General terms and conditions for quotation requesters

Flowings B.V.

Flowings offers a website where requests for quotations can be submitted for one or more flights with a private aircraft. Flowings is not the company that offers and operates the flights on a private aircraft and is not a party to the agreement between the quotation requester and an aircraft operator that may be established after a request for quotation. These general terms and conditions apply to the submission of the request for quotation and to the service that Flowings provides to quotation requesters.

Artikel 1 Definitions

1.1 In these general terms and conditions, the following terms written with an initial capital letter are used in the following meaning, unless expressly stated otherwise or the context indicates otherwise:
Account: The account of the Quotation Requester on the Website;
Booking: The agreement between the Aircraft Operator and the Quotation Requester whereby the Quotation Requester books one or more Flights for one or more persons with the Aircraft Operator;
Flowings: The user of these general terms and conditions: Flowings B.V. established at Meent 106 in (3011 JR) Rotterdam, the Netherlands, registered with the Chamber of Commerce under KvK number 87054892;
Quotation: The quotation for the Flight(s) requested by the Quotation Requester;
Request for Quotation: The request for quotation submitted by the Quotation Requester via the Website or received by Flowings or any other means from the Quotation Requester for one or more Flights;
Quotation Requester: The legal person, organisation or natural person who has submitted or wishes to submit a Request for Quotation;
Passenger: The natural person for whom the Quotation Requester wishes to book a Flight or for whom the Flight has been booked. If the Quotation Requester has submitted a Request for Quotation or has booked a Flight for his own benefit, the Quotation Requester is then also the Passenger;
In writing: In writing or by e-mail;
Service: The service that Flowings provides, including the provision of the Website on which Flights can be viewed and where the Quotation Requester can submit a Request for Quotation and process it on behalf of an Aircraft Operator;
Aircraft Operator: The aircraft operator that offers flights with a private aircraft and with which Flowings cooperates;
Flight: The flight with a private aircraft that the Aircraft Operator offers or performs or is required to perform under the Booking;
Flight details: Details of a flight by private aircraft;
Website: The website www.flowings.com and the associated application of Flowings.

1.2 Unless the context indicates otherwise, terms defined in the singular also refer to the plural and vice versa.
1.3 Wherever “he” or “his” is mentioned in these general terms and conditions, “she” or “her” can of course also be read.

Artikel 2 General

2.1 These terms and conditions apply to the submission of the Request for Quotation, the legal relationship between the Quotation Requester and Flowings, the use of the Account and the Service.
2.2 Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing and only apply to the relevant Service for which the deviating agreements have been agreed.
2.3 If one or more provisions in these general terms and conditions become void or may be nullified, then the remaining provisions of these general terms and conditions shall remain fully applicable. In that case, Flowings has the right to substitute a provision that is not unreasonably burdensome for the Offer Applicant and that approximates the void provision as closely as possible.
2.4 Flowings has the right to change these general terms and conditions unilaterally. The Quotation Requester will be notified of the amended terms and conditions and the date of entry into force by e-mail. If the Quotation Requester does not agree to the amended terms and conditions, the Quotation Requester must no longer use the Service and must delete his Account.
2.5 If Flowings does not require strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply or that, to any degree, Flowings would lose the right to demand strict compliance in other cases with the provisions of these general terms and conditions.

Artikel 3 Offer

3.1 All Flight Details published on the Website are non-binding and come from Aircraft Operators. Flowings does not guarantee that the Flight Details are correct and complete or that the Flights displayed on the Website are (still) available.
3.2 The Flights are offered by the Aircraft Operators and not by Flowings.
3.3 Prices on the Website included in Flight Details are indicative, and no rights can be derived from them.
3.4 If the Quotation Requester wishes to know the exact price for one or more Flights, the Quotation Requester must submit a Request for Quotation to Flowings.
3.5 Flowings offers the Service only to Quotation Requesters who are 18 years of age or older.

Artikel 4 Account

4.1 In order to submit a Request for Quotation, it is necessary that the Quotation Requester has created an Account and is logged in to the Website.
4.2 Creating an Account is free of charge.
4.3 After the Quotation Requester has successfully created an Account, Flowings will send the Quotation Requester a confirmation email.
4.4 The Account can only be created after the Quotation Requester has clicked to agree to these terms and conditions.
4.5 All information provided to Flowings by the Quotation Requester when creating the Account must be accurate and complete.
4.6 Changes in his contact or other details can be communicated to Flowings by the Quotation Requester via his Account.
4.7 During the creation of the Account, the Quotation Requester chooses a password. The Quotation Requester is responsible for selecting a sufficiently reliable password.
4.8 The Quotation Requester must keep his login details strictly confidential.
4.9 Flowings is not liable for the loss of the login data used by the Quotation Requester or for unauthorised use of the Account by a third party.
4.10 If the Quotation Requester knows or suspects that his login details have come into the hands of an unauthorised person, he must change his password and/or notify Flowings as soon as possible so that Flowings can take appropriate measures.

