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Page 1: ¼ H[FO 9DW - yStats.com · (incl. Travel), in %, Q3 2010 • Most reliable Sources of Information when Planning a Trip (incl. Online), in %, 2011 4.12 Greece • Goods and Services

€ 950 (excl. Vat)€ 1,425 (excl. Vat)€ 1,900 (excl. Vat)

Page 2: ¼ H[FO 9DW - yStats.com · (incl. Travel), in %, Q3 2010 • Most reliable Sources of Information when Planning a Trip (incl. Online), in %, 2011 4.12 Greece • Goods and Services

yStats.com GmbH & Co. KG Behringstr. 28a, 22765 Hamburg

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Global Online Travel Report 2012

Key Findings

Company and Product Information

Covering 37 countries worldwide

• The trend of booking trips online is expected to grow further in 2012, especially in emerging markets such as China, India and Brazil.

• In 2012, the “Online Travel Segment” is forecast to represent almost a third of the total global travel market value.

• Online travel sales in the US are forecasted to increase by slightly more than +10% in 2012 compared to 2011.

• The UK is projected to remain the largest share of Europe’s online travel market in 2013, followed by Germany and France.

• Gross bookings on the Asia Pacific online leisure/ unmanaged business travel market are expected to increase by slightly more than +30% in 2012 compared to 2010.

About our Reports

Market reports by yStats.com inform top managers about recent market trends and assist with strategic company decisions

A list of advantages• yStats.comprovidessecondarymarketresearch:Byusingvarioussourcesofinformationweensure maximum objectivity for all obtained data. As a result companies get a precise and unbiased impression of the market situation.• Theanalyses,statisticalreportsandforecastsareonlybasedonreliablesourcesincludingnationaland internationalstatisticaloffices,industryandtradeassociations,businessreports,businessandcompany databases, journals, company registries and news portals.• OurinternationalemployeesresearchandfilterallsourcesandtranslaterelevantinformationintoEnglish. This ensures that the content of the original studies is correctly interpreted.• yStats.comdeliversallresearchresultsasPowerPointfiles.Alldatacanthereforebeuseddirectlyforboard presentations or be individually adapted. • Ifrequired,yStats.comprovidesin-depthanalysisforallresearchprojects.Simplysendusarequest.

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Page 3: ¼ H[FO 9DW - yStats.com · (incl. Travel), in %, Q3 2010 • Most reliable Sources of Information when Planning a Trip (incl. Online), in %, 2011 4.12 Greece • Goods and Services

• Trends in Online Travel, 2012

• Global Online Travel Segment Value, in USD billion and Growth in %, 2010 & 2012f

• Breakdown of the total Global Travel Market Value intoOnlineandOffline,in%,2012f

• Breakdown of Global Online Travel and Tourism Sales into Supplier Websites and Online Travel Agencies, in %, 2010

• Online Travel Market Values, in selected Countries, in USD billion, 2010

• UniqueTravelSiteVisitors,inmillions,February2010-February 2011

• Breakdown of Travel Site Visitors, by Region, in %, February 2011

• OnlineTravelCategoryReachamongUniqueVisitors, by selected Countries, in %, February 2011

• UniqueTravelSubcategoryVisitors,bySubcategory,in millions, February 2011

• Composition of Travel Website Visitors and total Internet Users, by Age, in %, February 2011

• Composition of Travel Website Visitors, by Region and by Age, in %, February 2011

• Top Markets by Reach of Online Airlines Category, in %, February 2011

• Top Markets by Growth in Reach of Online Airlines Category, in %, February 2010 & February 2011

3.2 USA (Top Country) (cont.)

• Websites used for Comparing and Choosing Leisure Travel Products, in %, April 2011

• Travel Products Booking Methods for Air Travel (incl. Online), in %, April 2011

• Travel Products Booking Methods for Lodging (incl. Online), in %, April 2011

• Mobile Leisure/ Unmanaged Business Travel Gross Bookings, in USD billion, 2011 & 2013f

• Travel Products considered for Booking on Mobile Devices, in %, 2011

• Breakdown of Purchase Maximum for Travel Booking on a Mobile Device, in %, 2011

• Travel Websites deriving Visitors from Google, in %, 2011

2. GLOBAL

1. MANAGEMENT SUMMARY

3.3 Canada

• Online Travel Category Reach and Airline Category ReachamongUniqueVisitors,byselectedCountries,in %, February 2011

• Online Travel Websites by Popularity, in % of Visits, the Week ending March 3, 2012

3. AMERICA (cont.)

3.1 North America: Regional

• Composition of Visitors to Low-Cost Airlines Websites by Age Segment, in %, February 2011

3. AMERICA

3.4 Argentina

• Online Travel Market Trends, 2009-2011• Product Categories (incl. Travel) by B2C

