General terms and conditions for usage of myIDgo

  • 1. General
    a) Lufthansa Industry Solutions BS GmbH, Am Messeplatz 1, 65479 Raunheim, Germany - hereinafter: LHIND - offers an app named "myIDgo" in the Apple App Store and the Google Play Store, which can be used on iOS and Android devices and contains a search engine and a price comparison for booking travel services, hereinafter: myIDgo. Users of suitable iOS or Android devices can view and use myIDgo after downloading it and creating a user account with successful authorization.

    b) myIDgo is provided exclusively for personal, individual use by users. Any form of automated access or reading of myIDgo is not permitted. The use of auxiliary programs that enable automated access and/or bypass any user interface masks of myIDgo is not permitted.

    c) The use of myIDgo is governed exclusively by the following General Terms and Conditions in the version valid at the time. Any deviating terms and conditions of the user will not be accepted unless LHIND expressly agrees to their validity.

    2. Usage of myIDgo
    a) The use of myIDgo as a search engine and price comparison for travel services is available to airline employees. LHIND does not charge any costs for the use of myIDgo.

    b) The price offers displayed on myIDgo are not offers by LHIND. LHIND merely compares the offers provided by third parties and displays them on myIDgo in accordance with the user's search specifications. The booking of the respective travel service takes place via reservations interfaces or on linked pages of the third-party providers.

    c) The prices displayed on the platform are either shown to the user in the national currency or in currency of the location of the item to be booked. The prices are converted at preset exchange rates. If the currency set differs from the exchange rates used on the third-party provider's site, this may result in conversion differences.

    d) Prices are typically shown per night (hotel) / per day (car). For booking periods exceeding one night, the average price per night in the selected period is displayed. All displayed prices include, if applicable, the statutory sales tax.

    3. Liability for defects
    a) LHIND is not the contract holder for the bookable travel services. The respective third-party provider is solely responsible for any defects.

    4. Liability
    a) The following applies to the use of myIDgo:

    aa) LHIND is not liable for the accuracy, quality, completeness, reliability or credibility of the content provided by Internet users and/or websites. This does not apply, however, if LHIND was aware or should have been aware of the incorrectness, incompleteness, lack of up-to-dateness or other erroneous information and LHIND failed to correct this intentionally or through gross negligence.

    ab) The content provided by our booking pages/Internet users/app users with reference to the respective travel service for publication on myIDgo and its verification is the sole responsibility of the booking pages/Internet users/app users. In particular, hyperlinks, advertising banners, information on types of accommodation, excursion destination or provider data and the like are provided to LHIND by our booking pages and the Internet/app users and do not constitute a recommendation or information by LHIND. Booking sites/Internet users/app users are required by LHIND to regularly check and update the content they post on the platform. As soon as LHIND becomes aware of inaccurate, incomplete, illegal and/or otherwise inappropriate content, such content will be corrected, deleted and/or blocked. The publication of user content and reports by LHIND does not constitute an expression of opinion by LHIND; in particular, LHIND does not adopt such content as its own. If LHIND becomes aware of inappropriate, unacceptable or illegal user content, it will be deleted and/or blocked.

    ac) The information on the booking sites is updated several times a day via automated processes. For technical reasons, however, it is not possible to update the prices and availabilities communicated to us by the booking pages in real time. Therefore, it cannot be ruled out that the price displayed on the booking pages may no longer correspond to the price indicated on the pages of LHIND in individual cases. LHIND assumes no liability for the accuracy of the information, in particular the prices and availability, unless the inaccuracy of the information is due to intentional or grossly negligent conduct on the part of LHIND.

    b) LHIND shall not be liable for technical malfunctions whose cause is not within LHIND's sphere of responsibility or for damage caused by force majeure. If necessary for technical or other reasons, LHIND may carry out technical work on myIDgo, which in individual cases may affect the uninterrupted availability of myIDgo. LHIND will endeavor to minimize any restrictions on the use of myIDgo and, to the extent possible, inform Internet/app users accordingly.

