and conditions do not become part of the contract even if CrewLife becomes aware of them, unless CrewLife expressly agrees to their validity at the time of conclusion of the contract. CrewLife's terms and conditions apply even if CrewLife performs the service without reservation under conflicting terms and conditions of the user. Conflicting or deviating conditions of the user are not recognized by CrewLife. Amendments, additions and oral agreements made by the management or statements made by other persons only become part of the contract if they are expressly confirmed by CrewLife by an authorized representative.
(3) These terms and conditions apply only to consumers within the meaning of § 13 BGB. According to § 13 BGB, a consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or independent professional activity.
(1) The subject of this contract is the provision by CrewLife of software for flight attendants and full-time pilots for planning and organizing flight data and communication with other flight attendants and/or pilots, which gives the user the opportunity and authorization to access a software application, which is hosted on a CrewLife provider-owned server, by means of telecommunications and to use the functionalities of the software application within the framework of this contract. For this purpose, CrewLife makes the software product available to the user for use.
(2) The preparation of flight time overviews and rosters to prepare a tax return and the provision of tax advisory services are also part of this contract. In this case, CrewLife exclusively acts as an intermediary between the user and a tax advisor. All relevant contractual relationships are concluded exclusively between the user and the tax advisor.
(3) Insofar as CrewLife offers further services to the user, CrewLife offers these additional services exclusively in accordance with the specific general terms and conditions applicable for this purpose.
In principle, you can access the MyRoster web pages without providing any information about yourself. Your visit to the MyRoster websites is logged. This access data only collects:
(1) The use of CrewLife services requires the user to create a user account. In order to be able to use CrewLife's offer and services, it is necessary for the user to provide CrewLife with complete and accurate information. By submitting the registration, the user makes an offer to conclude a user contract for the marketplace operated by CrewLife on its website.
(2) The user can correct his entries at any time during registration by clicking on the “Back” button in the browser and then making the appropriate change. By closing the web browser, the user can cancel the registration at any time.
3) CrewLife reserves the right to reject the offer to conclude a user contract with the user.
(1) CrewLife undertakes to host the contract software on a server operated by it and to make it accessible and usable by the user via a URL or other application to be provided to him. This includes e.g.
a) CrewLife offers an interface via the “flight log” function for downloading duty schedules, layover information and/or payslips as well as other information provided by the airline. b) CrewLife provides a communication tool via the “Messenger” function, which is used to exchange messages and other information with other users.
c) Using the “MyRoster” function, CrewLife offers an interface via which flight time overviews or schedules provided by the airline can be imported in a standardized file format for the preliminary evaluation of information as part of a tax return.
(2) CrewLife undertakes to take all technical precautions necessary to ensure availability of at least 98% on an annual average. If this level is not reached, each party has the right to extraordinary termination of this contract.
(3) CrewLife undertakes to continuously monitor the functionality of the software and to eliminate any software errors immediately after becoming aware of them. Nevertheless, the user is aware that software cannot be error-free. However, an error exists in particular if the software does not fulfill the functions specified in CrewLife's service description, delivers incorrect results in computing operations, interrupts operation in an uncontrolled manner or does not function properly in any other way, so that the use of the software is impossible or restricted.
(4) The services provided by CrewLife are free of charge for the user, unless the user is informed of the costs involved.
5) CrewLife also offers various brokerage services, particularly in the area of tax advice. CrewLife does not offer any tax advisory services. All tax advisory services and information are provided directly by the tax advisor provided by CrewLife. This applies even if CrewLife supports the tax advisor's invoicing by way of payment processing. The tax advisor's services are offered to the user as part of a contract for the benefit of third parties with the respective tax advisor. The service relationship and also the liability relationship for tax advisory services are therefore established directly between user and tax advisor. The tax advisory service is provided exclusively by the respective contractual partner within the framework of a separate contract.
