1. Validity of the T&C
Only by establishing a connection to the First Class & More website or other websites belonging to First Class & More and by using the services offered by First Class & More, the respective User acknowledges the following Terms and Conditions (T&C) as binding for them.
The Contractual Partner of the User is the
First Class & More FZE
P.O. BOX 16318
Ras Al Khaimah
United Arab Emirates
Website: www.first-class-and-more.com
E-mail: info@first-class-and-more.com
CEO: Johann Caspar Bertheau
The Contractual Partner shall hereinafter be referred to as FC&M.
The T&C apply to all digital content (including website content, newsletters, blogs, tools, apps, ePublications), books (including FC&M books, railway books) and products provided free of charge and against payment. They shall apply to the first and each future individual retrieval of ePublications, books and products, even if the User does not expressly confirm the validity of these T&C in future visits/retrievals of content/products.
The T&C of the App apply in addition to these T&C. If the T&C contradict each other, these T&C shall have priority over the T&C of the App.
2. General information
2.1 For all business relations, the following Terms and Conditions (T&C) in their respective valid version shall apply exclusively. Users or customers (hereinafter always referred to as Users) within the meaning of these T&C can be both consumers and entrepreneurs.
2.2 Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. A partnership with legal capacity is a partnership with the ability to acquire rights and incur liabilities.
2.3 A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his self-employed professional activity.
2.4 Conflicting Terms and Conditions of the User shall only be effective if they have been expressly accepted by FC&M in writing.
2.5 Agreements deviating from or supplementing these T&C must be made in writing and signed by both parties.
2.6 By agreeing to these T&C, the User confirms that the User is at least 18 years old and has full legal capacity.
3. Liability
3.1 Our newsletters, ePublications, website content (e.g. blog), apps and books are for informational purposes only and shall not be construed as instructions. Each User decides on his own responsibility whether he wants to use certain offers.
3.2 The information provided by us is always researched to the best of our knowledge and belief. Unfortunately, the actions described in the context of newsletters, ePublications, website contents (e.g. blog), apps and books can lead to changes at short notice over which FC&M has no influence. FC&M therefore accepts no liability for the feasibility and accuracy of the information described in newsletters, ePublications, on the website (e.g. blog), in the App and/or in books.
3.3 Furthermore, no liability shall be accepted for any damage resulting from improper use by the User of the information contained in newsletters, ePublications, website content (e.g. blog), apps and books or by FC&M in the creation of these publications unknown operational changes and conditions.
3.4 As part of our membership, we offer comprehensive consulting services. This is also carried out to the best of our knowledge and belief. Any liability for feasibility and correctness is excluded.
3.5 FC&M is not liable for the contents of third parties, even if they are referred to by links or in newsletters, ePublications and/or books of FC&M.
3.6 In particular, FC&M cannot accept any liability for the freedom from viruses and other harmful programs such as spyware, Trojans and similar on the part of third parties, even if these are referred to via links or in newsletters, ePublications, on the website (e.g. blog), in the App and/or in books.
3.7 Excluded from the limitation of liability are claims for damages by the User arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by FC&M, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the Contract.
3.8 FC&M is only liable for the contract-typical, foreseeable damage in the event of a breach of essential contractual obligations if this was caused by simple negligence, unless it is a matter of claims for damages by the User arising from injury to life, body or health.
3.9 The above restrictions also apply in favor of the legal representatives and vicarious agents of FC&M if claims are asserted directly against them. The limitations of liability shall not apply if FC&M fraudulently concealed the defect or assumed a guarantee for the quality of the object. The same applies if the parties have reached an agreement on the quality of the goods. The provisions of the Product Liability Act shall remain unaffected.
4. Registration on our website and password
4.1 In order to purchase products in our online shop, a registration of the User is required. Initially, no costs, contractual obligations, or payment obligations arise. Costs arise only after confirmation of the order by pressing the „ORDER AND PAY NOW” button. Please read our Privacy Policy on the subject of „Handling your data”.
4.2 By registering, the User declares that he agrees to the data entered being checked for plausibility. The User shall be obliged to keep his data up to date at all times and to notify FC&M in writing, by e-mail or online, of any changes relevant to the contractual relationship.