E-Commerce Sales in ARS million, in 2009 & 2010

3.5 Brazil

• Websites used for Comparing and Choosing Leisure Travel Products, in %, April 2011

• Travel Products Booking Methods for Air Travel (incl. Online), in %, April 2011

• Travel Products Booking Methods for Lodging (incl. Online), in %, April 2011

• Frustrations when Booking Travel Products Online, in %, April 2011

3.2 USA (Top Country)

• Social Media Trends in Online Travel, 2012 • Online Travel Sales, in USD billion, 2011 & 2012f• Breakdown of the Travel Market (incl. Online), in %,

2013f• Online Travel Researchers and Online Travel Bookers,

in millions and in % of Internet Users, 2009-2012f• Travel Segments booked Online, in %, 2011

3.6 Colombia

• Travel&SubcategoriesbytotalUniqueVisitorsinthousands & Change in %, June 2010 vs. June 2011

• Top10TravelSitesbytotalUniquethousandVisitorsand Average Minutes, June 2011

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Global Online Travel Report 2012

Table of Contents (1 of 5)

Page 4: ¼ H[FO 9DW - yStats.com · (incl. Travel), in %, Q3 2010 • Most reliable Sources of Information when Planning a Trip (incl. Online), in %, 2011 4.12 Greece • Goods and Services

4.1 Europe: Regional

• Breakdown of Online Leisure/ Unmanaged Business Share of Gross Bookings, by Country, in %, 2010 & 2013f

• Online Travel Agency Bookings, in EUR billion and Growth %, 2010 & 2011

• Breakdown of the Travel Market into Online Travel andOfflineTravel,in%,2013f

• Percentage of Travelers Booking Online, by Country, in %, 2011

• Composition of Visitors to Low-Cost Airlines Websites by Age Segment, in %, February 2011

• Top 10 Markets by Online Reach of Travel Properties, in % and % Change vs. one Year ago, April 2011

• Top10OnlineTravelPropertiesbyTotalUniqueVisitors, in thousands and % Change vs. one Year ago, April 2011

4. EUROPE (cont.)

4.3 Germany (Top Country)

• Online Travel Market Trends, 2011 & 2012• Travel Sector Revenue, divided into Online and

OfflineRevenue,inEURbillion,2006-2011f• Share of Individuals ever having searched for

Travel-related Information Online, in %, January 2001-January 2011

• Share of Individuals ever having booked Travel Online, in %, January 2001-January 2011

• Type of Travel-related Information searched by Online Travel Information Searchers, in %, January 2006 & January 2011

• Travel Category booked Online by Online Travel Bookers, in %, January 2006 & January 2011

• Share of Internet Users ever having booked overnight Accommodations Online, by Type of Accommodation, in %, 2011

• Websites used for Comparing and Choosing Leisure Travel Products, in %, April 2011

• Top Online Travel Providers, by Revenue, in EUR million, 2010 and in % Growth compared to 2009

• Travel Products Booking Methods for Air Travel (incl. Online), in %, April 2011

• Travel Products Booking Methods for Lodging (incl. Online), in %, April 2011

4.2 UK (Top Country)• Online Travel Market Trends, 2011 & 2012

• Online Shopping Product Category Sales (incl. Travel), in % Change, December 2011- January 2012 & January 2011-January 2012

• Online Travel Sales Growth, in % from previous Month, January 2011-January 2012

• Online Activities (incl. Travel), in % of Internet Users, 2011

• Goods and Services bought Online (incl. Travel), in % of Internet Users, 2011

• Main Holiday Travel Booking Methods (incl. Online), in %, 2012f

• Travel Research Methods (incl. Online), in %, 2012f• Breakdown of Primary Topics raised by Travel-Site

Visitors, in %, 2011• Breakdown of User Experience Issues of Travel Site

Visitors, in %, 2011 and Breakdown of Product Issues of Travel Site Visitors, in %, 2011

• Websites used for Comparing and Choosing Leisure Travel Products, in %, April 2011

• Travel Products Booking Methods for Air Travel (incl. Online), in %, April 2011

• Travel Products Booking Methods for Lodging (incl. Online), in %, April 2011

• Travel-related Activities of Mobile Internet Users, in %, 2011

4. EUROPE

4.4 France (Top Country)• Online Travel Trends, 2011

• Online Travel Sales, in EUR billion and Growth in %, 2010 & 2011

• B2C E-Commerce Sales by Sector (incl. Travel), in EUR billion, 2011

• Goods and Services purchased Online (incl. Travel), in % of Internet Users, 2011

