API TERMS OF USE

Below you will find the API terms of use (‘API Terms’) of Air France and KLM (hereafter each separately or together the ‘Airline’). These API Terms apply to the access to and the use of the API Portals, APIs and Licensed Data of the Airline and all services provided by the Airline in relation thereto. When your registration is completed or you access or use an API Portal, API or Licensed Data, you are entering into an agreement with Air France and KLM (the ‘Agreement’). You agree that these API Terms will govern and form an integral part of the Agreement. In these API terms we may refer to ‘Airline’ as ‘we’, ‘our’, or ‘us’.

If you are entering into these API Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such company or entity to these API Terms. In that case, the terms ‘you’ or ‘your’ and ‘Licensee’ shall not only refer to you but also to such company or entity, as applicable.

Definitions

In these API Terms, the following definitions will apply unless inconsistent with the context or otherwise specified. All other terms, phrases and acronyms used in these purchase conditions shall have their ordinary (technical or other) meaning.

Affiliate(s)’ means any entity that directly or indirectly controls, is controlled by, or is under common control with, a Party;

Agreement’ means the binding contract between you on the one side, and Air France and KLM on the other side, as described in the header of these API Terms;

Air France’ means Air France, a company incorporated in France having its registered office at 45, rue de Paris, F-95747, Roissy CDG Cedex, France registered with the Registry of Commerce and Companies of Bobigny under number B 420 495 178;

Airline’ means each Air France or KLM separately, or Air France and KLM together;

Airline Materials’ has the meaning given to that term in clause 7.1;

Airline Trademark(s)’ means such trademarks, logos, brands and company names used to designate the products and services of the Airline, from time to time;

Airline Website(s)’ means any website owned, operated or nominated by the Airline (including but not limited to the API Portals). The Airline Websites include in each case all subdomains and corresponding international domains, however accessed (e.g., desktop, mobile applications);

‘API’ or ‘APIs’ means the application programming interface(s) and associated tools and documentation that the Airline makes available at the API Portals;

API Portal’ means each developer service portal that is owned or operated by or on behalf of the Airline, including but not limited to https://developer.airfranceklm.com/ ;

Application’ means any software application pursuant to which you access or use any Licensed Data;

Confidential Information’ shall include, but is not limited to, all information related to either Party’s past, present and future plans, businesses, activities, products, services, customers and suppliers. Licensed Data shall be considered Confidential Information of the Airline;

Data’ means any data, material or information, in any form or format, including interim, processed, compiled, aggregated, summarized, or derivative versions of such data, materials or information, that may exist in any system, database, or record;

End User’ means an individual, human end user of a Licensee’s product or service using Licensed Data;

Governing policies’ means all policies, guidelines or instructions of the Airline, which are made available or notified to you by Airline via the API Portals or otherwise;

Intellectual Property Rights’ means all copyright, moral rights, patent rights, trade marks, design rights, rights in or relating to databases, rights in or relating to confidential information, rights in relation to domain names, and any other intellectual property rights (registered or unregistered) throughout the world;

Keys’ means the unique security keys, secrets, tokens, passwords or other credentials used for accessing the Service and managing your account;

KLM’ means Koninklijke Luchtvaart Maatschappij N.V. (also known as KLM Royal Dutch Airlines) a company incorporated in the Netherlands having it’s registered office at Amsterdamseweg 55, 1182 GP Amstelveen, the Netherlands;

Licensed Data’ means:

(i) all Data submitted by or on behalf of the Airline;

(ii) flight schedules, published fares, seat availability and related descriptive information (in each case being publically available information and not those open to closed user groups or trade only) for the Airline’s published flights including code share flights and any update, refresh, correction or modification thereto;

(iii) all Data obtained, developed, produced or processed by the Licensee in connection with these API Terms;

(iv) any Data or other information that identifies or could be used to identify the Airline, the Airline’s products or services or persons in their capacity as End Users;

