Art. 1. Scope of Application and Services of Mission Control
Lufthansa Innovation Hub GmbH, Rosenthaler Strasse 32, 10178 Berlin, Germany, Website: http://lh-innovationhub.com, E-Mail: firstname.lastname@example.org (“Mission Control”), offers the user (“User”) support services for travel-related issues (“Services”). Mission Control presents the User offers (“Offers”) from third-party vendors (“Vendors”) and answers travel-related User requests (see § 3). Mission Control neither operates trips as defined by §§ 651a ff. BGB (German Civil Code) or air transport contracts, nor does Mission Control render the other Services it arranges. In the event a User’s reservation is booked with a travel agent or travel services company, the contract exists solely between the User and the respective travel agent or travel services company. Therefore, the following conditions apply exclusively to the Services rendered by Mission Control itself. These are (in particular) searching, booking, changing reservations, as well as solving problems before, during and after the trip. Regardless, the general business terms and conditions of each respective provider still apply.
Die von Mission Control angebotenen Dienstleistungen sind anbieterunabhängig, d.h. nicht auf Angebote von der Lufthansa oder ihren Schwestergesellschaften beschränkt.
Soweit in diesen Bedingungen nichts anderes bestimmt ist, haben sie Vorrang vor anderen Regelungen von Mission Control und der Nutzer, die den gleichen Gegenstand regeln. Die Geltung von Vertrags- oder Geschäftsbedingungen des Nutzers wird in diesem Rahmen ausdrücklich ausgeschlossen. Dies gilt auch dann, wenn den Bedingungen des Nutzers nicht ausdrücklich widersprochen wurde bzw. Mission Control seine Leistungen widerspruchslos erbringt.
Die Überschriften der Paragraphen haben keine rechtliche Bedeutung, sie dienen ausschließlich der Übersichtlichkeit. Bei Unklarheit oder Kollision mehrerer Vertragssprachen entscheidet die deutsche Sprache.
Art. 2. Usage Information
The User needs a smartphone with SMS capability and Internet access, an e-mail address or a Facebook Messenger account to use the Service. A complete registration must take place by submitting an e-mail address on the page www.hellomissioncontrol.com.
No additional costs are incurred by submitting the request. In submitting the request via SMS, telecommunications costs may be incurred with the User’s wireless service provider. The User is responsible for any such telecommunications costs incurred.
Art. 3. Entering into the Contract by Utilizing a Mission Control Service Subject to Fees
The contractual Service provided by Mission Control is answering User requests, as well as presenting the User with Offers from Vendors. Moreover, Mission Control also strives to resolve any travel-related request on behalf of the customer, be it a request for information, or problems that it resolves in a Vendor-neutral way.
If the User chooses an Offer presented by Mission Control, he has the opportunity to make a binding agreement. With his binding agreement, he instructs Mission Control to accept the Offer from the Vendor in his name.
If the User chooses an Offer, Mission Control informs the User of the total amount to be paid. This amount includes the costs for the User-selected Offers from the Vendor.
The cost-relevant use of Mission Control can take place in two ways, which must be chosen by the customer: With the first option, Mission Control is used after purchasing a paid monthly subscription. The subscription models offered by Mission Control differ in scope of Services offered and price. The relevant Service descriptions and prices at the time of contract entry apply. The costs of the subscription are incurred in addition to any costs stated in this section for Mission Control Services arranged at the request of the customer (e.g. costs for a plane ticket booked through Mission Control). The second option brings promotion-related Services into consideration: Here, the User pays at the respective ordering and usage of Mission Control Services. The User takes the price for this from the respective price list. The payment is due at the time Services are used.
The proper performance or implementation of the arranged Service is not, as such, a contractual obligation of Mission Control, but rather rests solely with the Vendor. Mission Control assumes no liability relating to the contract between the User and the external Vendor.
A reservation with a Vendor through Mission Control only takes place only after Mission Control receives payment. The payment is to be made immediately after the User makes a binding agreement.
After the successful transmission of the payment information to Mission Control, Mission Control sends the User all booking information via e-mail. In addition, Mission Control informs the User via SMS about the conclusion of booking. Mission Control assumes no liability for correctness and completeness that lies within the sphere of the external Vendor.
If the payment information entered by the User is incorrect or if the User does not provide said information, Mission Control does not carry out the Service. This can have the consequence that it is no longer available at a later point in time or can only be offered at a different price. The prices and Services offered are not under the liability of Mission Control, if the User does not fulfill his own obligations.
Art. 4. User Obligations
The User is obliged to provide complete and accurate personal information both during registration, as well as in the context of the actual use of Mission Control Services.
