Terms and Conditions of refundrebel on SAP Concur

State: 7. July 2021

1. General

The following User Agreement (the „Agreement“) governs the use of the refundrebel service (the „Service“). The Service is integrated to identify train bookings that have been created through Concur and assert compensation claims on business travels in congruence with Regulation (EC) No 1371/2007 of the European Parliament and the Council from 23 October 2007 on rail passengers‘ rights and obligations for you and/or the company at which you are an employee (“your company”). Please read the terms and conditions contained in this Agreement carefully.

Your use of and/or registration with the Service constitutes your ongoing acceptance of this Agreement. refundrebel can change these Terms and Conditions, as far as this is necessary to adapt to developments that were not foreseeable at the time of the conclusion of the contract and which refundrebel did not cause or cannot influence and whose non-consideration would disturb the balance of the contractual relationship to a significant degree and as far as essential regulations of the contractual relationship are not affected by this. Essential regulations are those concerning the type and scope of the contractually agreed services and the terms.

Further, these Terms and Conditions may be adjusted as far as it is necessary to eliminate difficulties in the execution of the contract due to regulatory gaps that have arisen after the conclusion of the contract. This may be the case if there is a change in jurisdiction regarding the validity of provisions of these terms and conditions or if the law renders one or more provisions of these terms and conditions invalid or if a change in the law results in the invalidity of one or more provisions of these terms and conditions.

Such changes are effective immediately upon the release of a new or updated version of this Agreement unless a later effective date is indicated in this Agreement or at the top of this revised Agreement. Any other changes are only effective if you or your company was informed at least 4 weeks before the release of the change.

You agree that when refundrebel informs you about any changes it is your responsibility to review them immediately. Any use of the Service will constitute a renewed acceptance of the updated Agreement. refundrebel will indicate the date, on which this Agreement was last updated, at the top of this Agreement.

We do not accept any divergent general terms and conditions of you or your company. Deviations from this agreement may only result out of a written agreement between refundrebel and you or your company.

You can find out how we handle your data in our Concur privacy policy.

2. License

Subject to your approval and compliance with these Terms, refundrebel grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your purposes or the purposes of your company, and no other purpose whatsoever. You acknowledge that your license to use the Service is limited by these Terms. Should you fail to comply with this Agreement or any other terms and/or conditions that are posted anywhere within the Service, your account may be suspended and/or your access to the Service may be terminated. Such suspension or termination will be made effective without notice and does not remove refundrebel´s access to govern non-compliance with this Agreement through other remedies.

3. Description of the Service

When integrated with your Concur account, refundrebel will be able to access any data as described in the Concur Processor Privacy Statement, Company Authorization to Link Services, as well as these App Licensing Terms and Conditions. refundrebel will check all train bookings which have been placed by you or any users that hold a sub-account that is linked to your Concur account (collectively ‘your Concur Users’) for eligibility for compensation or reimbursement under Regulation (EC) No 1371/2007 (hereafter referred to as “claim”).

After checking all existing claims, there are two possible “workflows” of the Service that depend on what your company has agreed on together with its travelling employers and with refundrebel. The two workflows can be described as follows:

- B2C: traveller receives the refund
  For any booking, in which refundrebel has assessed that the user is eligible for compensation, the refundrebel will acquire the email address which is assigned to the users Concur account. refundrebel will then invite the user to create a claim on refundrebel.com. The relationship between refundrebel and the user, when they create a claim on the website, is regulated by refundrebel Terms and Conditions.

- B2B: company receives the refund
  For any booking, in which refundrebel has assessed that a user may have a claim, refundrebel will automatically assert the claim against the respective railway company for your company out of court. In this case, the relationship between refundrebel, and your company is regulated in a separate agreement.

4. Consent and Obligations

Given the description of the Service above, you acknowledge that you have the right to integrate refundrebel to your Concur account.

You acknowledge that you have the right to approve such use of the user data of the Concur Users that is necessary for refundrebel to deliver its service as described above.

5. Liability and indemnification

You agree to indemnify refundrebel and its affiliates, employees, agents, representatives and third-party Service Providers, and to hold each of them harmless, from all claims and liabilities (including attorney’s fees) which may arise from your use of the Service or your breach of this Agreement.

If you do not have the right to give consent as described in point 4, refundrebel will not accept liability for any claims, damages or liabilities that result hereof. You warrant that you have not disposed of the claim in any other way before our assignment and that no third party has been assigned to enforce it.

For the duration of the integration of our service, you may not, independently commission any other service providers, lawyers or private or public bodies (e.g., the SÖP) to enforce a requested refund or compensation. Also, you may not independently initiate any legal action or otherwise dispose of the claim. We are only liable following the German statutory provisions for intent and gross negligence regarding services provided free of charge (e.g., account registration and account use).

refundrebel does not guarantee the availability of any or all parts of the Service. We are only liable for service defects if we have fraudulently concealed the defect.

6. Term, Termination and Suspension of Access

This agreement comes into effect as soon as you successfully integrated the Service into your Concur account and is concluded for an indefinite period.

The agreement can be terminated, and the service disintegrated by refundrebel or your company at any time with two weeks prior notice.

Upon termination of this contract, all claims for compensation that have not been submitted are deemed withdrawn and assigned claims are deemed to be assigned.

If a railway company pays compensation to refundrebel after termination and disintegration of the Service, refundrebel will handle the compensation as if the agreement has not been terminated yet.

7. Final provisions

The contractual relationship between refundrebel and you as well as these Terms and Conditions are exclusively subject to the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The place of venue and jurisdiction is the business seat of refundrebel GmbH.

Should any provision of this agreement be invalid, unenforceable or contain a loophole, this shall not affect the validity of the remaining provisions. The parties are obliged within the scope of what is reasonable and in good faith to replace the invalid provision with a permissible provision that is equivalent to it in terms of its economic success, if this does not result in a meaningful change to the content of the contract.

refundrebel can change these terms and conditions, as far as this is necessary to adapt to developments that were not foreseeable at the time of the conclusion of the contract and which refundrebel did not cause or cannot influence and whose non-consideration would disturb the balance of the contractual relationship to a significant degree and as far as essential regulations of the contractual relationship are not affected by this. Essential regulations are those concerning the type and scope of the contractually agreed services and the terms.

Further, these terms and conditions may be adjusted as far as it is necessary to eliminate difficulties in the execution of the contract due to regulatory gaps that have arisen after the conclusion of the contract. This may be the case if there is a change in the law regarding the validity of provisions of these terms and conditions or if case law renders one or more provisions of these terms and conditions invalid or if a change in the law results in the invalidity of one or more provisions of these terms and conditions.

Changes that are not in your or your companies‘ favours are only valid if you or your company were informed at least 2 weeks before their planned effectiveness. You have the right to terminate the contract in written form (e.g., by letter or e-mail) without observing a period of notice at the time the changes take effect if changes are not exclusively in your or your company´s favour.

Changes to these terms and conditions are considered approved if you do not object to them until they become effective. refundrebel will specifically point out this legal consequence to you in the notification of change.