(v) all Passenger Name Record Data and other passenger Data, including personal information in relation to passengers;

(vi) End User Data collected and provided to the Airline through the Service;

(vii) any Data regarding the sale of the Airline’s products, or ancillary products, whether individual sales or aggregate sales Data organized based on any market segment or method of distribution and sale, ticket information, tariff rules, aircraft seating configurations, aircraft operation notes, flights status or other operational Data, and other similar information relating to the Airline’s products, services, operations or business;

(viii) any Data available on or via an Airline Website; and

(ix) any successors, equivalents or derivatives of any of the above, whether now known or hereafter devised, and in any medium or format. For example, copying or tracking of any portion of Licensed Data to create a separate set of information or database constitutes a derivative and is within the definition of Licensed Data.

Licensee’, means you, or the company or entity on whose behalf you are entering into these API Terms, or both;

Party’ means KLM, Air France or Licensee;

Registration Data’ means the information you provide on the Service registration form to access the API portal;

Services’ means the services provided by or on behalf of the Airline in relation to the API Portals, including but not limited to providing access to the Services and the results of the Services (the API Portals, the APIs and the Licensed Data);

Term’ has the meaning given this term in clause 10.1;

Use Limits’ means any limitations with regard to the use of the Services as published on the API Portal, including but not limited to the maximum number of API requests (calls) per time period.

General

2.1.      These API Terms apply to the delivery and use of the Services. These API Terms will govern and form an integral part of the Agreement. If you use the Services as an interface to, or in conjunction with our other products or services, then the general terms and conditions of the Airline for those other products or services will also apply. If in such case there is a conflict between these API Terms and the additional terms applicable to the Service, the additional general terms will control for that conflict.

2.2.      Any general terms and conditions of Licensee do not apply and the Airline explicitly rejects these.

2.3.      Regardless of their form, deviations from or supplements to these API Terms shall only apply if the Airline has consented to the same in writing with a reference to this clause.

2.4.      The Airline reserves the right from time to time, and at its sole discretion, and without liability to you or any third party to change the API Terms by posting amended API Terms on the API Portal. The most recent version of the API Terms will supersede all previous versions. Where reasonably possible Airline will notify you thirty (30) calendar days in advance via the API portal or via email. However it is your responsibility to periodically check the API Portal for updates of the API Terms and to ensure that you and your Applications comply with any applicable amendments of the API Terms. If you disagree with any changes to the API Terms, your only recourse is to discontinue your use of the Service.

2.5.      Air France and KLM may each separately or together enforce all rights and perform all obligations of Air France and KLM under the Agreement.

Registration and access to the Services

3.1.      In order to obtain access to the Services, you must register and apply for the Services you want to use by following the registration process at the API Portal.

3.2.      You agree to:

  1. provide accurate, current, and complete Registration Data;
  2. maintain the security of your Keys and identification;
    1. maintain and promptly update the Registration Data, and any other information you provide to the Airline, and keep all such information accurate, current and complete;
    2. evaluate and bear all risks associated with your use of any Services, including any reliance on the accuracy, completeness, or usefulness of the Licensed Data and the risks of unauthorized access.

3.3.      The Airline will process your personal data in accordance with applicable data protection laws and, if applicable, the Governing Policies. Our service providers may have access to your personal data and use your personal data to deliver the Services on our behalf.

3.4.      Your registration may be conditional upon prior approval by the Airline or meeting the eligibility criteria for a Service. In any case, the Airline reserves the absolute discretion as to whether it grants you access to the Services. You will promptly provide any further information required by the Airline about you and your use of the Services both before and after granting access. Your failure to comply with this obligation or clause 3.2 may result in the Airline suspending or terminating your access to all or any part of the Services.

3.5.      After registration for a Service in accordance with clause 3.1 and, where applicable, approval of your application by the Airline, you will be issued one or more Keys which will allow you to access the Service and to use the API(s) and Licensed Data in accordance with these API Terms.