6) In order to be able to use CrewLife services, it is necessary for the user to provide personal information in his user account. CrewLife will store all data confidentially and in accordance with the provisions of the Federal Data Protection Act for the user and use and use it exclusively to provide the services offered. By registering, the user declares his express consent that his personal data will be passed on to a tax advisor for the purpose of arranging and carrying out the desired tax advisory service. The personal data provided by the user in his user account can be viewed, changed or deleted by the customer at any time.
(7) All services provided by CrewLife relate exclusively to the airlines supporting this service, which are listed on the CrewLife website.
(1) The user undertakes to use the contract software only personally.
(2) The user is obliged to provide CrewLife with accurate and complete information.
(3) The user undertakes to protect the usage and access authorizations assigned to him or the users as well as identification and authentication guarantees against access by third parties and not pass them on to unauthorized users. Should the user's password become known to a third party, the user is obliged to immediately set a new password for his user account or to inform CrewLife that the user password is known to a third party.
(4) The user undertakes not to misuse or allow the contract software to be misused, in particular not to transmit information offers with illegal or immoral content or to draw attention to such information that serves sedition, leads to crimes or glorifies or trivializes violence, is sexually offensive or pornographic, is likely to seriously endanger children or adolescents or impair their reputation may be damaged by CrewLife;
(5) The user undertakes to refrain from any attempt, himself or by unauthorized third parties, to access information or data without authorization or to interfere with software operated by CrewLife or to penetrate CrewLife's data networks without authorization.
(6) The user indemnifies CrewLife from all claims by third parties which are based on illegal use of the contract software by him or are made with his approval or which arise in particular from data protection, copyright or other legal disputes associated with the use of the contract software. If the user recognizes or must recognize that such a violation is imminent, CrewLife is obliged to inform CrewLife immediately.
(7) The user undertakes to back up the data transmitted to CrewLife regularly and according to risk, but at least once a day, and to make his own backup copies in order to ensure the reconstruction of the data and information if the data and information is lost.
(8) Before sending data and information, the user is obliged to check them for viruses and to use state-of-the-art virus protection programs.
(9) The user undertakes to save his existing data in the system by downloading it until the contract is terminated, as it cannot be ruled out that the user will no longer be able to access these data stocks after the contract has ended.
(1) There is no extrajudicial complaint or appeal procedure to which CrewLife is subject.
(2) The user can save the contract text by using the “Save As” function of his browser to secure the relevant website on his computer. Thanks to the print function of his browser, he also has the option of printing out the text of the contract. CrewLife stores the contract texts and makes them available to the user via email upon request.
(3) CrewLife's offer is not subject to any special code of conduct.
Right of withdrawal:
You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must tell us
CrewLife Holding GmbH Löhleinstr. 17 14195 Berlin
info@crewlife.aero
inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the sample withdrawal form. If you make use of this option, we will immediately (e.g. by email) send you confirmation of receipt of such a withdrawal.
To meet the withdrawal period, it is sufficient that you send the notification that you have exercised your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal:
If you cancel this contract, we must repay you all payments we have received from you immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; under no circumstances will you be charged for this repayment.
If you have requested that the services begin during the cancellation period, you must pay us a reasonable amount, which corresponds to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
- End of cancellation policy-
(1) The user receives the non-exclusive simple right of use, limited to the term of this contract, to access the contract software via telecommunications and to use the functionalities associated with the contract software in accordance with this contract using a browser or an application made available for download by CrewLife. CrewLife is exclusively entitled to any additional rights, in particular to the contract software or operating software.
(2) The user is not entitled to use the contract software beyond the use permitted in accordance with this contract or to have it used by third parties or to make the software available to third parties. In particular, the user is not entitled to reproduce, sell and/or transfer the contract software in whole or in part for a limited period of time, in particular not to rent or loan out the contract software.
(3) In the event of an unauthorized transfer of use, the user must immediately provide CrewLife with all information on how to assert claims against the third party.
