Gordian Travel International’s Terms & Conditions
1. Definitions and Interpretation
The following definitions and rules of interpretation in this clause apply in these Terms which form part of the legal agreement entered between GTI and the Client.
“Agreement” means the Service Agreement along with the schedules attached.
"GTI" means GORDIAN TRAVEL INTERNATIONAL LLC, a Delaware corporation with its principal office at 121 SPRING GARDNE STREET, MILFORD, NJ 08848 and/or its subsidiaries and/or its associated companies and/or its authorized agents.
“The Client” includes the legal organization and all staff authorized to use the Travel Services and may also be referred to as “the Customer”.
References to “you”, “your” etc., are references to the Customer, authorized representatives of the Customer or those for whom travel is requested by the Customer.
“Authorized Bookers” means any person authorized in writing by the Client to use the Arrangement Services or Travel Services.
"Arrangement Services" or “Services” means GTI's services in recommending, booking and/or otherwise arranging, negotiating, and reporting of the supply of Travel Services by Third Party Suppliers to The Client including without limitation the provision of Online Booking Services.
“Booking” is the booking that the Client places with GTI using the Service for the purchase of Travel Services.
“Booking Confirmation” is the document[s] GTI provide to the Client containing specific information relating to the services supplied or to be arranged to be supplied by GTI, and the relevant third-party provider, to The Client.
“Booking Contract” is the contract entered between the Client and the Provider in relation to a specific Booking that you have made using the Service.
“Business Day” is any day other than Saturday’s, Sunday’s, or Federal Public holidays.
“Commencement Date” is the date on which the Agreement between GTI and the Client begins.
“Confidential Information” means the terms of this Agreement and any information disclosed by the Client to GTI pursuant to this Agreement.
“Group Company”: in relation to the Client and GTI, any subsidiary or holding company of it and any subsidiary of any such holding company.
“Intellectual Property Rights”: all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trademarks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, and database rights.
“Online Booking Services” means, if applicable, any system provided by GTI to enable the Client to make online bookings for Travel Services
"Passenger" or “Traveler” means any Passenger in respect of whose travel GTI provides the Arrangement Services or organizes Travel Services on the instructions of the Client.
“Personal Data” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Individual or household.
“Portal” is the portal for the Client to book travel, accommodation, or other services to be provided to The Client by third-party providers, through such access point as GTI makes available from time to time.
“Provider” is a third-party principal supplier of travel, accommodation, or other services, who the Client can enter a contract for provision of such services by submitting a booking through GTI.
“Provider Terms” is the terms and conditions of the relevant Provider for the Travel Services, in respect of which The Client places a Booking.
“Service Fees” OR “Fees” means the fees charged by GTI for providing the Travel Services.
"Third Party Suppliers" means “Providers” and/or any third parties who supply any Travel Services to The Client. The identity of the relevant Third-Party Supplier for a Travel Service will be communicated to The Client by GTI.
“Travel Services:” the transport, accommodation or other services provided by third-party providers in respect of which The Client can submit bookings to GTI.
“Offline Bookings” means any travel arrangements made through a travel agent.
“Online Bookings” means any travel arrangements made by the traveler or travel arranger through an online booking tool.
“Online Plus” means any travel arrangement that is made by the traveler or travel arranger through GTIs online booking tool and reviewed by a GTI travel agent for commercial enhancement.
2. General
2.1 By making a booking you are entering into a legally binding contract with the relevant Third-Party Supplier. That contract is governed by, and you will be subject to, the terms and conditions of that Third Party Supplier (copies of which are available to you on request). For the avoidance of doubt, GTI is not a party to that contract and shall not be responsible for any default or failure in any supply or any defects in performance by any Third-Party Supplier, or for any loss, claim, cost, damage, or injury incurred by you (directly or indirectly) as a result thereof.
2.2 The Customer must ensure that the travelers are legal eligible to travel, with both Visa and Health documentation in order and that names of travelers are input as they appear on the individual’s passport. It is the responsibility of the Customer to ensure the accuracy of the data. GTI will not be liable for any change or amendment fees resulting from incorrect data.
2.3 Requests for special assistance, preferred meals, seating preferences and frequent flyer credit will be registered with the airline. Please note that this is on a request basis only. The airline may not offer the service on the selected flights or, for operational reasons, may not be able to fulfill the request.
