Vilkår for SAS for Work

In addition to the definitions set out in the main body of the Agreement regarding SAS for Work, the following definition shall apply to these General Terms and Conditions for SAS For Work.

“Confidential Information” means the Corporate Discounts, Buyer’s Codes, Ticket-ing Instructions, travel-volume information, individually agreed benefits or any other financial or commercial offerings under the Agreement.

The Buyer accepts that all Travel with SAS and SAS's Partners is subject to SAS’s and/or SAS’s respective Partners’ applicable general conditions of carriage as applicable from time to time and any other terms applicable under the circumstances. SAS’s general "Conditions of Carriage" are available on www.sas.dk.

For the avoidance of doubt, nothing in this Agreement modifies or limits (a) the applicable conditions of carriage, fare rules or ticket conditions, (b) the terms applicable to any ticket already issued; or (c) any rights, obligations or liability arising under applicable mandatory passenger-rights legislation or any applicable international air-carriage convention.

• 3.1 For the purpose of identifying the Buyer’s Business Travel, SAS has allotted one or several Buyer’s Codes to the Buyer, as set out in Appendix 1.

• 3.2 The Buyer’s Codes may only be used by the Buyer or a Travel Agent acting on behalf of the Buyer. Unauthorized use shall immediately be notified to SAS. The Buyer shall notify SAS promptly of any suspected loss, disclosure, private use or other unauthorised use of Buyer’s Code. SAS may suspend, replace or invalidate a Buyer’s Code where reasonably necessary to investigate suspected misuse or comply with law.

• 3.3 In order to register a Business Travel with a Corporate Discount, (i) the Busi-ness Travel shall be registered in accordance with the ticketing requirements set out in the Ticketing Instructions, and (ii) the Business Travel shall be completed.

• 3.4 Business Travel may not be registered for discount, performance or reporting purposes if a required Buyer’s Code or other identifier is omitted, entered incorrectly or removed before departure.

• 4.1 SAS may add, remove or replace a SAS Partner, or change the routes, prod-ucts, booking classes, Corporate Discounts or Other Benefits made available through a SAS Partner, by giving written notice to the Buyer.

• 4.2 SAS shall notify the Buyer of any other material programme or product change by email, through a designated SAS for Work communication channel or by publication on the SAS for Work website, as appropriate to the nature of the change.

• 5.1 This Agreement enters into effect on the Effective Date and remains valid until terminated pursuant to the terms set out herein.

• 5.2 This Agreement may be terminated at any time by either party for convenience with 30 days written notice.

• 5.3 This Agreement may be terminated by either party with immediate effect if (i) the other Party is in material breach of its obligations under the Agreement (which includes but is not limited to breach of its confidentiality undertakings hereunder); or (2) if the other party is put into bankruptcy, enters into liquidation or is otherwise deemed to be insolvent. In addition, SAS may terminate this Agreement with immediate effect if the Buyer’s Codes are misused or if SAS has reasonable cause to believe that such misuse has occurred.

• 6.1 Each party shall be liable for direct loss caused by its breach of this Agreement, subject to applicable law. Neither party shall be liable for any indirect or consequen-tial loss, loss of profit, loss of revenue or loss of goodwill.

• 6.2 The Buyer is responsible for ensuring that the Corporate Discounts, Buyer’s Codes and Other Benefits are used and implemented in accordance with this Agreement, the applicable fare rules and the Ticketing Instructions. SAS shall not be liable for any loss caused by incorrect or unauthorised use or implementation by the Buyer, its Affiliates, Travelers, Travel Agents or booking providers.

• 6.3 Nothing in this Agreement limits liability for fraud, wilful misconduct, gross negligence, or any liability that cannot be limited under applicable law.

• 6.4 Neither party shall be liable for any failure or delay in performing its obliga-tions under this Agreement to the extent caused by circumstances outside that party’s reasonable control, including operational disruptions, regulatory restrictions, security requirements, system outages or partner disruptions. The affected party shall notify the other party where reasonably practicable.

• 7.1 The terms ‘personal data’, ‘processing’, ‘controller’ and ‘processor’ used in this Section 7 shall have the meaning set forth in the General Data Protection Regula-tion (EU) 2016/679 (the “GDPR”).

• 7.2 Each party acts as an independent controller in respect of personal data it processes in connection with the Agreement and is independently responsible for complying with applicable data-protection law, including establishing a lawful basis, providing required information to individuals, responding to data-subject requests, implementing appropriate security measures and ensuring lawful international transfers.

• 7.3 The Travelers' rights under the GDPR are more specifically described in SAS Privacy Policy (https://www.flysas.com/en/legal-info/privacy-policy) and SAS Priva-cy Policy B2B (https://www.flysas.com/en/legal-info/sas-for-work).

• 8.1 Subject to the below, each Party shall keep any Confidential Information strictly confidential.