(4) Insofar as CrewLife provides the user with third-party software, i.e. created by third parties, for use, the rights of use granted to the user are limited to the rights of use granted to CrewLife for this software. At the user's request, CrewLife undertakes to disclose to the user the scope of the rights of use granted by him by the third party.
(1) CrewLife's liability is excluded to the extent permitted by law.
(2) CrewLife is excluded in particular for the use of evaluations prepared by CrewLife as part of tax returns. In particular, any warranty for the use or results of the use of the service or data in terms of correctness, completeness, accuracy, reliability by the provider is excluded.
(3) The user expressly agrees that CrewLife is not liable for direct, indirect, incidental, special, sequential damages or all other damages, including lost profit, goodwill, use, data or other intangible losses arising from the use or inability to use the evaluation results or data or the procurement of replacement goods and/or services resulting from the inusability of the evaluations or a Defects contained therein arise insofar as this is permitted by law.
(4) The above regulations do not apply to liability for breach of an essential contractual obligation and to liability for damage suffered by the user as a result of injury to life, body or health as a result of the use of CrewLife services, nor to damages based on an intentional or grossly negligent breach of duty by CrewLife, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
(5) CrewLife is not liable for damage arising from the contract concluded between the user and the tax advisor or consulting errors made by the tax advisor. As a contract for the benefit of third parties, a direct service relationship is created exclusively between user and tax advisor.
(1) The contract between the user and CrewLife is concluded for an indefinite period and can be duly terminated by the customer at any time. The termination requires a declaration of termination in text form (e.g. e-mail) to the address given in the legal notice. When the termination takes effect, CrewLife will block the user's account.
(2) The right to extraordinary termination without notice remains unaffected. CrewLife has the right to extraordinary termination in particular if
a) the customer has provided CrewLife with incomplete and false information,
b) the CrewLife offer is misused by the customer and is not used in accordance with these provisions
CrewLife is entitled to block access to the contract software and its data in the event of an unlawful breach by the user of one of the essential obligations set out in this contract. Access will only be restored once the breach of the relevant essential obligation has been permanently eliminated or the risk of repetition has been ensured by submitting an appropriate declaration of injunctive relief to CrewLife. Blocking the user account does not release the user from existing payment obligations to him.
(1) CrewLife reserves the right to expand, reduce, change or make other improvements to the contractual software the services and/or functionalities contained in the contract software. In the event of a reduction in the services and/or functionalities of the contract software, the user has an extraordinary right to terminate this contract, insofar as the balance of performance and consideration is more than insignificantly affected and the parties cannot agree on any other provision to continue this contract.
(2) Adjustments, changes and additions to the contract software as well as measures aimed at identifying and correcting functional disorders may only lead to a temporary interruption or impairment of availability insofar as this is necessary for technical reasons. In addition, CrewLife undertakes not to carry out such measures during normal business hours.
(1) Both parties will comply with the applicable data protection regulations, in particular those applicable in the territory of the Federal Republic of Germany, and oblige their employees employed in connection with the contract to maintain data secrecy in accordance with Section 5 BDSG, unless they are already generally required to do so.
(2) CrewLife is obliged to take appropriate precautions against loss of data in the event of a computer crash and to prevent unauthorized access to this data by third parties. For this purpose, CrewLife will make regular backups and install firewalls, etc. Access data (user names and passwords), which are used for protected data access by the user, must not be made available to unauthorised third parties.
(3) If the user collects, processes or uses personal data himself or through CrewLife, he guarantees that he is entitled to do so in accordance with the applicable, in particular data protection regulations and, in the event of a violation, releases CrewLife from third-party claims. CrewLife will store, use and use the user's personal data exclusively to provide the services under this contract. Personal data will not be passed on unless the user has confirmed this, for example by using a corresponding service from CrewLife.