3.6.      You may not sell, transfer, sublicense or otherwise disclose your Keys to any other third party. If you become aware of any unauthorized use of your Keys, you agree to notify the Airline immediately. Notwithstanding the foregoing, or anything to the contrary, you are fully responsible for all activities that occur using your Keys.

Delivery of the Services

4.1.      The Airline provides the Services on an ‘as is’ and ‘as available’ basis.

4.2.      We do not guarantee:

  1. the quality, performance, durability, functionality, security, reliability, accuracy, correctness availability, freedom from viruses or any contaminating or destructive properties, or fitness for purpose of the Services;
  2. that the Services or your use thereof comply with applicable laws or regulations and do not infringe or violate the rights of others.

All such guarantees are excluded to the fullest extent permitted by law.

4.3.      The Airline has no obligation to provide you or your users with support, software upgrades, enhancements, or modifications to the Services. You understand and agree that you are solely responsible for providing user support and any other technical assistance for your Applications. The Airline may redirect users and potential users of your Application to your email address on your account for purposes of answering general Application inquiries and support questions.

4.4.      The Airline reserves the right to modify the Services (including the API Portals, APIs and Licensed Data) and release subsequent versions of the Services, any time, without any liability to you. You do not have any obligation to continue using the Services, but if you continue your use the Airline may require you to obtain and use the most recent version. You acknowledge that a modification or new release may create technical issues with your Applications, including rendering them unusable until such time as you have modified the Application for use with the modified Services or new release of the Services. Where reasonably possible The Airline will notify you of any material modifications or new releases in advance via the API portal or via email.

4.5.      The Services are currently provided for free, but the Airline reserves the right to charge you for the Services in the future. If we do charge a fee for access to or use of the Services, you do not have any obligation to continue to use the Services.

Your obligations and conduct with regard to the use of the Service

5.1.      You agree to use the Services only for purposes that are permitted by and comply with: (a) these API Terms; (b) the Governing Policies; (c) any applicable terms or conditions of third parties; (d) applicable laws and regulations.

5.2.      You hereby specifically agree that you will not use the Services or any portion thereof, to:

  1. transmit spam, or upload, post or otherwise transmit Licensed Data that is inaccurate, harmful, obscene, defamatory, racist or is otherwise offensive to others;
  2. pretend to be the Airline or an agent or someone else, or otherwise misrepresent your identity or affiliation;
  3. forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Licensed Data transmitted through the Service;
  4. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Service;
  5. engage in activities that would violate any applicable law or regulations having the force of law;
  6. upload, post, transmit or otherwise make available unsolicited or unauthorized advertising, promotional materials, unwelcome publicity, unwanted mail or any other form of solicitation;
  7. download any file posted by another that you know, or reasonably should know, cannot legally be distributed in such manner;
  8. interfere with or disrupt the proper working of the Services, or any servers or networks connected therewith, circumvent or hack any technical protection or security measures, gain unauthorized access to the Services or otherwise disobey any requirements, procedures, policies or regulations connected thereto;
  9. upload, post, collect or store personal data about End Users unless specifically authorized by such End Users in accordance with applicable data protection laws;
  10. promote or provide instructional information about illegal activities;
  11. provide, procure or permit third party access to the Service unless expressly authorized by the Airline;
  12. violate or infringe anyone’s Intellectual Property Rights;
  13. transmit software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  14. do anything that is injurious to the interests of the Airline, or other users of the Service as determined by the Airline in its sole discretion;
  15. make speculative bookings;
  16. reserve seats in anticipation of demand;
  17. improperly create or modify records;
  18. use the Services for training purposes; or
  19. develop or publish any reservation, ticketing, sales, cargo or tariff guide.

5.3.      Without prejudice to any other rights of the Airline under these API Terms or at law, if you use the Services in a way that the Airline finds unacceptable for any reason, including if your use violates the API Terms, the Airline may (i) immediately restrict, suspend or terminate your access to all or any part of the Services (including all or any specific APIs or Licensed Data); and (ii) immediately require you to modify, remove any displayed Licensed Data and cease using that Licensed Data, without any liability to you and without the requirement of providing prior notice.

