Compensaid Terms and Conditions

Valid from November 4, 2020


§ 1 Applicability


1. General

Compensaid (www.compensaid.com) is a service of Lufthansa Innovation Hub GmbH, Rosenthaler Straße 32, 10178 Berlin, Germany. At www.compensaid.com passengers of all airlines can calculate their flight’s carbon emissions. Compensaid uses a formula to determine the CO2 values of individual air passengers (hereafter referred to as “users”) have the possibility to create an account. With this account, users can get a holistic overview of their air travel activity. In their account, users can find statistics on their flights (e.g. weight of CO2 produced, kerosene consumed, number of flights). Compensaid aims to make tomorrow's travel more sustainable. Therefore, users are given the opportunity to finance projects associated with a reduction of CO2 emissions, such as planting trees or purchasing sustainable aviation fuel (also known as SAF = Sustainable Aviation Fuel or Biokerosene). The amount of saved or compensated CO2 is then displayed in the user account area, so that users can see whether their carbon footprint is negative, neutral or positive. The following conditions apply exclusively to the services described above. However, the general terms and conditions of the respective providers/airlines for carriage also apply, as do the terms and conditions of the Miles & More program when redeeming miles.


2. Neutrality

The services offered by Compensaid are provider-independent, i.e. not limited to flights of the Lufthansa Group.


3. Cancellation / Cancellation of Flights

Please note that in case of cancellation, rebooking or cancellation of a flight that has already been compensated, no compensation refund can be made.


4. Contrary Regulations

Unless otherwise provided in these terms and conditions, they shall take precedence over other provisions between Compensaid and the user governing the same subject matter. This also applies if the terms and conditions of the user have not been explicitly contradicted and/or Compensaid provides its services without contradiction.


5. Interpretation criteria and language

The headings of the paragraphs and sub-items have no legal meaning, they serve exclusively for clarity. In the event of ambiguity or discrepancy between several contract languages, the German language version shall be definitive.



§ 2 System requirements; costs


1. Internet access

The user needs Internet access to use Compensaid and must register with a name and e-mail address on the page www.compensaid.com.


2. Costs of using the service

The use of individual services, in particular the performance of CO2 compensation, can cause costs to be borne exclusively by the user. Service description, costs and information for payment can be taken from the user in the context of the respective offers on www.compensaid.com.



§ 3 Obligation of the user to cooperate


1. Duty of truth

The user is obliged to provide complete and truthful information about themself and the flights concerned, both during registration and when using the service.


2. Change of data

The user must inform Compensaid immediately in writing of any changes to the data they have provided. Until the user notifies Compensaid in writing of any changes to the data provided when accessing Compensaid, the user's data shall be deemed correct and complete by Compensaid.


3. Improper use of the service, liability

The user must report any misuse of the Compensaid service if they detect such an abuse regarding their account or beyond. If the user detects any other misuse that is not related to their account, they can report it. The user can contact [email protected] for this purpose. If the user neglects to report the misuse in connection with their account in knowledge or ignores the misuse through gross negligence, the user shall be liable to Compensaid for any resulting damages. This shall not affect the liability of the user or their representative for misuse of the service. The user is responsible for the correctness and completeness of the data they have entered. Compensaid will not perform a check.



§ 4 Warranty


1. Technical availability of the service

The user is aware that unrestricted availability of the Compensaid service from Compensaid is not technically feasible. Compensaid accepts no liability in this respect. Compensaid endeavours to keep the Compensaid service available as constantly as possible. This includes, in particular, maintenance, security, or capacity work on the website, which Compensaid only carries out when required and during periods of low usage. This also includes events beyond Compensaid’s control, in particular disruptions of public communications networks and power failures, which inevitably lead to short-term disruptions or temporary suspension of the service.


2. Third party services

Compensaid does not assume any liability for services provided by third parties.



§ 5 Liability


1. Disclaimer

The liability of Compensaid for damages to the user arising from the contract is excluded insofar as the damage is based on slight negligence. This does not apply if an obligation has been violated, which the contract must grant according to its meaning and purpose or the fulfilment of which is essential for the proper execution of the contract and on the compliance of which the user may regularly rely. Insofar as Compensaid’s liability cannot be excluded by law or contract, the claim for damages shall be limited to the foreseeable damage typical of the contract (value of the service determined). The limitations of liability shall not apply in the event of injury to life, limb or health, in the event of gross negligence or intent on the part of Compensaid employees, vicarious agents or legal representatives, or in the event of statutory strict liability or guarantees assumed. Compensaid shall not be liable for the correctness of the information made available by third parties and the information given in brochures regarding the emissions caused and the emission reductions achieved and other project information. Compensaid is also not liable for the occurrence of a concrete reduction in verifiable greenhouse gas emissions.


2. Further claims

Liability under the Product Liability Act remains unaffected.



§ 6 Customer Service

The user may contact Compensaid customer service at any time, subject to availability: Compensaid c/o Lufthansa Innovation Hub GmbH, Rosenthaler Str. 32, 10178 Berlin, Germany, E-mail: [email protected]



§ 7 Change in Compensaid conditions

Compensaid may change these Terms of Use at any time with reasonable notice. Compensaid only has this right if the change is reasonable for the user, considering the interests of both parties. Compensaid shall notify the user of the changes in writing no later than 6 weeks before they take effect. If the user does not agree with the changes, they may object to them. Compensaid shall inform the user in the notification of change both of their right to reject and of the fact that the change shall be deemed approved if they do not reject in text form within a period of 1 month from receipt of the notification of change.



§ 8 Data protection

The user's personal data associated with the use are processed by Compensaid to carry out the services of Compensaid. Further information can be found in Compensaid’s privacy policy.



§ 9 Revocation policy

Revocation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without stating reasons. The revocation period is fourteen days from the date of conclusion of the contract.

To exercise your right of revocation, you must inform us

Lufthansa Innovation Hub
Compensaid
Rosenthalerstr. 32
10718 Berlin
Germany
E-mail: [email protected]

by means of a clear declaration (e.g. a letter sent by post, fax, or e-mail) of your decision to revoke this contract. You may use the attached sample revocation form, which is not mandatory.

To comply with the revocation period, it is sufficient to send the notification to exercise the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this agreement, we shall reimburse you for all payments we have received from you without delay and at the latest within fourteen days from the day on which we receive notification of your revocation of this agreement.

For this refund, we will use the same means of payment that you used for the original transaction, unless explicitly agreed otherwise with you; in no event will you be charged for this refund.

If you have requested that the services be commenced during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation with respect to this agreement compared to the total scope of the services provided for in the agreement.



§ 10 Sample revocation form

Sample revocation form

(If you want to cancel the contract, please fill out this form and send it back.)

– To:

Lufthansa Innovation Hub
Compensaid
Rosenthalerstr. 32
10718 Berlin
Germany
E-mail: [email protected]

– I/We (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)

– Ordered on

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only in the case of written communication)

– Date

(*) Delete as applicable

§ 11 Final provisions

1. Applicable Law

These Terms of Use and all legal relations between the user and Compensaid shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and International Private Law. In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, if it is a matter of mandatory consumer law provisions.

2. Severability clause

Should individual provisions of these terms and conditions be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.