4.3 FC&M is entitled to refuse a registration – even without giving reasons – or to revoke it.
4.4 The User is obliged to protect his password and not to pass it on to third parties. If third parties obtain this password, the User is obliged to change it immediately.
4.5 If the User has forgotten his password, he can at any time request an automatically generated new password by logging in and then change this in his premium login area again.
5. Accessibility of our website
Within the premium login area, we grant our users access to eBooks, various ePublications and tools depending on the products purchased. In addition, it is only possible to access restricted website content in the blog by logging in. This is usually possible 24 hours a day. However, we cannot guarantee the availability of our service. FC&M shall also not be liable for any malfunctions on the Internet.
6. Offer, conclusion of contract
6.1 The products and services listed in FC&M's online shop do not constitute binding offers for the Seller; they are rather an invitation to the User to submit a binding offer by placing an order.
6.2 By sending the order from the „virtual shopping cart” using the button „ORDER NOW”, the User places a binding order for the items contained therein. FC&M will confirm the receipt of this order to the User immediately by e-mail.
6.3 The Purchase Contract is concluded with the express acceptance of the order in text form (order confirmation email) or delivery of the goods or activation of the member profile or download links by FC&M. In this respect, FC&M is entitled to accept the contractual offer of the customer within three working days after receipt of the order.
6.4 Payment is due within 10 working days after conclusion of contract. FC&M issues an invoice to the User after complete payment. The customer receives in advance a proof of the value of the order (pro-forma invoice).
7. Prices
7.1 The indicated price is a final price.
7.2 Annual prices are shown for the Premium Membership product. The minimum contract duration is always 12 months. Monthly billing is not possible.
8. Retention of title
8.1 The goods delivered by FC&M remain our property until full payment.
8.2 The User shall be prohibited from reselling digital content.
9. Forms of use and rights of use of customers for eBooks
9.1 All publications that FC&M offers or makes available to its customers electronically as part of the shop or as part of a Premium Membership (primarily Insider News, Insider Bulletins, Insider Travel Guides as well as the FC&M Book in the eBook version) are listed under eBooks.
9.2 The seller grants the customer against payment of the agreed price the non-exclusive, non-transferable right to use the eBook provided by the seller in electronic form exclusively for his own use. This includes in particular the use of the eBook for the purpose of own information. Contents can also be used for family members living in the same household.
9.3 The purchased eBooks will be made available exclusively in the personal Premium area under Downloads and can be viewed and downloaded there as pdf files.
9.4 The User shall be responsible for saving the purchased eBooks for later use on his computer in good time in the event that they are no longer available as a pdf document in the download area at a later date due to new publications.
9.5 Only the version of the purchased ePublication valid at the time of order is available in the download area. Future updates must be purchased separately, unless the User is a Premium Member at the Platinum or Diamond level. In the latter case, the User always has access to the most current ePublications – provided that these are included in the respective membership.
9.6 Unless FC&M has given its prior written consent, public reproduction or other republication as well as commercial duplication or resale or transfer of the eBooks or parts thereof are expressly excluded.
9.7 A contractual penalty of EUR 5,000 shall be payable to FC&M for each case of culpable violation of these usage restrictions, unless the User proves that FC&M has incurred no damage or only minor damage. The assertion of further damages and injunctive relief remains unaffected.
9.8 For orders of eBooks in print format (currently not available), the aforementioned rules on rights of use and restrictions shall apply accordingly.
10. Forms of use and rights of use of the Customer with a Premium Membership
10.1 FC&M offers three different membership levels: Gold, Platinum and Diamond. Each level offers a different set of features described in the following overview.
10.2 FC&M has the right at any time not to offer further memberships at the Platinum and Diamond level if the maximum capacity is reached.
10.3 Duration and cancellation conditions
Each Premium Membership shall have a minimum duration of one year (12 months) and shall be automatically renewed for a further year unless terminated by the User in writing or electronically at least one month prior to expiry. The cancellation can be sent to FC&M either by post, email or via the FC&M contact form. The date of the postmark or the date of receipt of the email or enquiry shall apply.