(4) It is clarified that the user remains “master of the data” both in general in the contractual relationship and in terms of data protection law (§ 11 BDSG). The user is the sole person with regard to the right of disposal and ownership of all customer-specific personal data (entered data, processed, stored data, issued data). CrewLife does not check the data and content stored for the user with regard to the legal admissibility of collection, processing and use; this responsibility is assumed exclusively by the user. CrewLife is only entitled to process and/or use customer-specific personal data exclusively as directed by the user (e.g. to comply with deletion and blocking obligations) and within the framework of this contract; in particular, CrewLife is prohibited from making customer-specific data available to third parties in any way without the user's prior consent. This also applies if and to the extent that customer-specific data is changed or supplemented. However, to the extent permitted by data protection law, CrewLife is entitled to process and use the user's data (e.g. billing data for the purpose of billing services to the user) during the period in force of this contract.
(5) Insofar as the user transmits additional personal data to CrewLife, by using the function and transmitting the data, the user agrees that his further personal data, such as the data entered and/or uploaded by him to evaluate his service and/or flight plans to prepare the evaluation, will be stored by CrewLife for order data processing. Order data processing.
(6) CrewLife takes the technical and organizational safety precautions and measures in accordance with the appendix to §9 BDSG. In principle, the user is not entitled to request access to the premises with the contract software, server and operating software as well as other system components of the contract software. This does not affect the access rights of the user's data protection officer after written notification to check compliance with the requirements in accordance with the annex to §9 BDSG and other legal and contract-compliant handling of personal data by CrewLife as part of operating the contract software.
(1) CrewLife is exempted from the obligation to perform under this contract if and to the extent that the failure to perform services is due to the occurrence of force majeure circumstances following the conclusion of the contract.
(2) Force majeure includes, for example, war, strikes, riots, expropriations, cardinal changes in law, storms, floods and other natural disasters as well as other circumstances for which CrewLife is not responsible. [In particular, water ingress, power outages and interruptions or destruction of data-carrying lines.]
(3) Each Contracting Party shall immediately and in text form notify the other Contracting Party of the occurrence of a case of force majeure.
(1) Additions or changes to this contract must be made in writing. This also applies to this written form clause.
(2) The place of performance and jurisdiction for all legal disputes arising from the contractual relationship and regarding its occurrence and effectiveness is, to the extent permitted by law, the registered office of CrewLife.
(3) For consumers and for other persons with a habitual seat or residence in a member state of the European Union (EU) or the European Economic Area (EEA) at the time of conclusion of the contract, German law applies to the exclusion of the UN sales law. For consumers with habitual residence in a state that is neither a member of the EU nor the EEA, German law applies to the exclusion of UN sales law and German consumer protection law. Irrespective of this choice of law, consumers are always subject to the mandatory consumer protection law of the state in which they habitually reside at the time the contract is concluded.
(4) The place of fulfilment and jurisdiction is, to the extent permitted by law, for services and payments and all disputes arising between the parties, the registered office of CrewLife. For end users, the place of fulfilment and jurisdiction is the user's registered office. If the private end user is not domiciled within the European Union, the place of jurisdiction is the registered office of CrewLife. When dealing with end users within the European Union, the law at the end consumer's place of residence may also apply, provided that consumer law provisions are mandatory.
(5) Insofar as one or more of the clauses of this contract are or should become invalid over time, the effectiveness of the remaining contract remains unaffected. Statutory regulations replace the ineffective clauses. The legal regulations also apply in the event of a regulatory gap.
(6) The contracting parties will immediately inform each other of all circumstances that could be important for the execution of this contract.
(7) Any Internet connection costs (telecommunications costs) are borne by the user himself.
(8) CrewLife reserves the right to change these general terms and conditions insofar as this appears necessary, e.g. due to a change in legal situation, and the contractual partner is not disadvantaged in good faith as a result. CrewLife will inform the user in writing or in text form if these general terms and conditions are amended. In this case, the user can object to the change to the general terms and conditions within a reasonable period of time to be notified. If the user does not object to the amendment of the general terms and conditions or does not object in due time, these shall become part of the contract concluded with the user after expiry of the reasonable period of time.
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Status: December 2017