2.4 These conditions shall be deemed to be incorporated into all contracts for Arrangement Services made by GTI with the Customer to the exclusion of all other terms and conditions and all work undertaken by GTI shall be deemed to be carried out on the terms of these conditions unless otherwise expressly agreed in writing by GTl.
2.5 No Passenger or any other third party will have any rights against GTI except as set forth hereunder.
2.6 You acknowledge that we may record telephone calls between you and GTI, for training and other internal management purposes.
2.7 Except as expressly stipulated in this Agreement, we exclude all conditions, warranties, terms, and obligations, whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law in respect of the Service.
3. Travel services
3.1 GTI will do the following:
I. make available to you such of the relevant Provider Terms as are available to us in respect of each Provider that will be providing Travel Services for that Booking (including standard airline booking terms).
II. provide to you any cancellation and amendment information that is available to us from the Provider in respect of that Booking.
3.2 In submitting any Booking to GTI, The Client acknowledges that a full copy of the relevant Provider Terms may not be available until Issue or afterwards, but that you agree to accept and comply with those Provider Terms as appropriate. We shall not have any Liability in respect of any Provider Terms, including any failure by you or the relevant Provider to comply with the relevant Provider Terms or to honor the terms of any Booking.
3.3 The Client will receive no representations or warranties from GTI in respect of the Travel Services.
3.4 The Client shall indemnify GTI against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties, and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with:
I. any breach, negligent performance or non-performance by you or the Users of any Provider Terms or the Travel Services, and this Agreement.
II. any amendment, cancellation, or failure by The Client to arrive at the appropriate place and time for receipt, of the Travel Services; and/or.
III. any loss or damage to any physical property belonging to any Provider caused by the acts or omissions of you or the Users.
3.5 The Client acknowledges that, in confirming a Booking, there is no guarantee of availability for the Travel Services in question. In the event of non-availability, whether before or after you have submitted your Booking GTI will try to find an alternative.
3.6 The Client acknowledges that we have no operational control over Travel Services, including cancellations and schedule changes, which may occur at short notice. It is the relevant Provider’s responsibility to advise us of any such changes, and we shall pass on such information to you promptly should we receive it, but we shall have no Liability for the actions or omissions of any Provider, or in respect of the performance, negligent performance, or failure in performance, of the Travel Services.
3.7 You acknowledge that any change you wish to make to any Booking, or any cancellation of any Booking you submit, following Issue, may be subject to:
I. a fee payable for each change, per ticket for who the change relates.
II. the discretion of the relevant Provider.
III. the relevant Provider Terms (which may apply time limits on changes or cancellations); and in all cases may be subject to additional fees charged by the relevant Provider; there is no guarantee that the Provider will be able to accommodate any such change.
3.8 You agree that any of your employees or workers accessing the Service on your behalf will be considered as having appropriate authorization to use the Service and submit Bookings to us.
4. Fees and payment for travel services
4.1 You agree to pay for the Bookings you submit using the Service.
4.2 You must pay us by the agreed method. No payment shall be considered paid until we have received it in cleared funds in full.
4.3 Payment must be in U.S. dollars ($) or such other currency as agreed.
4.4 From time-to-time GTI may (at GTI’s discretion) make payment to a Third-Party Supplier for Travel Services on behalf of a Customer using a proprietary credit card or other payment method. Additional fees equivalent to any additional Third-Party costs incurred by GTI may be applied for such a service with advance approval of Customer.
4.5 You must pay all amounts due under this Agreement in full without any set-off, counterclaim, deduction or withholding except as required by law. GTI may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
4.6 If you are late in paying any part of any monies due to us under this Agreement and such payment remains outstanding for seven days following us providing notice to you of such outstanding payment, we may (without prejudice to any other right or remedy available to us whether under this Agreement or by any statute, regulation, or byelaw) do any or all the following:
I. charge interest and other costs on the overdue amount due but unpaid at the annual rate of twelve percent (12%) per annum from time to time from the due date until payment (after as well as before judgment), such interest to run from day to day and to be compounded monthly.
II. recover our costs and expenses and charges (including legal and debt collection fees and costs) in collecting the late payment; and
III. suspend performance of this Agreement until payment in full has been made.
4.7 If the relevant Provider Terms require you to make any payments in accordance with a specific payment structure (such as up-front, or on a deposit basis), you acknowledge that we will not be able to Issue until you have complied with such Provider Terms. Such payments will only be refundable if permitted by the Provider Terms.