    5. Data protection, e-mail advertising
    a) The protection of personal data provided by Internet/app users is a top priority for LHIND. Please refer to our Data Protection page on how myIDgo ensures compliance with data protection.

    b) LHIND collects, processes and uses the personal data (hereinafter referred to as "data") of users only if they have given their consent to do so by creating a myIDgo account or if a legal provision permits the collection, processing or use of the data.

    c) LHIND collects, processes and uses only such data as is necessary for the provision of LHIND's services, the use and operation of the web pages/apps and/or services offered.

    d) Due to legal regulations (Section 7 (3) UWG), myIDgo is entitled to send the Internet/app user information on its own similar goods and services to the e-mail address given when booking, even without consent. The Internet/app user can object to the use of the e-mail address for this purpose at any time without incurring any costs charged by LHIND.

    6. Dispute resolution
    a) The EU Commission has provided a platform for online dispute resolution. This platform can be reached under the following link: http://ec.europa.eu/consumers/odr/

    b) LHIND is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

    7. Final provisions
    a) Contracts between LHIND and the user shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

    b) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and LHIND shall be the registered office of LHIND.

  • 1.1 General
    a) Lufthansa Industry Solutions BS GmbH, Am Messeplatz 1, 65479 Raunheim, Germany (here-inafter: “LHIND”, “we”, “us” or “our”) offers an app named "myIDgo" in the Apple App Store and the Google Play Store, which can be used on iOS and Android devices and contains a search engine and a price comparison for booking travel services (hereinafter: “myIDgo”). Users of suitable iOS or Android devices can view and use myIDgo after downloading it and creating a user account with successful authorization.

    b) myIDgo is provided exclusively for personal, individual use (hereafter “the Permitted Pur-pose””) by you, the user (hereafter “you” or “your”). Any form of automated access or reading of myIDgo is not permitted. The use of auxiliary programs that enable automated access and/or bypass any user interface masks of myIDgo is not permitted.

    c) The use of myIDgo is governed exclusively by the these General Terms & Conditions in the version valid at the time. Any

    d) By accessing or using myIDgo or any of the myIDgo services (hereafter “the Services”), you enter into a legally binding agreement which is enforceable against you in accordance with these General Terms & Conditions.

    E) BY YOUR CONDUCT IN USING OR ACCESSING MYIDGO, YOU REPRESENT AND WARRANT TO LHIND THAT (1) YOU ARE OVER THE AGE OF EIGHTEEN (18), (2) YOU HAVE THE LAWFUL RIGHT AND AUTHORITY UNDER APPLICABLE LAW TO MAKE AND ENTER INTO A LEGALLY BINDING AND ENFORCEABLE AGREE-MENT AND TO AGREE TO THESE GENERAL TERMS & CONDITIONS, (3) YOUR USE OF MYIDGO AND/OR ANY SERVICES WILL ALWAYS BE IN COMPLIANCE WITH ALL APPLICABLE LAWS AND ORDINANCES; AND (4) YOU KNOWINGLY AND IN-TENTIONALLY WAIVE ALL CLAIMS, DEFENSES AND ARGUMENTS BASED ON ANY ASSERTION THAT THESE GENERAL TERMS & CONDITIONS ARE NOT BIND-ING AND ENFORCEABLE AGAINST YOU FOR ANY REASON, AND FURTHER AGREE TO EXCUTE SUCH DOCUMENTS AS WE MAY REASONABLY REQUEST IN EVIDENCE OF THE FOREGOING.

    F) IF ANY OF THE REPRESENTATIONS OR WARRANTIES SET FORTH ABOVE ARE NOT TRUE, OR YOU DO NOT OTHERWISE AGREE TO BE BOUND BY THESE GEN-ERAL TERMS & CONDITIONS, THEN DO NOT USE MYIDGO; OTHERWISE, YOUR CONDUCT IN DOING SO WILL BE DEEMED FOR ALL PURPOSES TO IR-REBUTABLY EVIDENCE YOUR INTENT AND IRREVOCABLE AGREEMENT TO BE BOUND BY THESE GENERAL TERMS & CONDITIONS, WITHOUT ANY MODIFICA-TION WHATSOEVER.

