FlexiPerk Company terms and conditions

These terms and conditions set out the rules for signing up and using the FlexiPerk Company service (“Service”) provided by TravelPerk, S.L.U. ("TravelPerk") through the website www.travelperk.com and the corresponding mobile application, as well as to all its related or linked sites from www.travelperk.com (“Platform”).

In such case, the terms “You”, “Your” and/or “Customer” will refer to you in your capacity as representative of TravelPerk’s customer/s and that company/ies or organization/s. If You do not have that authority, or if You do not agree with these Terms, You are not permitted to sign up to the Service.

By signing up to the Service, You agree that Your sign up and use of the Service are governed by this FlexiPerk Company Terms (“FlexiPerk Company Terms") and by TravelPerk Terms of Use available at https://www.travelperk.com/legal/terms-of-use/ (“TravelPerk Terms of Use”). To the extent of conflict between this FlexiPerk Company Terms and the Terms of Use, this FlexiPerk Company Terms shall prevail. You acknowledge that this FlexiPerk Company Terms creates a binding legal agreement between You and TravelPerk. You represent that You have the authority to bind that company or organization to these Terms.

The person confirming these FlexiPerk Company Terms for the Customer warrants that they have the full right, power and authority to enter into this Agreement on behalf of the Customer and where applicable other companies of the Customer group using TravelPerk Services (“Affiliates”). Where these terms apply to Your Affiliates, You confirm that You have communicated these FlexiPerk Company Terms to Your Affiliates and that such Affiliates agree to such terms and that You have full legal authority to request the FlexiPerk Company Terms to be rendered to Your Affiliates.

TravelPerk reserves the right to modify these FlexiPerk Company Terms of Use and the TravelPerk Terms of Use at any time and without giving prior notice. Users should carefully read FlexiPerk Company Terms of Use and the TravelPerk Terms of Use before signing up and using the Service. In all circumstances, the acceptance of the Terms of Use is an essential first step toward access to the Service available on the Platform. The current FlexiPerk Company Terms of Use and the TravelPerk Terms of Use will be available at all times in the Platform.

1. Service conditions

1.1 This Service allows you to cancel any element of a trip separately or the entire trip booked through the platform (“Cancellation”), for any reason, provided that you expressly notify such Cancellation in writing (by email or through the Platform) or by phone to TravelPerk’s Customer Care service, within the following timeframes: 

(i) Hotels: 4 pm of the first day of the booking at the latest; 

(ii) Flights: 2 hours before the departure time of the flight at the latest; 

(iii) Trains: 2 hours before the departure time of the train at the latest; and 

(iv) Car rental: 2 hours before the agreed pick up time of the car at the latest.

1.2 Service will be applied to the trips booked by You under the Business Travel Services Agreement and/or under the TravelPerk Terms of Use under the limits and exclusions defined herein as well as in clauses 2 and 3.

1.3 By virtue of such Service: You can cancel, for any reason, any element of a trip separately or the entire trip, subject to the following:

(i) Service can only be used to cancel all elements for all passengers under the same trip.

(ii) Partial Cancellations of elements or passengers are not allowed.

(iii) Mid-Trips are not refundable (for instance, a return flight when the outward journey has been taken would not be refundable).

(iv) Group bookings (more than 8 travelers) are not covered by Service.

1.4 The Service is available in certain countries only. Whenever the Service is available for new countries, You and Your Affiliates, if any, based on such new countries will be automatically allowed to use the Service.

2. Cost of the service and payment

2.1 You will incur a 10% fee over the entire cost of the trips made by You through the Platform. All trips booked by users of Your account in the Platform will be subject to the Service.

2.2 The price to be paid by You for the Cancellation may not be expressly informed by TravelPerk during the reservation process and shall be expressly accepted and paid by You together with the element booking or trip. 

2.3 The cost of the Service shall be paid when making the bookings through the Platform.

3. Refund

3.1 Following a cancellation, TravelPerk will refund You 80% of the costs of the element or the trip cancelled, as shown during the reservation process, excluding the cost of the Service detailed in clause 2.1 and under the limits and with the exclusions set forth herein, and regardless of the reason for cancellation ("Refund").  The Refund will be made effective by TravelPerk by means of a credit note which will be either sent to You or put at Your disposal. For the sake of clarity:

   i.     the Refund will not be payable by means of a wire transfer into Your bank account, and,

  ii.     TravelPerk shall be the only one obliged to Refund as stated above. The travel supplier shall have no obligation in connection thereto.

3.2 The Refund shall not include any mandatory taxes and charges. The Refund amount shall be limited to up to €5,000 per traveler or collectively, € 30,000 per trip. 

3.3 In the event you negligently or mistakenly inform TravelPerk about an element to be cancelled, TravelPerk will not be responsible for the Cancellation of that element nor shall TravelPerk be liable for any loss or damage caused by TravelPerk’s failure to fulfil its responsibilities or for any consequential damages, including, but not limited to, loss of profits or business or incidental damages, even if you have been advised of the possibility of such damages.

3.4 TravelPerk may ask You for the reason for their cancellation and supporting evidence for internal information and reporting purposes only. You shall provide this information and evidence to TravelPerk so that TravelPerk can comply with its internal needs and fulfill his agreements with third-party providers. However, Your obligation to provide information and evidence of Cancellation shall under no circumstances affect Your right to receive the Refund for any reason. 

4. Term and termination

4.1 You shall be bound by these FlexiPerk Company Terms until You or TravelPerk cancels the Service, at any time, by giving thirty (30) days prior notice (“Notice”) before the date of the termination (“Termination”). The Notice for Termination must be submitted expressly by cancelling the Service at the FlexiPerk Company website.

4.2 Unless otherwise agreed in writing, orders that are accepted by TravelPerk prior to Termination, but that are not yet fully processed on the date of Termination, shall be fully processed and completed in accordance with these FlexiPerk Company Terms.

4.3 The Service may be Terminated any time by any party by giving notice in writing to the other Party if the other Party is in material breach of these FlexiPerk Company Terms, the TravelPerk Terms of Use or the Business Travel Services Agreement and has failed to remedy such breach, where the breach is capable of being remedied, within a reasonable time.

4.4 As an effect of the Termination, any and all dues and obligations between You and TravelPerk arising out of these FlexiPerk Company Terms shall become due, liquidated, set-off and cancelled. In case there is a Refund, any credit notes that have not been redeemed shall remain available to be spent by You in the Platform, unless termination was caused by Your default. In case of the latter, the credit note may be retained by TravelPerk in concept of damages without prejudice to any other amounts or compensation that may be applicable.

5. Affiliates

5.1 All references to Affiliates in the Business Travel Services Agreement and/or the TravelPerk Terms of Use shall apply, mutatis mutandis, to these FlexiPerk Company Terms.

6. Unenforceability

6.1 TravelPerk is not liable for failure to perform its obligations under this Service if such failure is caused by conditions beyond its control, including but not limited to force majeure, Acts of God, government actions or restrictions, strikes or labor difficulties, acts of war, insurrections, natural disasters, any travel services provider bankruptcy or insolvency procedure, electronic or communication failure or any other cause beyond the reasonable control of TravelPerk.