4.8 Indemnity - Where payment for Travel Services is made using a GTI credit card or other payment method the Customer agrees to indemnify GTI from any willful misuse of the card or payment details by any current or past employee, consultant, or agent of the Customer.
4.9 Variation in Fees - GTI reserves the right to increase the Charges on the provision to you of not less than three months’ written notice, to take effect at the end of the Term or at any time thereafter.
4.10 Exigent Circumstances - GTI reserves the right to request The Client to renegotiate fees agreed if there is a significant and abrupt change in the costs incurred by GTI in providing services because of changes in the industry or the general economic circumstances. The Client agrees to negotiate in good faith regarding any such changes that were unforeseeable at the time of the execution of this Agreement.
5. Refunds
5.1 Credits or refunds (if any) for Travel Services not used may only be issued upon the return of all the relevant documentation relating to the Travel Service concerned and are subject to the terms and conditions of the relevant Third-Party Supplier.
5.2 If any cancelation or refund requires the consent of or calculation by the relevant Third-Party Supplier, then the invoice issued shall remain due and payable in terms of Clauses 3 and 4 above and any sum refunded by the Third-Party Supplier shall only be credited to the Customer's account on receipt of same by GTI from the Third-Party Supplier.
5.3 All relevant documents required for a refund must be sent to GTI by email. It is the responsibility of the Customer to ensure that the documents are received by GTI.
6. Liability Limitation
6.1 In the event of a claim by the Client or by any Passenger in respect of the supply of the Arrangement Services or any other liability whatsoever for which GTI is responsible in law, GTI's liability in any event shall not exceed the total amount paid or payable by the Customer to GTI in fees paid by the Client during this Agreement.
6.2 Neither party shall incur any liability whatsoever to the other party or any Passenger in respect of any indirect, special, consequential, punitive, or other damages (howsoever incurred).
6.3 GTI shall not be liable to the Client or any Passenger for any default or failure in any supply by any Third-Party Supplier or for any loss, claim, cost, damage or injury incurred by the Client or any Passenger (directly or indirectly) as a result of the acts or omissions of the Third-Party Supplier.
6.4 GTI shall not be liable to the Client loss of, damage to, or corruption of, data.
6.5 The Client acknowledges and accepts that GTI only provides the Travel Service on the express condition that we will not be responsible for, nor shall we have any Liability directly or indirectly for any act or omission of you, or your employees, agents, or subcontractors, or any third party.
7. Waiver
7.1 No delay or failure to act under this Agreement shall constitute any waiver by either party of any provision of these Terms and Conditions.
8. Data protection
8.1 While providing Travel Services to the Client, GTI may collect and process personal data (including names, contact details, passport numbers, credit card details, travel preferences and dietary requirements) relating to the Client and/or the person for whom the Client is making travel arrangements in accordance with applicable laws to make bookings for Travel Services with Third Party Suppliers.
8.2 The Client acknowledges that to make a booking with Third Party Suppliers, GTI may transfer to, and store personal data both inside and outside the USA and the European Economic Area, and the Client consents to GTI transferring and storing personal data in this way and confirms receiving any required consents from the Traveler.
8.3 A copy of the personal data which GTI holds about the Client and any Travelers for who the Client is making travel arrangements can be requested by the Client or the Traveler (as applicable) at any time.
8.4 The Client acknowledges that GTI may transfer the Client’s data (including personal data) to Third Party Suppliers and that any use of such data by the Third-Party Suppliers will be in accordance with their terms and conditions and outside of GTI’s control.
8.5 The Client acknowledges that, in processing Bookings and sharing data with Providers, we may transfer and/or store Personal Data outside of the United States or the European Economic Area (or, if different, the UK), and you consent to us transferring and storing Personal Data in this way. Furthermore, that there is considerable international legislation on Data Protection, which is being frequently revised, consequently more extensive details are attached in an Annex to these Terms and that Annex may be varied without notice.
9. Confidentiality
9.1 Each party undertakes to the other to keep confidential all information (written, oral, or in electronic form) concerning the business, business systems, methodologies, and affairs of the other that it shall have obtained or received because of the provision of Arrangement Services or Travel Services (“Confidential Information”).