Artikel 5 Consequences of non-compliance

5.1 Flowings has the right to block the access of the Quotation Requester to his Account or to refuse a Request for Quotation without the Quotation Requester being entitled to any form of compensation if:
a. The Quotation Requester acts contrary to the purpose of the Website, laws or regulations and/or these general terms and conditions;
b. The Quotation Requester acts unlawfully towards Flowings;
c. Flowings in the past has received one or more complaints about the Quotation Requester from an Aircraft Operator;
d. Flowings knows or suspects that the Passenger is not allowed to leave the country in which the Passenger is located;
e. Flowings deems there is a risk that the Passenger will use the Flight for criminal activities or other acts that are contrary to laws or regulations.
5.2 If Flowings takes one or more measures as described in Article 5.1, the Quotation Requester will be informed by e-mail. Flowings is not liable for any damage suffered by the Quotation Requester as a result of any of the measures referred to in Article 5.1.

Artikel 6 Request for Quotation and deposit

6.1 Submitting the Request for Quotation is free of charge.
6.2 As soon as possible after Flowings has received the Request for Quotation, Flowings will send the Quotation to the Quotation Requester on behalf of the Aircraft Operator. If no flights or flights are available that are in line with the Request for Quotation, Flowings will notify the Quotation Requester of this.
6.3 The Quotation is without obligation. This means that the Aircraft Operator can revoke the Quotation, even if the actions have been performed as described in Article 8.2. If the Aircraft Operator withdraws the Quotation after the acts as described in Article 8.2 have been performed, such withdrawal shall take place immediately after the acceptance of the Quotation. If the Aircraft Operator withdraws the Quotation and the Quotation Requester has made a deposit or payment, then Flowings will reimburse this amount to the Quotation Requester.
6.4 It is possible that the Quotation Requester will be required to pay a deposit prior to the Booking. If the Quotation Requester has to pay a deposit, the Quotation Requester will be informed of this via the Website prior to submitting the Request for Quotation. The deposit must be paid when submitting the Request for Quotation. If the Booking is not made, the deposit will be refunded to the Quotation Requester.
6.5 Flowings cannot guarantee that the submission of a Request for Quotation will lead to a Quotation or a Booking.
6.6 Flowings has the right:
a. Not to process the Request for Quotation if Flowings has reasonable grounds to believe that the Request for Quotation is not serious;
b. To terminate the Service if Flowings knows or suspects that the Quotation Requester is no longer interested in the Flight.

Artikel 7 Website and Service

7.1 The availability of the Website may be temporarily interrupted due to maintenance or changes to the Website.
7.2 Flowings must never be regarded as a travel agency.
7.3 Flowings may decide at any time to stop the operation of the Website. The Quotation Requester will be informed of this by e-mail well in advance.

Artikel 8 Conditions of the Aircraft Operator, Booking and Flight Details

8.1 The Aircraft Operator declares that the Quotation and the Booking are subject to its own general or other terms and conditions. The general or other terms and conditions of the Aircraft Operator will be sent to the Quotation Requester together with the Quotation. By agreeing to the Quotation, the Quotation Requester declares to have received and agreed to the general or other terms and conditions of the Aircraft Operator.
8.2 The Booking is created at the moment that:
a. The Quotation Requester has agreed to the Quotation via email; and
b. The Quotation Requester has paid the price for the Booking.
8.3 Immediately after the actions as described in Article 8.2 have been performed, Flowings forwards the agreement to the Aircraft Operator. After Flowings has received the booking confirmation from the Aircraft Operator, Flowings will forward this booking confirmation to the Quotation Requester via email.
8.4 If the Quotation Requester finds an error in the booking confirmation, the Quotation Requester must contact Flowings immediately to have the error corrected.
8.5 The booking confirmation must be presented by the Passenger to the Aircraft Operator when boarding the private aircraft.
8.6 If Flight Details change, the Aircraft Operator or Flowings will notify the Quotation Requester accordingly. Flowings is not liable for any damage suffered by the Quotation Requester or the Passenger due to changes in Flight Details. The Service does not include arranging transportation or accommodation that is desired/required due to changing Flight Details.

Artikel 9 Payment

9.1 Flowings will receive payment for the Booking on behalf of the Aircraft Operator. Payment is made through a third-party payment system.