• 8.2 Each Party may disclose confidential information (i) to those of their respective employees, servants or agents, who are required to know the content of this Agreement for the purpose of the execution hereof. This disclosure right extends to the Buyer’s chosen Travel Agent to ensure that the Buyer can make use of the agreed benefits under this Agreement; and (2) where required by law, regulation, court order or a competent authority. This Clause 8 continues for three (3) years after termination. Buyer’s Codes remain confidential for as long as they remain valid or capable of use.

Both parties and all persons representing, associated with or otherwise performing services for or on behalf of the respective party shall comply with applicable anti-bribery and anti-corruption legislation and policies. A party shall be entitled, without any liability, to terminate the Agreement with immediate effect in the event it con-cludes, in its absolute discretion, that the other party or any of its representatives has committed a breach of the aforementioned or that such breach is likely to occur.

SAS’s Code of Conduct is available on www.sasgroup.net and information about SAS’s work towards a more sustainable air travel is available on https://www.sas.se/en/sustainability/.

The Buyer will receive information regarding the products offered by SAS under this Agreement. SAS may use any current digital means to communicate with the Buyer. SAS may send promotional emails to the Buyer’s appointed contact per-son(s) concerning products and services of SAS, and/or SAS Partners’ and/or third parties’ with which SAS cooperates with. The Buyer can at any time decline digital communication by contacting Corporate Support or SAS Customer Contact Center. However, such a request shall not affect SAS’s right to communicate with the ap-pointed contact person regarding matters related to the administration or perfor-mance of the Agreement between SAS and the Buyer, including, but not limited to, service notices and other contract-related communications. The aforementioned does not limit SAS’ right to communicate directly with the Travelers, subject to SAS having received consent from each individual Traveler.

The Buyer shall ensure that the contact information for the Buyer’s appointed contact person provided to SAS at the time of registration for this Agreement is up to date at all times. If the Buyer changes its appointed contact person, the Buyer undertakes to ensure that this information is provided to SAS together with the contact information of such individual.

Neither party may use the other party’s name, logo, trade name, trademark, service mark or other brand identifier in any advertising, marketing or external communi-cation without the other party’s prior written consent. Notwithstanding the forego-ing, SAS may refer to the Buyer by name, and tag or link to the Buyer’s official company profile in social media posts relating to meetings, events or other business activities involving both parties.

• 14.1 Either party may assign the Agreement to a company in its group or to a suc-cessor in connection with a merger, reorganisation or transfer of the relevant business by giving reasonable prior written notice to the other party, provided that the assignee is established in the European Economic Area, the United Kingdom, Switzerland or the United States and is capable of performing the assigning party’s obligations under the Agreement.

• 14.2 An assignment under Clause 14.1 to an assignee established elsewhere requires the other party’s prior written consent, which shall not be unreasonably withheld or delayed.

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the provision shall be removed from this Agreement, and the remaining provisions shall continue in full force and effect.

Nothing in this Agreement is intended or shall be construed to create an agency, joint venture, partnership or employment relationship between SAS and the Buyer.

• 17.1 This Agreement and any non-contractual obligations arising out of or in con-nection with it shall be governed by and construed in accordance with (in each case without regard to conflict-of-law rules that would result in the application of the laws of another jurisdiction):

  • a) the laws of Denmark, if the Buyer has its registered office in Denmark;

  • b) the laws of Norway, if the Buyer has its registered office in Norway;

  • c) the laws of Sweden, if the Buyer has its registered office in Sweden;

  • d) the laws of the State of New York, United States, if the Buyer has its registered office in the United States; and

  • e) the laws of the Netherlands, if the Buyer has its registered office in any other country.

• 17.2 Any dispute, controversy or claim arising out of or in connection with this Agreement, including any dispute relating to its existence, validity, interpretation, performance, breach or termination, or any non-contractual obligation arising out of or in connection with it, shall be submitted to the exclusive jurisdiction of:

  • a) the Copenhagen City Court, Denmark, if the Buyer has its registered office in Denmark;

  • b) the Oslo District Court, Norway, if the Buyer has its registered office in Norway;

  • c) the Stockholm District Court, Sweden, if the Buyer has its registered office in Sweden;

  • d) the state and federal courts located in New York County, New York, United States, if the Buyer has its registered office in the United States; and

  • e) the competent courts of Amsterdam, the Netherlands, if the Buyer has its regis-tered office in any other country.

The parties hereto confirm that it is their wish that this Agreement and any other document executed in connection with the transactions contemplated herein be drawn up in the English language only (except if another language is required under any applicable requirements of law) and that all other documents contem-plated thereunder or relating thereto, including notices, may also be drawn up in the English language only. Les parties aux présentes confirment leur volonté que la présente convention ainsi que tous autres documents se rattachant aux transac-tions visées par les présentes soient rédigés en anglais seulement (à moins que le droit applicable exige autrement) et que tous autres documents visés ou s’y ratta-chant, y compris des avis, puissent être rédigés aussi en anglais seulement.