9.2 Notwithstanding the above, the parties may disclose Confidential Information to: i) their parent company or subsidiary and their officers, directors, employees, and professional advisers (including auditors), ii) where requested or required by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body or iii) with the prior written consent of the other party.
9.3 For the avoidance of doubt, Confidential Information excludes information that: i) is or becomes public knowledge other than as a direct or indirect result of any breach of this clause or ii) is known by a party before the date the information is disclosed by the other party or is lawfully obtained by a party after that date.
9.4 Neither Party shall use the other Party's confidential information for any purpose other than to perform its obligations under this Agreement.
9.5 The provisions of this Clause shall continue to apply after termination or expiry of this Agreement.
The following applies to access and the use of GTIs online booking tool, which requires a Service Agreement between The Client and GTI.
10. Online booking service and additional terms and conditions
If GTI is providing The Client with access to Online Booking Services, the following supplemental terms apply to the use of the Online Booking Services and any travel arrangements made using such services, in addition to the other provisions set out in these terms and conditions:
10.1 General
10.1.2 The Online Booking Services are provided by a Third Party and overseen by GTI.
10.1.3 By making a booking using the Online Booking Services, The Client is subject to conditions governed by a legally binding contract with the relevant Third-Party Supplier. That contract is governed by, and you will be subject to, the terms and conditions of that Third Party Supplier (copies of which are available to you on request). For the avoidance of doubt, GTI may not be a party to that contract and shall not be responsible for any default or failure in any supply or any defects in performance by any Third-Party Supplier, or for any loss, claim, cost, damage, or injury incurred by you (directly or indirectly) as a result thereof.
10.1.4 The Client must ensure that the names of travelers are input as they appear on the individual’s passport and all other documentation is in order. It is the responsibility of the Customer to ensure the accuracy of all the data. GTI will not be liable for any change or amendment fees resulting from incorrect data input.
10.1.5 GTI reserves the right to place restrictions on the destinations or ticket types that the Client can book using the Online Booking System.
10.1.6 Requests for special assistance, preferred meals, seating preferences and frequent flyer credit will be registered with the airline. Please note that this is on a request basis only. The airline may not offer the service on the selected flights or, for operational reasons, may not be able to fulfill the request.
10.1.7 The Client is responsible for procuring and maintaining its network connections and telecommunications links from its systems to the data centers hosting the Online Booking Services system.
10.1.8 While GTI will work to ensure the continued availability of the Online Booking Services GTI shall not be liable if for any reason the Online Booking Services are unavailable at any time or for any period.
10.1.9 Access to the Online Booking Services may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond GTI's control. Wherever possible The Client will be advised of planned outages.
10.1.10 The Client shall ensure that its employees, subcontractors, consultants, and agents take reasonable measures to prevent the Online Booking Services being used to:
I. transmit any files, data or other material that actually or potentially infringes the intellectual property rights of any person.
II. create a false identity or to otherwise attempt to mislead any person as to the identity, source, or origin of any communication.
III. interfere, disrupt, or attempt to gain unauthorized access to any computer system, server, network, or account for which it does not have authorization to access or at a level exceeding its authorization.
IV. disseminate or transmit any virus, Trojan horse or other malicious, harmful, or disabling data, work, code, or program.
10.1.11 The Client shall not:
I. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form or distribute all or any portion of the software used in the Online Booking Tool.
II. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Online Booking Services available to any third party except the Authorized Users; or
III. Use the Online Booking Services to provide services to third parties.
10.2 Booking made using online booking services
10.2.1 The Client is responsible for ensuring that all information which it submits using the Online Booking Services is accurate and complete in all respects. It is the Customer’s responsibility to confirm all information regarding its bookings is correct before submitting a booking.
10.2.2 All bookings submitted and confirmed through the Online Book Service system are chargeable to the Customer.
10.2.3 GTI does not warrant that the Clients’ use of the Online Booking Services will be uninterrupted or error-free; or that the Travel Services and/or the information obtained by the Client through the Online Booking Services will meet the Client's requirements
10.2.4 All airline and rail bookings using the Online Booking Services are ticketed and charged immediately upon user submission.