Notice of termination by post shall be sent to:
First Class & More International AG
Lowenstrasse 40
8001 Zurich
Switzerland
Notice of termination by e-mail shall be sent with subject „Cancellation“ to: cancellation@first-class-and-more.com
A cancellation via the contact form (recommended option) shall be sent with the subject „cancellation“ via the following link: www.first-class-and-more.com/contact
10.4 A Premium Membership shall be always personal and the prices quoted in the shop always refer to the use of the Membership by one person. However, the User can also use deals for persons living in the same household (e.g. life partner). Only status levels and included subscriptions are personalized.
10.5 It is inadmissible to give other people not living in their own household access to the benefits of a Premium Membership if they have not paid the annual membership fee. In particular, the posting of FC&M documents or parts thereof on the internet (e.g. in forums) or on the intranet, whether in open or closed areas, shall be expressly prohibited. The same applies to the passing on of login data for the joint use of a Premium Membership account. For each case of culpable violation of this usage restriction, a contractual penalty of EUR 5,000 shall be paid to FC&M, unless the User proves that FC&M has incurred no or only minor damage. The assertion of further damages and injunctive relief remains unaffected.
10.6 The right to extraordinary termination for good cause remains unaffected. An important reason shall be deemed to exist in particular if the relationship of trust between the contracting parties is permanently disturbed.
11. Forms of use as well as rights of use of the customer with the FCAM App
11.1 The FCAM App for iPhone, iPad and Android can be downloaded and used by anyone for free from the Apple App Store or GooglePlay (the new App is expected for Apple in early 2020 and for Android mid 2020). The following rules apply:
11.1.1 If an app User is not a Premium member, he has access only to content that is shared with all users, as in the blog and on the website.
11.1.2 If an app User is a Premium member, there are additional access rights as well as the possibility to set filters in the App to a certain extent.
11.1.3 At the end of a Premium Membership, the access is limited to the content of the blog and the website, which is accessible to all users.
11.2 It is not permitted to give third parties access to the exclusive areas of the App that are linked to a Premium membership. A passing on of login data to third parties is therefore expressly excluded and is also regularly checked with the help of so-called tokens.
11.3 We refer to the Terms and Conditions of the App as well. You can access it directly in the app.
12. Copyright and copyright laws
12.1 The newsletters, ePublications, website content (e.g. blog) and books distributed by FC&M as well as the images used on the website and in publications are protected by copyright. The User undertakes to acknowledge and observe the copyrights.
12.2 No copyrights, rights of use or other protective rights to newsletters, ePublications, website content (e.g. blog), books and images are transferred to the User. The User is only entitled to use the received newsletters, ePublications, website content (e.g. blog) and books for his own purposes. He is not entitled to make the newsletters, ePublications, website content (e.g. blog) or books or excerpts thereof available to third parties on the Internet, in intranets, extranets or by other means or to exploit them in any other way.
12.3 A public reproduction or other further publication, a commercial duplication and the further sale of the newsletters, ePublications, website contents (e.g. Blog), books or pictures (completely or in parts) are expressly excluded.
12.4 The User may not remove copyright notices and other legal reservations in the newsletters, ePublications, website content (e.g. blog), books or images received.
12.5 For each case of culpable violation of the aforementioned copyright regulations, a contractual penalty of EUR 5,000 is to be paid to FC&M, unless the User proves that FC&M has incurred no or only minor damage. The assertion of further damages and injunctive relief remains unaffected.
13. Payment
13.1 Within the FC&M Shop, we offer the most common payment methods.
13.2 FC&M does not store any payment information in the context of the shop handling – the input and storage takes place exclusively on the SSL secured sites of our payment partners.
13.3 For all our products we only accept prepayment, i.e. the ordered items will only be shipped or access and download rights will only be activated if the receipt of money in the agreed amount could be registered.
13.4 In the case of transfers from abroad, any transfer fees must be paid in full by the Buyer. FC&M reserves the right to adjust the term of an acquired Premium membership to the amount of the transfer fees passed on to the Seller.