Artikel 10 Cancellation of the Booking by the Quotation Requester

10.1 The Booking is subject to the statutory exception pursuant to which the right of withdrawal does not apply.
10.2 If the Quotation Requester (partially) cancels the Booking, the cancellation conditions of the Aircraft Operator shall apply. These cancellation conditions can be read in the general or other terms and conditions of the Aircraft Operator that have been sent to the Quotation Requester together with the Quotation.

Artikel 11 Cancellation of the Flight

11.1 If the Aircraft Operator cancels the Flight or the Flight does not proceed for any other reason and, to the extent applicable, the Quotation Requester does not agree with the alternative flight offered by the Aircraft Operator, then the price for the Booking will be refunded by Flowings, on behalf of the Aircraft Operator, to the Quotation Requester, provided that Flowings has received this amount from the Aircraft Operator. If Flowings cannot reimburse the Quotation Requester because Flowings has not received the amount from the Aircraft Operator, for example due to the bankruptcy of the Aircraft Operator, Flowings is not obliged to reimburse and Flowings is not liable for any damage suffered by the Quotation Requester as a result.
11.2 If the Aircraft Operator goes bankrupt, the Quotation Requester may contact the receiver to file his claim. Submitting a claim on behalf of the Quotation Requester is not covered by the Service.
11.3 If the Flight is cancelled by the Aircraft Operator, the Flight does not proceed for any other reason or the Passenger misses the Flight, then Flowings is not obliged or responsible for offering an alternative flight or itinerary and Flowings is not liable for any damage suffered by the Passenger as a result.

Artikel 12 Responsibilities of the Quotation Requester and the Passenger

12.1 The Quotation Requester warrants that all information that he enters and provides when creating an Account and when submitting a Request for Quotation is correct and complete.
12.2 Booking a Flight is entirely at your own risk.
12.3 The Quotation Requester is responsible for verifying that the Passengers' details regarding the Flight are correct and complete. If details change, the Quotation Requester is responsible for communicating the changes to Flowings in a timely manner.
12.4 The Quotation Requester declares to be authorised to purchase the Service on behalf of the Passengers and to make a Booking.
12.5 The Quotation Requester must inform the Passengers of the general and other terms and conditions of the Aircraft Operator.
12.6 The Quotation Requester is responsible for the conduct of the Passengers.
12.7 The Passenger must comply with the general and other terms and conditions of the Aircraft Operator and is responsible for the possession of the correct travel documents and for compliance with laws and regulations applicable to the Flight and in the country of departure and in the country of arrival. If Flowings provides information about laws and regulations, travel documents or rules of the Aircraft Operator, this is non-binding information from which no rights can be derived, and Flowings is not liable if this information is incorrect or complete. The Passenger is responsible for checking that he has the correct travel documents.
12.8 If a Passenger is not allowed to leave the country in which he is staying, for example due to laws or regulations or a court ruling, the Quotation Requester is not permitted to submit a Request for Quotation or to book a Flight for the benefit of this Passenger.

Artikel 13 Position of Flowings

13.1 Flowings performs legal acts on behalf of the Aircraft Operator, such as, but not limited to, sending a Quotation and booking confirmation and collecting the price for the Booking.
13.2 If the Quotation Requester agrees to the Quotation and has paid the price, a Booking is made between the Quotation Requester and the Aircraft Operator, and the Quotation Requester books one or more Flights with the Aircraft Operator and not with Flowings.
13.3 The Aircraft Operator is not hired by Flowings. The Quotation Requester enters into a contractual relationship with the Aircraft Operator directly. Flowings has only a facilitating function. The Flights are not offered or operated by Flowings. Therefore, Flowings cannot guarantee the quality of the Flights made.
13.4 Flowings is not responsible for information coming from an Aircraft Operator.