    1.2 Usage of myIDgo
    a) The use of myIDgo as a search engine and price comparison for travel services is available to airline employees. LHIND does not charge any costs for the use of myIDgo.

    b) The price offers displayed on myIDgo are not offers by LHIND. LHIND merely compares the offers provided by third parties (hereafter “Third Party Provider”) and displays them on myIDgo in accordance with your search specifications. The booking of the respective travel service takes place via reservations interfaces or on linked pages of the third-party providers. When you make a booking using myIDgo or through any of the Services made available to you there, you are entering into a contract with the Third Party Provider offering the service, product or ameni-ty, and agreeing to pay all amounts when due and comply with the Third Party Provider’s rules and restrictions regarding availability, use of fares, products and services, subject to that Third Party Provider’s general terms of trade or business. We disclaim, and you shall and do hereby forever waive and release us from any and all liability on our part for the acts and/or omissions of any Third Party Providers. As such, please read their general terms carefully. LHIND and its Third Party Providers reserve the right to cancel your booking if full payment is not received when due.

    c) The prices displayed on the platform are either shown to you in the national currency or in cur-rency of the location of the item to be booked. The prices are converted at preset exchange rates. If the currency set differs from the exchange rates used on the third-party provider's site, this may result in conversion differences.

    d) Prices are typically shown per night (hotel) / per day (car). For booking periods exceeding one night, the average price per night in the selected period is displayed. All displayed prices include, if applicable, the statutory sales tax.

    e) If you have registered to use myIDgo, then you have already chosen or been assigned a username and password as part of the registration process. You should never allow anyone else to use your user name and password to access myIDgo or any Services. You are solely respon-sible for maintaining and protecting the confidentiality of your username and password, and for all activities, transactions and conduct on the part of anyone using your username and password on myIDgo, regardless of whether they did so with your knowledge, approval or consent. We re-serve the right to change, reclaim, restrict and/or suspend your username and password and/or your access to myIDgo and the Services at any time and for any reason, with or without prior notice, in our sole discretion but shall have no duty or obligation to do so for so long as your ac-count remains active.

    1.3 Modifications to the General Terms & Conditions
    LHIND reserves the right at its sole discretion to unilaterally modify and amend these General Terms & Conditions (hereinafter: “modified General Terms & Conditions”), in whole or in part, at any time without notice, by such means as it deems reasonable and appropriate, including with-out limitation, by posting the modified General Terms and Condition in myIDgo and noting the date upon which they were last revised, or by emailing a copy of or link to the modified General Terms & Conditions to you at the email address you use to log in to myIDgo. The modified Gen-eral Terms & Conditions will be legally binding on and enforceable against you immediately upon posting. Your use of myIDgo and/or purchase of any Services at any time following any such posting shall irrefutably evidence your intent and agreement to be bound by the modified Gen-eral Terms & Conditions, regardless of whether you had actual knowledge of such modified General Terms & Conditions at the time. As such, you should review the General Terms & Con-ditions in myIDgo from time to time and as often as you deem necessary or appropriate. If you do not agree to be bound by any such modified General Terms & Conditions, then you must immediately cease all use of myIDgo and the Services; otherwise, your conduct in continuing to use myIDgo will be deemed for all purposes to irrefutably evidence your intent and continuing agreement to be bound by the modified General Terms & Conditions, and any transactions you may make or enter into subsequent to the posting thereof will be subject to such modified Gen-eral Terms & Conditions.

    1.4 Limited License
    LHIND grants you a non-exclusive, personal, revocable, non-transferable, limited license (the “License”) to access myIDgo and use the Services for your personal, non-commercial use only to make legitimate reservations with Third Party Providers. As between you and LHIND, we ex-pressly reserve all intellectual property rights of any kind associated with myIDgo and the Ser-vices, save and except for the License referenced above.