13.5 If the due date of the payment is determined according to the calendar, the User shall already be in default if the due date is missed. In this case, he has to pay FC&M default interest for the year in the amount of 5 percentage points above the base interest rate. If the User is an entrepreneur, the default interest shall be 9 percentage points above the base interest rate.
13.6 The obligation of the User to pay interest on arrears does not exclude the assertion of further damages caused by FC&M. The User reserves the right to prove a lower damage to FC&M.
13.7 If the User is in default with a payment, FC&M is entitled to withdraw from the Contract.
14. Cancellation policy
14.1 When concluding a distance selling deal, consumers generally have a statutory right of revocation, about which the Supplier informs them in the following in accordance with the statutory model. The exceptions to the right of revocation are regulated in 14.2. 14.3 contains a model withdrawal form.
Cancellation policy
Right of cancellation
You have the right to revoke this Contract within fourteen days without giving reasons. The cancellation period shall be fourteen days from the date of conclusion of the Contract.
In order to exercise your right of cancellation, you must inform us of your decision to cancel this Contract by means of a clear declaration (e.g. a letter or e-mail sent by post to cancellation@first-class-and-more.com). You can use the attached sample cancellation form, which is however not mandatory.
In order to comply with the cancellation period, it is sufficient for you to send the notification of exercising the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you cancel this Contract, we shall repay to you all payments received from you immediately and no later than fourteen days from the date on which we received notification of your cancellation of this Contract. We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
14.2 The right of cancellation expires in the case of a Contract for the delivery of digital content not on a physical data carrier even if the entrepreneur has begun with the execution of the Contract after the consumer has expressly agreed that the entrepreneur begins with the execution of the Contract before the expiry of the cancellation period, and has confirmed his knowledge of it that he loses his right of cancellation through his consent with the start of the execution of the Contract.
The right of cancellation does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
14.3 In accordance with the statutory provisions, the Supplier shall provide the following information via the sample cancellation form:
Sample cancellation form
(If you want to cancel the Contract, please fill out this form and send it back.)
— To:
First Class & More International AG
Lowenstrasse 40
8001 Zurich
Switzerland
Or via e-mail: cancellation@first-class-and-more.de
— I/we (*) hereby cancel the Contract concluded by me/us (*) for the conclusion of the following services (*)/
— Ordered on (*)/received on (*)
— Name(s) of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only for paper communication)
— Date
(*) Delete as applicable
15. Notes on cancellation
15.1 According to 15.2, the right of cancellation does not apply or expires:
15.1.1 when receiving eDocuments via download or e-mail, e.g. Insider News, Insider Bulletins or Insider Travel Guides
15.1.2 upon receipt of the First Class & More book as eBook
15.1.3 if a Premium Membership profile (Gold, Platinum, Diamond) is activated and the Customer subsequently logs into the Premium login area
In other words: The right of return does not apply to eDocuments (Insider News, Insider Bulletins, Insider Travel Guides, First Class & More Book as eBook) and Premium Membership.
Personalized products or products individually manufactured for the Customer are also excluded from the right of return.
15.2 Please avoid damage and contamination of the goods. Please return the goods to us in their original packaging if possible. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage.
15.3 Please do not return the goods to us freight forward. We will also be happy to reimburse you in advance for the postage costs, unless you have to bear these yourself.
15.4 Please note that the aforementioned Sections 16.2 and 16.3 are not prerequisites for the effective exercise of the right of cancellation.
16. Consumer dispute resolution
16.1 The EU platform for out-of-court online dispute resolution is available at the following Internet address:
https://ec.europa.eu/consumers/odr/
16.2 FC&M is neither willing nor obliged to participate in any dispute resolution proceedings before a consumer arbitration body.
17. Consumer information for distance contracts for the purchase of goods
17.1 The Seller is not subject to any special codes of conduct not mentioned above.
17.2 The essential characteristics of the goods offered by the Seller as well as the period of validity of limited offers can be found in the individual product descriptions in the context of the Internet offer. The language available for the conclusion of the Contract is exclusively German.