5.4.      You expressly agree that you have sole responsibility for adequate protection and backup of data and/or equipment used by you in connection with the Services.

5.5.      You agree to provide us with access to your Application and/or other materials related to your use of the Services as reasonably requested by us to verify your compliance with the API Terms. You agree that we may crawl or otherwise monitor online Applications and you agree not to block or interfere with such efforts by the Airline.

5.6.      You agree to not exceed or circumvent the Use Limits. If you do exceed the Use Limits, additional requests will not be processed. If you anticipate exceeding the Use Limits, contact us and we can discuss your particular situation. The Airline may, at its sole discretion, choose to increase Use Limits in certain situations. Repeated violations of the Use Limits may result in revocation of your right to use the Service. The Airline reserves the right from time to time, and at its sole discretion, and without liability to you or any third party to change the Use Limits, by posting the amended Use Limits on the API Portal.

5.7.      You are solely responsible for Applications you have developed, and the Airline is not liable to you or any other party (including the End User) for damages of any sort resulting from use of the Applications. You indemnify, defend and hold harmless the Airline and our Affiliates from any and all losses, liabilities, fines, damages, costs and expenses including legal fees, judgment, interest and penalties arising from or in connection with the Applications.

5.8.      You are solely responsible for the quality of the technical solution you have developed using the Services, and the Airline is not liable to you or any other party (including the End User) for damages of any sort resulting from any decision by the Airline to reject your requests to the Services.

5.9.      You shall not engage in any ‘screen scraping’, any automated algorithm, device, method, system, software or manual process to access, use, search, copy, monitor or extract Data (in whole or in part) from or through any the Airline Website (including the API Portal). You shall take all reasonable steps to prevent third parties from screen scraping or the use of other automated data collection of the Licensed Data from your Application.

Publicity and trademark use

6.1.      You shall not use any reference to the Airline or our customers, the Airline Trademarks or our customer’s trademarks in any marketing, advertising or other publicity without the Airline’s prior written consent.

6.2.      The Licensee agrees that it will not create, acquire, license or support any internet keyword or search term which contains any of the Airline Trademarks.

6.3.      The Licensee agrees that it will not register any trademark, trade name, trade dress, service mark, or domain name that is identical to or confusingly similar to any of the Airline Trademarks.

6.4.      If the Airline grants you permission to use the Airline Trademarks such permission is limited to the materials approved in writing by the Airline and is subject to any other restrictions notified to you from time to time and is subject to the Licensee’s agreement not to:

alter the Airline Trademarks in any manner; or

  1. utilise the Airline Trademarks in any manner that would diminish their value or harm the reputation of the Airline.
  2. Intellectual Property

7.1.      All Intellectual Property Rights in the Services, the Airline Websites and the Airline Trademarks (‘Airline Materials’), shall be the sole property of the Airline or its licensors. As between the Parties, all right, title and interest in and to the Licensed Data is and will be solely owned by the Airline or its licensors.

7.2.      Except to the extent your Application contains Airline Materials, Airline claims no ownership or control over your Application. You guarantee that your Application (i) does not infringe any Intellectual Property Rights or other rights of a third party; and (ii) does not violate applicable laws and regulations. During the Term you grant us, our Affiliates and our service providers a royalty-free, non-exclusive, worldwide, irrevocable right and license, under all of your Intellectual Property Rights, to use the Application to perform our rights and obligations under these API Terms. Without prejudice to any of its other rights under this Agreement, if the Airline desires a license to use the Application for its own purposes, the Parties will enter into good faith negotiations to reach agreement on the terms of such license.

7.3.      The Parties may agree in writing to grant Intellectual Property Rights or licenses in connection with various promotional activities.