Any changes to the information given by the User in line with § 4 No. 1 of these Terms and Conditions of Use must be disclosed immediately to Mission Control in writing. Pending the change to the information given, the User’s personal information provided in accordance with § 4 No. 1 of these Terms and Conditions of Use is considered by Mission Control to be correct and complete. The change of information is carried out as soon as possible, a lead time of up to three days is required, according to Mission Control’s workload.
The User is asked to give notification of any improper use of Mission Control Services, if the User detects such. To that end, the User can contact email@example.com. If the User does not give notification of his suspicions of improper use of his own information, Mission Control assumes no liability for this.
Art. 5. Warranty
The User is aware that Mission Control Services have no unlimited availability, because this is technically not feasible. Mission Control provides no guarantee in this matter. However, Mission Control endeavors to make Mission Control Services available as consistently as possible, at least 90% of the time. In particular, maintenance, security, or capacity work on the website, as well as events which do not lie within Mission Control's sphere of influence (for instance, disruptions in public communication networks, power outages, etc.) can lead to brief malfunctions or temporary interruptions of Services. Mission Control only performs maintenance, security, or capacity work on the website when necessary and during periods of lowest possible usage.
Mission Control does not guarantee that the Services of third parties, particularly network Services or other third-party deployments will always be uninterrupted, error-free, and securely available.
Art. 6. Liability
With regard to the individual data and conditions of the arranged services, Mission Control depends on receiving information from each respective Vendor. In this regard, Mission Control has no way to verify this information for accuracy, completeness, and currentness. Therefore, Mission Control makes no guarantee or warranty regarding the accuracy, completeness or currentness of the information in terms of the third-party information on hand.
Mission Control is excluded from liability for damages to the User from the intermediary contract, to the extent that the damage stems from slight negligence. This does not apply if an obligation was breached, which the contract by its very nature and purpose is meant to fulfill or whose fulfillment makes the proper execution of the contract possible and the observance of which is regularly relied upon. Where Mission Control is liable, the claim for damages is limited to foreseeable damage typical of the contract (the calculated value).
The limitations of liability do not apply in the event of injury to life, limb, or health, in cases of gross negligence or intent on the part of employees, agents, or legal representatives of Mission Control as well as legally provided strict liability or accepted guarantees.
The liability according to the product liability law remains unaffected.
Art. 7. Data Protection Agreement and Newsletter
The User consents to the following collection, processing and use of data: Mission Control will only use the information provided about the User (especially name, phone number, e-mail address, transactions made with Mission Control, as well as other information communicated to Mission Control by the User) in connection with the use of Mission Control Services solely for (i) performance of Mission Control Services, (ii) creation of a User profile, in order to perform Mission Control Services in line with the User’s interests, (iv) communicating important information, whereby the information is solely related to Services, as well as (iv) forwarding to Vendors solely for the fulfillment of contractual obligations of Mission Control. This consent may be revoked at any time by sending written notification to Mission Control at the location provided in § 1; in this case, the stored User data will be deleted, unless such data must or should be retained due to other legal reasons; Mission Control Services can no longer be used in such a case. If the User utilizes the Mission Control service for another person (for example, a colleague), the following applies: The User affirms that he is authorized to transfer of personal data to Mission Control for the purpose of using Mission Control Services as a result of the corresponding consent of the person concerned, and that this consent also authorizes Mission Control to send the personal data to third parties (e.g., travel agents, airlines) in order to provide Mission Control Services.
Art. 8. Contact Information
The User can reach Mission Control customer service at any time at: Lufthansa Innovation Hub GmbH, Rosenthaler Strasse 32, 10178 Berlin, Germany, e-Mail: firstname.lastname@example.org, SMS: +49 157 359 839 14.
Art. 9. Change to Mission Control’s Terms and Conditions
Mission Control is authorized to change these Terms and Conditions of Use with a reasonable period of advance notice. Mission Control only has this right only if, in the light of the interests of Mission Control, such changes are not unreasonable to the User. Mission Control informs the User of changes in writing 6 weeks before the effective date at the latest. If the User does not agree with the changes, he can object to them. Mission Control points out to the User in the Notice of Change, both his right to object, as well as the fact that the changes will be considered approved if he does not object in written form within a period of 1 month from receipt of the Notice of Change.
Art. 10. Final Provisions
For these Terms and Conditions of Use and all legal relations between the User and Mission Control, German law applies with the exclusion of the UN Sales Convention and private international law. In business transactions with consumers within the European Union, the law of the place of residence of the consumer may also be applicable, provided that it concerns obligatory customer rights provisions.
As of: March 2016