10.3 Authorized bookers
10.3.1 Only the Client and its Authorized Bookers are permitted to use the Online Booking System.
10.3.2 The Client will be obligated to pay any booking fees or cancellation charges incurred because of a booking being made using the Online Booking Services by someone who is not an Authorized Booker if the Client has failed to notify GTI in writing of the change of status or if the Client has failed to keep its log ins and passwords secure.
10.3.3 The Client is responsible for ensuring that its Authorized Bookers use the Online Booking Services in accordance with these terms and conditions of this Agreement and shall be responsible for any Authorized Booker’s breach of such terms.
10.4 Third Party suppliers
Where the Online Booking Services provide links to websites, products, or services of Third-Party Suppliers:
I. The Client shall be responsible for complying with the Third-Party Supplier’s terms and conditions including fare restrictions and applicable change and cancellation policies.
II. GTI is not responsible for the content of the Third-Party Supplier’s website, or the accuracy of any information contained on such website including but not limited to fares and availability.
III. The Client’s use of a Third-Party Supplier’s website is subject to any applicable terms and conditions of use and privacy policies on such site
IV. GTI makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Supplier’s website, or any transactions completed, and any contract entered by the Client, with any such Third-Party Supplier. Any booking for Travel Services or other contract entered or completed via the Online Booking Services with a Third-Party Supplier is between the Customer and the relevant Third-Party Supplier, and not GTI.
10.5 Security
Reasonable steps have been taken by GTI and Third-Party Suppliers to put in place security measures consistent with industry standards to protect any data which is provided by the Client in relation to the Online Booking Services. Where possible, personal information entered is encoded before it is sent to us, protecting it as it is transferred over the Internet. However, the Client accepts that the transmission of information via the internet is not completely secure and while GTI will make commercially reasonable efforts consistent with industry standards to ensure that any information entered the Online Booking Services is secure, it does not guarantee the security of the data transmitted to or from these Services.
10.5.1 GTI is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Online Booking Services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.
10.5.2 GTI is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Online Booking Services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.
10.6 DATA PROTECTION LEGISLATION
The Parties acknowledge that there may be instances where Data Protection Legislation applies and both Parties are Data Controllers of Personal Data. GTI and The Client are a Business and/or Third Party as such terms are defined in California Consumer Privacy Act of 2018 [“CCPA’] to the extent this legislation is applicable; and
i. To the extent UK or EU Data Protection Legislation applies, The Client is the Data Controller and GTI is the Data Processor of any Personal Data and to the extent CCPA applies, The Client is the Business and GTI is the Service Provider.
ii. To the extent that we and you are Data Controllers or Business/Third Party, we shall each comply with Data Protection Laws as a Data Controller or Business/Third party the remainder of this clause shall apply.
10.6.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This is in addition to, and does not relieve, remove, or replace, a party's obligations or rights under the Data Protection Legislation.
10.6.2 The Client will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to us for the duration and purposes of the Agreement.
10.6.3 GTI shall, in relation to any Personal Data processed in connection with the performance by us of our obligations under this Agreement:
I. process that Personal Data only on the documented written instructions of The Client unless we are required by Applicable Laws to otherwise process that Personal Data. Where we are relying on the laws of a member of the European Union or European Union Law as the basis for processing Personal Data, we shall promptly notify The Client of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying you.
II. not retain, use, or disclose Personal Data for any purpose other than to provide the Service under the Agreement nor retain, use, or disclose Personal Data for a commercial purpose other than providing the Service.
III. notwithstanding the foregoing, we may use, disclose, or retain Personal Data to: (i) detect data security incident or to protect against fraudulent or illegal activity; (ii) to comply with applicable laws; (iii) to defend legal claims or comply with a law enforcement investigation; or (iv) to build or improve the quality of our services provided that the use does not include building or modifying profiles to use in providing services to another business or correcting or augmenting information obtained from another source.
IV. we certify that we shall comply with the restrictions outlined in this Section to deidentify Personal Data in accordance with Data Protection Legislation to use such Personal Data for our own purposes. For deidentified information, we will: (i) not attempt to or actually re-identify any previously Deidentified information, (ii) implement and maintain technical safeguards that prohibit re-identification of the Deidentified information, and (iii) implement and maintain business processes that specifically prohibit re-identification of the Deidentified information and prevent inadvertent release of the information ensure that we have in place appropriate technical and organizational measures, to protect against unauthorized or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorized or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
V. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
VI. assist The Client in responding to any request from an Individual (e.g., access, deletion) and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators.
