1.1 In these Terms and Conditions, the following terms shall have the meaning set out below:
1.1.1 “Addendum” means the addendum, if any, entered into between Etihad and Business that incorporates these Terms and Conditions.
1.1.2 “Administrator” has meaning set out in clause 2.3.1.
1.1.3 “Affiliate” means in relation to an entity, any entity or person that controls, is controlled by, or is under common control with that entity. “Control” means the beneficial ownership of more than fifty percent (50%) of the issued share capital of an entity or the legal power to direct or cause the direction of the general management of the entity.
1.1.4 “Agreement” means these Terms and Conditions and the Addendum(if any).
1.1.5 “Ancillaries” has the meaning set out in clause 4.1.2.
1.1.6 “Applicant” has the meaning given in the introduction to these Terms and Conditions.
1.1.7 “Appointed Travel Agent” means a travel agent nominated by Member through the Members’ Portal or notified by Member to the Member’s Etihad account manager in writing.
1.1.8 “Award Date” has the meaning set out in clause 5.3.
1.1.9 “Business” has the meaning given in the introduction to these Terms and Conditions.
1.1.10 “CCI Number” means the number assigned to the Member by Etihad, and notified to the Member by Etihad as the CCI Number on or shortly after becoming a Member.
1.1.11 “Confidential Information” has the meaning set out in clause 13.1.
1.1.12 “DAA” has the meaning set out in clause 12.3.
1.1.13 “Data Aggregation Provider” has the meaning set out in clause 12.3.
1.1.14 “Discounted Air Fares” has the meaning set out in clause 7.3.1.
1.1.15 “Effective Date” means the date on which the Terms and Conditions are accepted by Business, or the Addendum is executed by both Parties (as applicable).
1.1.16 “Eligible Entities” means all commercial businesses, government bodies, NGOs or charities, including companies, partnerships or other corporate bodies. Eligible Entities does not include: (i) any entities that Etihad determines are ineligible as a result of being a recipient of discounts, rebates, vouchers, free tickets or other incentives or rewards outside of Etihad For Business; (ii) entities that are Affiliates or branches of an existing Member; or (iii) travel agencies, tour operators, consolidators, ticket brokerage firms or similar entities whose business is acting as an agent for the purchase of tickets for customers.
1.1.17 “Eligible Flights” means Etihad Flights flown by Eligible Travelers for the business purposes of the Member. For the avoidance of doubt, Eligible Flights does not include: (i) flights booked by Members on behalf of their customers or a third party where that third party is not: (a) in the Member Group, or (b) an Eligible Traveler; (ii) charter flights; and (iii) flights under the following fares: marine fares, fares offered under a discount (other than discounts offered as part of Etihad For Business) such as industry (including agency discount, industry discount or interline tickets), student, group, promotional, free or reward fares, and any other fares that are notified as not being an Eligible Flight at the time of booking.
1.1.18 “Eligible Spend” has the meaning set out in clause 4.1.
1.1.19 “Eligible Travelers” means: (i) Member Personnel; (ii) in relation to Relocation Flights, family members of Member Personnel; and (iii) any other categories of individuals identified as Eligible Travelers in the Addendum. For the avoidance of doubt, Eligible Travelers does not include Member’s customers.
1.1.20 “Etihad” has the meaning given in the introduction to these Terms and Conditions.
1.1.21 “Etihad Flights” means Etihad operated and marketed flights only ticketed on Etihad tickets (identified by a ticket number beginning 607). For the avoidance of doubt, Etihad Flights does not include codeshare flights operated by other airlines.
1.1.22 “EYB Credits” means credits that may be applied to a Member’s account in accordance with clause 5.
1.1.23 “EYB Rewards” has the meaning set out in clause 6.1.
1.1.24 “Member” has the meaning given in the introduction to these Terms and Conditions.
1.1.25 “Member Affiliates” means Affiliates of Member that, if the Member has a travel policy, are governed by the same business travel policy as the Member.
1.1.26 “Member Group” means the Member, Member’s branch offices and Member Affiliates.
1.1.27 “Member Personnel” means employees, contractors, directors and other personnel of the Member Group.
1.1.28 “Members’ Portal” means the online portal available at www.etihadforbusiness.com.
1.1.29 “Member Tier” means the tier set out in the Addendum or, if the Member does not have an Addendum, as notified to the Member in writing from time to time.
1.1.30 “Party” means Etihad or Business, and “Parties” means Etihad and Business.
1.1.31 “Relocation Flights” means flights undertaken for the purpose of relocating Member Personnel or their family members for business purposes of the Member.
1.1.32 “Term” means the period that begins on the Effective Date until the date on which the Agreement terminates in accordance with clause 10.
1.1.33 “Tier Rewards” has the meaning set out in clause 7.1.
1.2 Interpretation.
1.2.1 In the event and to the extent of any conflict or inconsistency between the following terms, the following order of precedence shall apply:
(a) Conditions of Carriage;
(b) other terms and conditions for EYB Rewards applicable in accordance with clause 6.2;
(c) Addendum; and
(d) these Terms and Conditions.
1.2.2 The following rules of interpretation apply to this Agreement:
(a) clause headings shall not affect the interpretation of this Agreement;
(b) unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;
(c) a reference to a URL is a reference to that URL or to such other URL as determined by Etihad from time to time;
(d) a reference to a statute, statutory provision or other legal instrument, or Etihad policy, is a reference to it as amended, extended or re-enacted from time to time; and
(e) any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.