7.4.      The Licensee agrees and understands that the Airline may be evaluating similar proposals and/or transactions with other parties, including, but not limited to potentially competing companies, and may be considering, currently or in the future, internal developments similar to those being discussed by the Parties. Nothing in these API Terms shall restrict the right of the Airline to create, protect (whether by patent, trademark, copyright, trade secret or other means), procure or market any products or services, including, but not limited to those that may be competitive with those offered by you; provided, however, the Airline has not used the Licensee’s Confidential Information for such purposes. So long as the Airline has not used the Licensee’s Confidential Information in violation of these API Terms, the Licensee further agrees not to challenge or make claims against or to such Airline products or services.

7.5.      You understand and acknowledge that the Airline may be independently creating applications, content and other products or services that may be similar to or competitive with your Application and its content, and nothing in these API Terms will be construed as restricting or preventing Airline from creating and fully exploiting such applications, content and other items, without any obligation to you. All Intellectual Property Rights in these applications, content and other products or services shall be the sole property of the Airline and its licensors.

7.6.      If you elect to provide us with any feedback with regard to Airline Materials you assign all right, title and interest in and to such feedback to us, and acknowledge that we will be entitled to use, implement and exploit any such feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation or other duty to account.

7.7.      Each of the Parties understands and agrees that these API Terms are non-exclusive, and that each of the Parties may enter into similar agreements with third parties.

7.8.      These API Terms shall not be construed to limit either Party’s right to independently develop or acquire products or services without use of the other Party’s Confidential Information. Nothing in these API Terms deprives either Party of the ownership rights to any independently developed or received information.

Licence

8.1.      Subject to clause 8.4, the Airline grants, or shall have its third party licensors grant, Licensee a royalty-free, non-transferable, non sub-licensable, non-exclusive, revocable worldwide licence for the Term to copy, distribute, develop, enhance, publicly perform, publicly display and otherwise use the Licensed Data in connection with the Licensee’s products or services, solely as permitted by these API Terms. 

8.2.      Under the licence terms of clause 8.1, the Licensee may also modify or enhance the format, or manner of presentation of the Licensed Data. The Licensee is not permitted to modify or enhance the core content of the Licensed Data.

8.3.      In deviation of clause 8.1, the Licensee may grant a sub-licence to End Users to permit them to use and view the Licensed Data within your Application in connection with the use of the Licensee’s products or service.

8.4.      Nothing in these API Terms permits the Licensee to redistribute or permit the redistribution of the Licensed Data or to use any other data other than the Licensed Data.

8.5.      Licensed Data shall not be used or accessed by the Licensee for any purposes other than those expressly authorized by these API Terms or by the Airline via separate, prior written approval. The Licensee must not combine, associate, synthesize or reverse engineer the Licensed Data. In addition, the Licensee must not directly or indirectly engage in any of the following activities: (i) use or disclose Licensed Data in a way that may adversely affect the Airline, including any use by or disclosure to other airlines or third parties (e.g., the Licensee must never provide information relating to search patterns or statistics that are linked to or otherwise identify the Airline’s products or services), or (ii) any kind of commercialization, marketing, advertising, licensing or resale that is based on Licensed Data other than as expressly authorized by these API Terms (e.g., targeted advertising to consumers based on the Airline Trademarks). Nothing in these API Terms conveys any rights or interest in Licensed Data to the Licensee. 

8.6.      Without Airline’s prior written approval, the Licensee may not share, transmit or redistribute Licensed Data with or to or through other licensees, distributors, agents, intermediaries or entities, except for those that have been expressly approved in writing by Airline.

8.7.      In the event that the Licensee has cause to believe that any Licensed Data held or displayed by the Licensee is being accessed or used by third parties other than in accordance with these API Terms, the Licensee shall promptly notify the Airline and provide all reasonable assistance to identify and stop the method of such third party access.