VII. notify The Client without undue delay on becoming aware of a Personal Data breach. For purposes of this Agreement a Personal Data breach is the actual breach of security leading to the accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure of, acquisition of, or access to Personal Data.
VIII. on written direction, delete or return Personal Data and copies thereof to you on termination of the Agreement unless required by Applicable Law to store the Personal Data or if such Personal Data resides in backup archive; and
IX. maintain complete and accurate records and information to demonstrate our compliance with this Appendix and immediately inform The Client if, in our opinion, an instruction infringes the Data Protection Legislation.
10.6.4 The Client consents to GTI appointing sub-processors in the provision of the Service to you. We confirm that we have entered or (as the case may be) will enter with the third-party sub-processor into a written agreement incorporating terms which are substantially like those set out in this Appendix and which we confirm reflect and will continue to reflect the requirements of the Data Protection Legislation.
10.6.5 The Client accepts that the Provider and any other third party used by The Client in relation to the provision of Travel Services is an independent data controller / Third Party in relation to your Personal Data and is not a Sub-Processor / Service Provider of ours. As such, GTI are not liable for the acts, omissions, or failures of the Provider or any other third party used by you in relation to the provision of Travel Services. Except as noted below GTI shall not transfer, or otherwise directly or indirectly disclose, any Personal Data to countries outside the European Economic Area (EEA) without The Client’s prior written consent except where we are required to transfer the Personal Data by the laws of the member states of the EU or EU law (and shall inform you of that legal requirement before the transfer, unless those laws prevent us doing so).
10.6.6 GTI shall be permitted to transfer the Personal Data to countries outside of the EEA to the extent that any one or more of the following applies:
I. We have in place with the non-EEA Sub-Processor the EU model contractual clauses as set out in Decision 2010/87/EU or any alternative version of those clauses issued by the European Commission or a supervisory authority from time to time.
II. the transfer is to a non-EEA country that is deemed to have an adequate level of protection from time to time by the European Commission or such other supervisory authority.
III. to the extent that the transfer is to a Group Company located outside of the EEA, our Group has in place Binding Corporate Rules for the transfer of Personal Data to a non-EEA Group Company.
IV. to the extent that the transfer is to an entity located in the United States, such entity participates in the EU-US Privacy Shield or such other mechanism that may replace or supersede it from time to time.
V. Where Personal Data is transferred outside the EEA due to a Booking made by The Client for Travel Services in a location outside the EEA, where we are not able to put into place any of the safeguards stipulated or they are otherwise inappropriate in the circumstances, we shall rely on the derogation under Article 49 of the GDPR to legalize the transfer of data outside the EEA, on the basis the transfer relates to the performance of a contract for the benefit of the Individual.
10.6.7 Each Party agrees to indemnify, and keep indemnified and defend at its own expense, the other Party, against all costs, claims, damages, or expenses incurred by the other Party or for which the other Party may become liable, due to any failure by the first Party or its employees or agents to comply with this Clause.
10.6.8 For the purposes of this Agreement, the following applies to Processing:
What Personal Data is being Processed?
· User email address
· Name as it appears on their passport
· Position / Job Title
· Date of birth
· Telephone numbers – landline and mobile
· Email address
· Nationality
· Passport number and details
· Any unexpired visas held
· Emergency contact numbers
· Other information required by you (in cases where you require us to provide additional MI)
Why is the Personal Data being Processed?
We process personal information for travellers that are the subject of a Booking, and the person(s) placing the Booking with us, to enable us to provide the Booking Services to you.
This includes:
- Transportation booking and booking management services including flights, rail, ferries and other
- Booking accommodation and accommodation booking management including hotels, serviced apartments and other
- Risk management and duty of care
- Visa application assistance and processing
- Management information processing on behalf of the Client
- Other
We process the data manually and automatically. The processing includes actions such as collection, recording, organization, storage, alteration (on your request only), retrieval, restriction, erasure, or destruction. Data is only processed by limited number of staff. We only process data on behalf of you and under your instruction, or due to other regulations requiring us to do so.
For how long the Personal Data will be Processed?
For the duration of this Agreement unless required otherwise by applicable law.