17.3 Complaints and warranty claims can be made at the address given in Section 15. Please refer to the offer for information on payment, delivery or performance.
17.4.1 In the online shop, your declaration only becomes binding if you click the button „ORDER AND PAY NOW“ during the purchase process.
17.4.2 Until then you have the possibility to recognize your inputs and if necessary to correct them after pressing the „Previous“ button of your browser on the previous page or to cancel the order process by leaving the page.
17.5 Contract text storage in the online shop
FC&M does not store the contract text after conclusion of the Contract and it is also not accessible to the User. However, after conclusion of the Contract we will send the User an order confirmation with all details to the e-mail address given by the User, in which all essential data of the order, our Terms and Conditions as well as cancellation/return instructions will be communicated again. The User has the option of printing out both the Terms and Conditions and his order with all the data entered during the ordering process. The print function of your browser also enables you to print out the text of the Contract. You can also save the contract text by clicking on the right mouse button to save the website on your computer. After completion of the order processing, the contract text is no longer accessible to you.
18. Data protection
18.1 The User agrees to the storage of personal data within the scope of the business relationship with FC&M, in compliance with the data protection laws, in particular the BDSG and the GDPR. Data will not be passed on to third parties unless this is necessary for the execution of the Contract.
18.2 The rights of the User are derived in particular from the following standards of the GDPR:
- Article 7(3) – Right of cancellation of consent under data protection law
- Article 15 – Right of access by the data subject, right to confirmation and provision of a copy of personal data
- Article 16 – Right to rectification
- Article 17 – Right to erasure („right to be forgotten“)
- Article 18 – Right to restriction of processing
- Article 20 – Right to data portability
- Article 21 – Right of object
- Article 22 – Right not to be subject to a decision based exclusively on automated individual decision-making, including profiling
- Article 77 – Right to lodge a complaint with a supervisory authority
18.3 In order to exercise these rights, the User is requested to contact FC&M by e-mail (privacy@first-class-and-more.com) or, in the event of a complaint, the competent supervisory authority.
19.4 Please refer to the Privacy Policy on the website and the App's Privacy Policy.
19. Final provisions
19.1 Right of modification
FC&M reserves the right to change or amend these T&C at any time without giving reasons. FC&M will inform the User of any changes in good time. By your subsequent continued use of the website in your capacity as a Premium Member or Customer, you confirm that you are in agreement with the changes made and that you are bound by the respective T&C. FC&M therefore recommends its Premium Members and customers to read the T&C regularly.
19.2 Contradictory clauses
Where a contradiction exists or appears to exist between individual provisions of these T&C and special provisions for the use of individual sub-areas (e.g. Premium login area) or modules of the FC&M website (e.g. top offers), the special provisions for the use of these sub-areas or modules shall take precedence over the conflicting provisions of the T&C with regard to the use of the corresponding sub-area or module.
19.3 Force Majeure
Under no circumstances can FC&M be held liable for delays or non-performance which are due directly or indirectly to natural forces, force majeure or uncontrollable circumstances. These include, but are not limited to, the following reasons: Internet, computer equipment, software, telecommunications equipment, power outages, strikes, labor disputes, riots, civil commotion, civil unrest, fire, floods, storms, explosions, natural disasters, political acts, war, orders from national or international courts, non-performance by third parties.
19.4 Severability clause
Should individual provisions of these T&C be or become invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions. The contracting parties undertake to replace an ineffective/unenforceable provision with an effective/enforceable provision that comes as close as possible to the economically intended meaning and purpose of the ineffective provision. This shall apply mutatis mutandis to any loopholes in the Contract.
19.5 Applicable law and place of jurisdiction
Contracts between the parties shall be governed by the law of the United Arab Emirates. The legal regulations for the restriction of the choice of law and for the applicability of compelling regulations in particular of the state, in which the User has his habitual residence as a consumer, remain unaffected.
The place of jurisdiction for all disputes arising from contractual relationships between the User and FC&M is FC&M's registered office. If the User is a consumer, he assures the Supplier that he will confirm the place of jurisdiction agreement in writing upon request.