• Travel Goods and Services purchased by Online Travel Shoppers, in %, 2011

• Top 5 Travel B2C E-Commerce Sites in France, byUniqueVisitors,Q12011

4.5 Austria• Online Travel Trends, 2010 and Online Travel Sales,

in EUR million, 2009-2010

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Global Online Travel Report 2012

Table of Contents (2 of 5)

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4.9 Denmark

• Goods and Services (incl. Travel) Purchased on the Internet, in % of Online Shoppers, 2010

• B2C E-Commerce (incl. Travel) by Product and Region, in % of Internet Shoppers,12 Months to September 2011

• Breakdown of Vacation Booking Methods (incl. Online), in %, 2011

4. EUROPE (cont.)

4.10 Estonia

• Goods and Services Purchased Online (incl. Travel), in%ofOnlineShoppers,2010&Q12011

• Online Activities of Internet Users (incl. Travel), byPopularity,in%,Q12011

4. EUROPE (cont.)

4.6 Belgium• Trips and Vacations booked Online, by Age Groups,

in %, 2011• Online Booking of Tourist Accommodations, by

Age Groups, in %, 2011• Other Travel-related Expenditures of Internet Users

(Plane Tickets, Car Rental etc.), by Age Groups, in %, 2011

• Internet Users using Travel-related Services Online, by Age Groups, in %, 2011

4.7 Croatia• Purpose of Internet Usage by Individuals

(incl.Travel),in%,Q12011• Internet Purchases of Individuals, by Product

Categories(incl.Travel),in%,Q12009-Q12011

4.8 Cyprus• Internet Purchases of Individuals, by Product

Categories(incl.Travel),in%,Q12011• Online Activities of Internet Users (incl. Travel), by

Popularity,in%,Q12011

4.11 Finland

• B2C E-Commerce Sales by Product Category (incl. Travel), in EUR million, 2010

• B2C E-Commerce per Product Category (incl.Travel),in%,Q32010

• Most reliable Sources of Information when Planning a Trip (incl. Online), in %, 2011

4.12 Greece

• Goods and Services purchased Online (incl. Travel), in % of Internet Shoppers, April 2009-March 2010

4.13 Iceland

• Goods and Services bought Online (incl. Travel), in % of Internet Users, 2011

• Online Activities (incl. Travel), in % of Internet Users, 2011

4.14 Italy

• Goods and Services bought Online (incl. Travel), in % of Internet Shoppers, 2011

• Online Activities (incl. Travel), in % of Internet Users, 2010 & 2011

4.16 Lithuania• Online Activities (incl. Travel), in % of Internet

Users, 2011

4.15 Latvia• Online Activities (incl. Travel), in % of Internet

Users, 2011

4.17 Luxembourg• Share of Online Travel Arrangements, in % of

Total Travel Arrangements, 2001-2010• Type of Travel-related Internet Usage, in %,

2001-2010

4.18 Malta• Internet Activities (incl. Travel), in % of Internet

Users, 2010• Goods and Services bought Online (incl. Travel), in %

of Internet Users, 2010

4.19 Netherlands• Goods and Services bought Online (incl. Travel),

in%offrequentOnlineShoppers,2010• Breakdown of Travel Website Subcategories, in %,

April 2011• Top10TravelSitesbytotalUniqueVisitors,in

thousands, April 2011

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Global Online Travel Report 2012

Table of Contents (3 of 5)

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4.22 Slovakia

• Goods and Services bought Online (incl. Travel), in % ofOnlineShoppers,Q12011

4. EUROPE (cont.)

4.23 Slovenia

• Online Activities of Internet Users (incl. Travel), in %, 2011

• Goods and Services bought on the Internet (incl. Travel), in % of Internet Shoppers, 2011

4. EUROPE (cont.)

4.24 Spain

• Top Online Companies in “Travel & Tourism”, in %, 2010

4.25 Sweden

• Online Activities of Internet Users (incl. Travel), byPopularity,in%,Q12011

• Goods and Services bought on the Internet (incl. Travel), in % of Internet Shoppers, April 2010-March 2011

4.26 Switzerland

• Growth of B2C E-Commerce Sales, by Category (incl. Travel), in %, 2010

• Online Activities (incl. Travel), in % of Internet Users, 2010

4.27 Turkey• Internet Activities of Individuals (incl. Travel), in %,

January-March 2011

4.20 Norway• Goods and Services bought Online (incl. Travel),

in%,12MonthstoQ22011• Online Activities of Internet Users (incl. Travel),

in%,Q22011

4.21 Russia• Websites used for Comparing and Choosing Leisure

Travel Products, in %, April 2011• Travel Products Booking Methods for Air Travel

(incl. Online), in %, April 2011• Travel Products Booking Methods for Lodging

(incl. Online), in %, April 2011

5. ASIA

5.1 Asia Pacific: Regional

• Online Travel Market, in USD billion and Breakdown oftheAsiaPacificTravelMarket,in%,2010