    1.5 Covenants
    As a condition precedent to LHIND’s willingness to grant you the License referenced above, you covenant and agree that you will not:

    a) access or use myIDgo and/or the Services for any purpose other than the Permitted Purpose;

    b) reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit any content accessible via myIDgo and/or the Services, nor otherwise permit or allow any third party to do so us-ing your user name and password;

    c) impersonate anyone else when you use myIDgo or the Services;

    d) use, nor permit nor allow any third party to use (through the use of your user name and password or otherwise), myIDgo and/or the Services in any way which:

    d1) violates any applicable statute, regulation, ordinance or law of any kind;

    d2) interferes with or damages myIDgo, network or any of the Services provided by us or the Third Party Providers, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar malware, meth-ods or technology of any kind;

    d3) transmits material that infringes or violates the intellectual property or contractual rights of others or the privacy or publicity rights of others;

    d4) uses myIDgo and/or Services for any purpose other than the Permitted Purposes specified herein, unless otherwise affirmatively, clearly and unambiguously agreed by LHIND in writing;

    d5) transmits content that is unlawful, obscene, defamatory, predatory, threatening, har-assing, abusive, slanderous, or hateful to any person or entity as determined by LHIND in its sole discretion;

    d6) uses the Services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, the user or any other person or property;

    d7) collects information about us or any third parties, including without limitation, the names, e-mail addresses and other information of any kind relating to other users;

    d8) uses any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro pro-grams, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impres-sions or clicks, input information, store information, search, generate searches, or moni-tor the Services or any portion thereof, without the express, written consent of the LHIND;

    d9) takes any action with respect to the Services which we deem in our sole and absolute discretion, to be inappropriate, damaging, or not in the best interest of LHIND, myIDgo, the Services or LHIND’s clients and/or users; and/or

    d10) assists any other party in doing or engaging in any of the foregoing conduct.

    1.5.1 User Submissions
    To the extent that we allow you the ability to upload information or other content of any kind (col-lectively, “User Submissions”, or each, a “User Submission”) on to myIDgo and that subsequent-ly you do so, you represent and warrant that:

    a) you have all necessary right, power and authority to upload, reproduce and distribute the User Submission through myIDgo;

    b) the User Submission is true, accurate, timely and not misleading at the time you upload it;

    c) your uploading, reproduction and/or distribution of the User Submission will not constitute or encourage a criminal offence or violate the rights of any party or otherwise create lia-bility or violate any relevant local, national or international law;

    d) the User Submission complies with the restrictions set out in clause “1.5 Covenants” above;

    e) neither your provision of the User Submission nor any of the information contained there-in will violate any policy, duty or other obligation by which you may be bound or which you may otherwise owe to your employer or to any third party, at law or in equity, or any applicable law, statute or regulation; and

    f) our use of your User Submissions in the manner contemplated and for the Permitted Purpose will not breach the intellectual property rights or any other contractual or privacy rights of any third party.

    You hereby grant us a perpetual, royalty-free license to use any User Submissions uploaded by you for the purpose of hosting myIDgo and providing the Services, and to further use such anonymous data as we may derive from such User Submissions in the aggregate, for such sta-tistical and analytical purposes as we may deem reasonably appropriate.

    1.6 Liability for defects
    LHIND is not the contract holder for the bookable travel services. The respective third party pro-vider is solely responsible for any defects.

    1.7 Liability
    a) The following applies to the use of myIDgo:

    aa) LHIND is not liable for the accuracy, quality, completeness, reliability or credibility of the con-tent provided by Internet users and/or websites. This does not apply, however, if LHIND was aware or should have been aware of the incorrectness, incompleteness, lack of up-to-dateness or other erroneous information and LHIND failed to correct this intentionally or through gross negligence.

    bb) The content provided by our booking pages/Internet users/app users with reference to the respective travel service for publication on myIDgo and its verification is the sole responsibility of the booking pages/Internet users/app users. In particular, hyperlinks, advertising banners, infor-mation on types of accommodation, excursion destination or provider data and the like are pro-vided to LHIND by our booking pages and the Internet/app users and do not constitute a recom-mendation or information by LHIND. Booking sites/Internet users/app users are required by LHIND to regularly check and update the content they post on the platform. As soon as LHIND becomes aware of inaccurate, incomplete, illegal and/or otherwise inappropriate content, such content will be corrected, deleted and/or blocked. The publication of user content and reports by LHIND does not constitute an expression of opinion by LHIND; in particular, LHIND does not adopt such content as its own. If LHIND becomes aware of inappropriate, unacceptable or illegal user content, it will be deleted and/or blocked.