Artikel 14 Liability and limitation period

14.1 Flowings cannot guarantee the continuous availability of the Website and the accuracy of all data contained on the Website. The Website is offered in its current state and as available, without any express or implied warranty of any kind. Flowings is not liable if the Website is temporarily unavailable or does not function properly.
14.2 Flowings is not liable for damage suffered by a Quotation Requester due to a hacker, cyber-attack or a computer virus.
14.3 The Quotation Requester is responsible for the accuracy and completeness of the data and documents provided by him under all circumstances. Flowings is never liable for any damage that is (partly) caused by the fact that the data and documents provided by the Quotation Requester are incorrect.
14.4 Flowings is in no way responsible to the Quotation Requester for the conduct, expressions, information etc. of the Aircraft Operator.
14.5 Flowings is not liable for errors or incompleteness in Flight Details.
14.6 Flowings is not liable for damage to the Passenger caused by the Aircraft Operator or by a third party.
14.7 Flowings is never responsible if the Aircraft Operator, for whatever reason, does not carry out the Flight, does not do so in a timely manner, or cancels the Flight.
14.8 Flowings shall not be liable if the Aircraft Operator, for whatever reason, refuses to allow the Passenger to board the private aircraft or refuses to carry Passenger's baggage on the private aircraft.
14.9 If the Aircraft Operator has not, has not timely or has not properly performed the Flight, has caused damage and/or has acted unlawfully towards the Quotation Requester and/or a Passenger, the Quotation Requester or the Passenger may hold the Aircraft Operator liable for this and not Flowings.
14.10 Flowings is never obliged to pay compensation as a result of consequential damage. Consequential damage is in any case defined as: lost turnover, lost profit, lost savings, business damage, business interruption, stagnation damage, delay damage, damage to reputation, labour costs, lost holiday or other enjoyment, replacement transport, travel and accommodation costs, personal injury or death, fines imposed and indirect damage, regardless of their origin.
14.11 If, despite the provisions of these general terms and conditions, any liability should rest on Flowings, then that liability is limited to €500. Since the Service is free of charge to the Quotation Requester, such limitation of liability shall be deemed to be reasonable. If Flowings relies on its liability insurance, the liability of Flowings will never exceed the amount actually paid out by the insurer of Flowings in the relevant case.
14.12 The Quotation Requester indemnifies Flowings against all claims of third parties for damage caused by or in connection with the Service, insofar as Flowings would not be liable to the Quotation Requester for such damage.
14.13 Any legal claim against Flowings due to a defect in the performance of the Service shall become statute-barred one year after the Quotation Requester has discovered or could reasonably have discovered the damage.

Artikel 15 Force Majeure

15.1 Flowings is not obliged to provide the Service if it is prevented from doing so as a result of force majeure. Force majeure is understood in these general terms and conditions, in addition to what is understood in law and jurisprudence, to include all external causes, foreseen or unforeseen, over which Flowings cannot exercise any influence but due to which Flowings is not able to fulfil the obligations. Force majeure includes in any case: extreme weather conditions; floods; theft; natural disasters; terrorism; riots; epidemics; pandemic; quarantine obligation; obstacles by third parties, including those of governments; illness or personal family or other circumstances of the natural person who carries out the Service on behalf of Flowings; traffic obstacles; vehicle breakdown; wars or war hazards; fire; strike; boycott; internet failure; power failure; computer intrusion; hacker attack; cyber attack; malfunction in e-mail traffic; government measures; changes in laws and regulations.
15.2 Flowings is not liable for any damage suffered by the Quotation Requester or the Passenger due to Flowings not being able to perform the Service in full or in a timely manner due to a force majeure situation.

Artikel 16 Customer service and complaints

16.1 For questions about the Request for Quotation, the Service or the submission of a complaint about the services of Flowings, the Quotation Requester can contact the customer service of Flowings. The customer service of Flowings can be reached via:
a. The email address: [email address];
b. By telephone: [telephone number];
c. Through the chat function on the Website.
16.2 Complaints submitted to Flowings will be handled as soon as possible.
16.3 Complaints about the Flight or the Aircraft Operator will be forwarded to the Aircraft Operator.
16.4 If Flowings decides to mediate in the event of a conflict and/or complaint handling between the Quotation Requester and the Aircraft Operator, this does not mean that Flowings can in any way be held responsible for the actions and/or omissions of the Aircraft Operator. Flowings is never obliged to mediate in the event of a conflict and/or complaint handling between the Quotation Requester and the Aircraft Operator.

Artikel 17 Personal Data

17.1 Flowings processes personal data in accordance with the General Data Protection Regulation (GDPR). For more information about the processing of personal data, the Quotation Requester can consult the privacy policy of Flowings, see [link to privacy policy on the website].
17.2 If the Quotation Requester has provided Flowings with special personal data, such as medical data, from a Passenger, the Quotation Requester guarantees that the Passenger has granted permission for Flowings to process these special personal data in order to process one or more special requests with regard to the Flight.

Artikel 18 Intellectual property rights

18.1 Any intellectual property rights relating to the Website shall rest with Flowings or its licensor.
18.2 The Quotation Requester must always respect the intellectual property rights of Flowings and its licensor.

Artikel 19 Applicable law and competent court

19.1 Dutch law applies to the Service and to the legal relationship between the Quotation Requester and Flowings.
19.2 All disputes between the Quotation Requester and Flowings will be settled by the competent court in the Netherlands, within whose jurisdiction the registered office of Flowings is located. The Quotation Requester who is a private individual has 1 month after Flowings has invoked this clause in writing against the Quotation Requester to choose the competent court according to the law for the settlement of the dispute.