Confidential Information

9.1.      The recipient of any Confidential Information will not disclose that Confidential Information except to its employees, professional advisors and, in case the Airline is the recipient its Affiliates, who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities use such Confidential Information only to exercise rights and fulfill obligations under these API Terms, while using reasonable care to protect it. The recipient may also disclose Confidential Information when required by law after giving reasonable notice to the discloser, if permitted by law.

9.2.      Upon the request of the disclosing Party at the termination or expiration of these API Terms or at any other time, the Party receiving any Confidential Information shall promptly return or destroy the Confidential Information of the disclosing Party and cease all further use of that Confidential Information.

9.3.      The Parties agree that information will not be considered Confidential Information to the extent, but only to the extent, that such information: (i) is already known to the receiving Party free of any confidentiality obligation at the time it is obtained; (ii) is or becomes publicly known through no breach of agreement or other wrongful act of the receiving Party; (iii) is rightfully received by the receiving Party from a third party without restriction and without breach of these API Terms; or (iv) is independently developed by the receiving Party without reference to the Confidential Information of the other Party, which can be demonstrated by written record.

Term and termination

10.1.   The Agreement will take effect on the date that your registration is complete and you receive the Key for a Service or access or use the Service and shall continue unless terminated by either Party on 30 calendar days’ written notice (the ‘Term’). We may notify you via email or via the API portal.

10.2.   Without prejudice to any of our other rights under these API Terms or at law, we may terminate the Agreement in part or in whole at any time for any reason, by discontinuing the availability of some or all of the Services. We may also impose limits on certain features of the Services or restrict your access to some or all of the Services. All of our rights in these Terms may be exercised without liability to you. Where reasonably possible the Airline will notify you 30 calendar days in advance via the API portal or via email.

10.3.   On expiry or termination of these API Terms:

  1. all rights and licenses granted to you will terminate immediately, and you will immediately cease to use the Services;
  2. you will promptly destroy the Airline Confidential Information in your possession or control;
  3. unless we agree otherwise in writing or as stated in these Terms, you must permanently delete all License Data.

Compliance and privacy

You will process and use the Licensed Data in accordance with all applicable laws (including but not limited to all applicable data protection and privacy laws) and the Governing Policies (including any relevant privacy policy).

Limitation of liability

The Airline and its Affiliates shall under no circumstances whatsoever be liable to you, whether in contract or tort, for any damages, resulting from or in connection with the Services. The foregoing limitation of liability shall not apply in the event that the damages result from the wilful intent or gross negligence of the executive management of the Airline. Our liability for damages due to loss of life or bodily injury remains unaffected by this. The limitations of liability in this clause apply to the fullest extent permitted by law.

Indemnity

13.1.   The Licensee will (except in respect of death of or injury to any person resulting from the negligence of the Airline) fully indemnify and keep fully indemnified (including in respect of legal costs and expenses) the Airline and its Affiliates, against all claims, demands, proceedings, damages, costs, charges, losses and expenses of whatever nature caused by breach of these API Terms by the Licensee.

Other

14.1.   Licensee may not assign, sub contract or otherwise transfer any of its rights and obligations under the API Terms to any third parties (including Affiliates), without the prior written consent of the Airline, which consent may not be unreasonably withheld.

14.2.   Licensee agrees that (i) Air France may assign or otherwise transfer any of its rights and obligations under these API Terms (in whole or in part) to KLM, and vice versa; and (ii) the Airline may assign, sub contract or otherwise transfer any of its rights and obligations under these API Terms (in whole or in part) to any third parties (including Affiliates).

14.3.   No delay or failure by either Party to exercise any of its powers, rights or remedies under the API Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.

14.4.   If any part of the API Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from the remainder of the API Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

14.5.   Nothing in the API Terms is intended to confer any benefit on any third party or any right to enforce a term contained in the API Terms.

14.6.   These API Terms shall be governed by and construed in accordance with Dutch law and you irrevocably agree to submit to the exclusive jurisdiction of the competent Court in Amsterdam, the Netherlands.