    cc) The information on the booking sites is updated several times a day via automated process-es. For technical reasons, however, it is not possible to update the prices and availabilities com-municated to us by the booking pages in real time. Therefore, it cannot be ruled out that the price displayed on the booking pages may no longer correspond to the price indicated on the pages of LHIND in individual cases. LHIND assumes no liability for the accuracy of the information, in particular the prices and availability, unless the inaccuracy of the information is due to intentional or grossly negligent conduct on the part of LHIND.

    b) LHIND shall not be liable for technical malfunctions whose cause is not within LHIND's sphere of responsibility or for damage caused by force majeure. If necessary for technical or other rea-sons, LHIND may carry out technical work on myIDgo, which in individual cases may affect the uninterrupted availability of myIDgo. LHIND will endeavor to minimize any restrictions on the use of myIDgo and, to the extent possible, inform Internet/app users accordingly.

    1.8 Data protection, e-mail advertising
    a) The protection of personal data (hereinafter: “Data”) provided by Internet/app users is a top priority for LHIND. Please refer to our Data Protection page on how myIDgo ensures compli-ance with data protection.

    b) LHIND collects, processes and uses the Data of users only if they have given their consent to do so by creating a myIDgo account or if a legal provision permits the collection, processing or use of the Data.

    c) LHIND collects, processes and uses only Data as is necessary for the provision of LHIND's services, the use and operation of the web pages/apps and/or services offered.

    d) Due to legal regulations (Section 7 (3) UWG), myIDgo is entitled to send the Internet/app user information on its own similar goods and services to the e-mail address given when booking, even without consent. The Internet/app user can object to the use of the e-mail address for this purpose at any time without incurring any costs charged by LHIND.

    1.9 Remedies
    If you breach any of your covenants, representations, warranties or any other terms or obliga-tions set forth in these General Terms & Conditions , LHIND will be entitled to all rights, recourse and remedies available to it under applicable law, including without limitation, (a) equitable relief enjoining you from engaging in further breach; and (b) damages which LHIND and any LHIND Affiliates may suffer or incur as a direct or indirect result or consequence of any such breach, including without limitation, lost profits and other consequential damages. For purposes of these General Terms & Conditions , “LHIND Affiliates” means any entity which controls, is controlled by or under common control with LHIND.

    1.10 Modification, Limitation and Discontinuance of the Service
    LHIND reserves the right to suspend or discontinue your access to myIDgo and the Services, and to limit your access to, modify, change or discontinue any aspect of the Services at any time, with or without cause and for any reason, with or without notice.

    In addition, LHIND and its Third Party Providers may cancel any travel or service reservations associated with your name, e-mail address or account, and close any associated accounts, if your account or bookings show any signs of fraud, abuse or suspicious activity. In any such event, you agree that LHIND will not be liable to you or to any third party for any damages or harm you may suffer or incur as a result of its conduct in doing so.

    1.11 Dispute resolution
    a) The EU Commission has provided a platform for online dispute resolution. This platform can be reached under the following link: http://ec.europa.eu/consumers/odr/

    b) LHIND is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

    c) If you have a problem, claim or dispute arising from or relating to myIDgo and/or any of the Services provided by or through myIDgo, or any products, services or amenities you may pur-chase from LHIND or any of its Third Party Providers in or through myIDgo, any dealings you may have with our customer support representatives or service agents, our Privacy Policy or any representations we have made (collectively, “Claims”), you agree to resolve any such Claims by contacting LHIND’s Customer Support Department under support@myidgo.com.

    1.12 Health
    Recommended inoculations for travel may change and you should consult your doctor for cur-rent recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medi-cation, and follow all medical advice in relation to your trip.

    1.13 Pricing and Other Information
    You acknowledge that some of the information published through myIDgo, including without limi-tation, User Submissions, may include errors or inaccuracies, including inaccurate pricing infor-mation, and that LHIND and its Third Party Providers do not guaranty the accuracy of such in-formation, and further disclaim all liability for inaccuracies relating to the information and descrip-tions of the hotels, cars and other services, products and amenities displayed on or through myIDgo (including without limitation, the pricing, photographs, lists of hotel amenities and general product descriptions).

    In addition, LHIND expressly reserves the right, on behalf of itself and its Third Party Providers, to correct any pricing errors and/or pending reservations made under an inaccurate price. In such event, LHIND or its Third Party Providers may offer you the right to keep your pending reservation at the correct price or to cancel your reservation without penalty.

    1.14 Additional provisions
    You acknowledge that some Third Party Providers may require you to (a) present them with a credit card upon check-in to cover additional fees or charges that you may incur, and that any such deposit is in addition to any payments you may make to such third party provider; and (b) sign their liability waiver as a condition to their willingness to provide you with any service, prod-uct or amenity they may offer.

    1.15 Third Party Providers & Limitation of Liability
    The Third Party Providers of travel services available in myIDgo are independent contractors and not agents of LHIND. As such, LHIND, its affiliates, and their respective officers, directors, eq-uity holders, employees, and representatives (collectively, “LHIND Representatives”) are not lia-ble in any way for any personal injuries, death, property damage or other damages or expenses, arising from or in connection with any errors or omissions, breaches of representations or warran-ties, or other acts on the part of any such Third Party Providers, or their employees, agents or rep-resentatives of any kind.

    MYIDGO AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILA-BLE" BASIS, WITH ALL FAULTS, AND WITHOUT REPRESENTATION OR WARRAN-TY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIM-ITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. LHIND MAKES NO REPRE-SENTATION OR WARRANTY THAT (A) MYIDGO, OR ANY PRODUCTS, SERVICES, OR AMENITIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR SUITABLE FOR YOUR INTENDED PURPOSE, (B) THE INFORMATION, USER SUBMISSIONS OR OTHER CONTENT PRESENTED ON OR THROUGH MYIDGO AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (C) ANY ERRORS IN MYIDGO OR SERVICES (OR ANY PORTION OR FEATURE THEREOF) WILL BE CORRECTED. YOU ASSUME COMPLETE RESPONSIBILITY FOR AND ALL RISKS ASSOCIATED WITH YOUR USE OF MYIDGO AND THE SERVICES, AND ANY OTH-ER APPLICATIONS, WEBSITES, PRODUCTS, SERVICES AND AMENITIES YOU MAY ACCESS THROUGH MYIDGO AND/OR THE SERVICES, AND ACKNOWLEDGE THAT NEITHER LHIND OR ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU, YOUR HEIRS, SUCCESSORS OR REPRESENTATIVES OF ANY KIND FOR ANY PRODUCTS, SERVICES OR AMENITIES PROVIDED BY ANY THIRD PARTIES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT LHIND HAS NOT MADE ANY REP-RESENTATIONS OR WARRANTIES OF ANY KIND REGARDING MYIDGO AND/OR THE SERVICES, WHICH ARE NOT OTHERWISE EXPRESSLY SET FORTH HEREIN IN WRITING. YOUR USE OF MYIDGO AND ANY PRODUCTS, SERVICES AND AMENI-TIES YOU MAY OBTAIN THROUGH YOUR USE OF MYIDGO AND/OR THE SER-VICES IS AT YOUR OWN RISK.

    IN NO EVENT SHOULD LHIND’S PUBLICATION OF HYPERLINKS TO THIRD PAR-TY WEBSITES ON MYIDGO BE CONSTRUED AS AN ENDORSEMENT OR RECOM-MENDATION BY LHIND OF THE THIRD PARTY WEBSITES OR ANY PRODUCTS OR SERVICES THAT MAY BE OFFERED THROUGH ANY SUCH WEBSITES. NOR SHALL LHIND OR ANY LHIND REPRESENTATIVES HAVE ANY LIABILITY FOR THE QUALITY, CONTENT, NATURE OR RELIABILITY OF ANY SUCH THIRD PARTY WEB SITES ACCESSIBLE BY LINKS FROM MYIDGO.

    1.16 LIMITATION OF LIABILITY
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    (i) NEITHER LHIND NOR THE LHIND REPRESENTATIVES WILL BE LIABLE FOR ANY DI-RECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUEN-TIAL OR EXEMPLARY DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSI-BILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE ANY ASPECT OF MYIDGO AND/OR THE SERVICES; (B) THE COST OF ANY GOODS, PRODUCTS, SERVICES AND/OR AMENITIES PURCHASED OR OBTAINED AS A RE-SULT OF THE USE OF MYIDGO AND/OR THE SERVICES; (C) DISCLOSURE OF, UNAU-THORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH MYIDGO AND/OR THE SERVICES; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICES, IN-CLUDING WITHOUT LIMITATION, OTHER USERS WHO PROVIDE USER SUBMISSIONS; (F) ANY OTHER MATTER RELATING TO MYIDGO AND/OR THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY LHIND OR OUR FAILURE TO PROVIDE OR TO CONTINUE PROVIDING MYIDGO AND/OR THE SERVICES, OR (H) ANY OTHER DEAL-INGS OR INTERACTIONS YOU HAVE WITH ANY THIRD PARTY PROVIDERS OR OTHER SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURIS-DICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THIS PARAGRAPH SHALL NOT AFFECT OUR RIGHTS UNDER SECTION “1.17 Indemnification” BELOW.

    (ii) If LHIND or any of the LHIND Representatives are ever found liable for any loss or damage arising from or in connection with the errors or omissions, breaches of representations or warran-ties or other acts on the part of any of the aforementioned, notwithstanding the foregoing limita-tion, then the combined, aggregate liability of LHIND and all such LHIND Representatives shall be limited to, and not exceed, the lesser of, the revenues earned by LHIND from the transactions which gave rise to such losses or damages, or EUR 100. This limitation of liability reflects an al-location of risk between the parties, and will survive and apply even if the remedy specified above is found to have failed its essential purpose.

    (iii) We have no liability to you for any use, misuse or loss of content by third parties, including without limitation, any User Submissions, and/or any act or omission of any user, third party pro-vider or any other third party

    (iv) There are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these General Terms & Conditions (including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement) and including in relation to the user interface, the availability of myIDgo or the Ser-vices. Any condition, warranty, representation or other term concerning the provision of myIDgo or the Services which might otherwise be implied into or incorporated in these General Terms & Conditions , or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.

    (v) You expressly understand and agree that we shall not be liable to you for: (a) any indirect, special, incidental or consequential loss or damage which may arise in respect of your use of our Services and/or myIDgo’s use or non-availability; (b) loss of profit, business revenue, goodwill and anticipated savings: (c) any trading or other losses which you may incur as a result of use of or reliance upon any content; (d) the deletion of, corruption of, or failure to store, any content; and other communications data maintained or transmitted by or through your use of myIDgo and/or the Services; or (e) any effect which use of myIDgo and/or the Services may have on any software you use.

    1.17 Indemnification
    In addition to any remedies provided for elsewhere in these General Terms & Conditions , you shall and do hereby further agree to indemnify, defend and hold LHIND and the LHIND Repre-sentatives (as defined in Section “1.15 Third Party Providers & Limitation of Liability” above) harmless from any and all awards, costs, damages, expenses (including attorneys’ fees), harm, fines, judgments, penalties and losses of any kind, including lost profits and consequential dam-ages, which may be suffered or incurred by any such LHIND Representatives as a direct or indi-rect result of (a) your breach of any of your covenants, representations, warranties or other obli-gations set forth in these General Terms & Conditions , (b) any User Submissions or other infor-mation you provide to LHIND or any of its other users, or that you otherwise submit, transmit or make available through myIDgo and/or Services; (c) your use of myIDgo and/or Services; or (d) your infringement upon or violation of the rights of any Third Party Providers, or the rights of any other third parties, including other users of myIDgo and/or Services. In such event, LHIND shall retain sole control of the defense of any such claims.

    1.17.1 Assignment
    You may not assign these General Terms & Conditions, the License or any other rights or privi-leges afforded you hereunder. Any purported assignment in violation of this section shall be voidable at the election of LHIND.

    LHIND shall have the right to assign and transfer their rights and obligations under these General Terms & Conditions to any Affiliate or legal successors, provided such a company is ultimately owned or controlled by Deutsche Lufthansa AG and agrees to be bound by all terms, provisions and conditions of this Agreement.

    1.18 Final provisions
    a) Contracts between LHIND and you shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

    b) If you a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between you and LHIND shall be the registered office of LHIND.