• Online Leisure/ Unmanaged Business Travel Market Gross Bookings, in USD billion, 2010 & 2012f

• Online Hotel Booking Revenue Growth, in %, 2010-2012f

• Online Audience Reach of Travel Websites, in %, October 2010

• TravelCategoryShareoftotalMonthlyUniqueInternetVisitors,byCountry,in%,Q12011

• CompositionofUniqueVisitorsintheTravelCategory,byCountry&AgeGroup,in%,Q12011

• UniqueLowCostAirlineWebsitesVisitors,inthousands and Change in %, February 2010 vs. February 2011

• Composition of Visitors to Low-Cost Airlines by Age Segment, in %, February 2011

5.2 Japan (Top Country)• Online Travel Market Trends, 2011• Audience Reach of Travel Websites, in %, October

2010 and Travel Category Share of total Monthly UniqueInternetVisitors,in%,Q12011

• BreakdownofUniqueVisitorsintheOnlineTravelCategorybyAgeGroup,in%,Q12011

5.3 China• Online Travel Trends, 2011• Online Travel Booking Transaction Size, in RMB billion

and Growth in %, 2009-2015f• Online Travel Agency Revenue, in RMB billion and

Growthin%,Q12010-Q32011• Breakdown of Online Travel Agency Market Share,

in%,Q32011

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Global Online Travel Report 2012

Table of Contents (4 of 5)

Page 7: ¼ H[FO 9DW - yStats.com · (incl. Travel), in %, Q3 2010 • Most reliable Sources of Information when Planning a Trip (incl. Online), in %, 2011 4.12 Greece • Goods and Services

5.4 India

• Online Travel Market Trends, 2011 & 2012• Online Travel Market, in USD billion, 2011 & 2012f• Online Travel Industry, in INR billion and Growth

in %, 2007-2011f• Breakdown of B2C E-Commerce Sales into Travel,

Products and Other Sales, in %, December 2011f• MostpopularOnlineTravelProducts,in%,Q22011• Travel Products Booking Methods for Air Travel

(incl. Online), in %, April 2011• Travel Products Booking Methods for Lodging

(incl. Online), in %, April 2011• LeadingOnlineTravelWebSites,byUniqueVisitors,

in thousands, April 2010 & April 2011• Websites used for Comparing and Choosing Leisure

Travel Products, in %, April 2011

5.5 South Korea

• E-Commerce by Products and Services (incl. Travel), in KRW billion and in %, 2009 & 2010

• E-Commerce by Products (incl. Travel), in KRW billion andin%,Q22010,Q12011&Q22011

6. AUSTRALIA• Online Shopping Product Categories by Popularity

(incl. Travel), in %, June 2011

• IncreaseinTraffictoTravelWebsitescomparedtoIncreaseinallInternetTraffic,in%,2010

5. ASIA (cont.)

7. MIDDLE EAST

7.1 Middle East: Regional

• Online Travel Market Trends, 2011

• Online Travel Ticket Sales, in % of total Travel Ticket Sales, 2011 & 2015f

8.1 South Africa

• Online Travel Market Trends, 2011

8. AFRICA

• Online Travel Player News about Expedia, including worldwide Revenue, in USD billion, 2011

• Online Travel Player News about Priceline, including worldwide Revenue, in USD billion, 2011

• Online Travel Player News about Orbitz, including worldwide Revenue, in USD million, 2011

• Online Travel Player News about Emirates

• Online Travel Player News about TUI Travel

• Online Travel Player News about Thomas Cook, including Revenues by Region, in GBP billion and million, 2011

• Online Travel Player News about Google

• Online Travel Player News about BookinTurkey

• Online Travel Player News about Ctrip, including worldwide Net Revenue, in RMB billion, 2011

• Online Travel Player News about Kayak

• Online Travel Player News about MakeMyTrip, including Net Revenue, in USD million, 2011

• Online Travel Player News about Odigeo

• Online Travel Player News about Travelocity

• Online Travel Player News about Webjet, including worldwide Revenue, in AUD million, Fiscal Year 2011

• Online Travel Player News about Yatra, including Gross Turnover, in USD million, 2011

9. ONLINE PLAYER TRAVEL NEWS

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Table of Contents (5 of 5)

Page 8: ¼ H[FO 9DW - yStats.com · (incl. Travel), in %, Q3 2010 • Most reliable Sources of Information when Planning a Trip (incl. Online), in %, 2011 4.12 Greece • Goods and Services

We deliver the facts – you make the decisionsRESEARCH ON INTERNATIONAL MARKETS

47%

55%

57%

36%

57%

53%

42%

31%

30%

12%

14%

30%

21%

7%

7%

77%

0% 20% 40% 60% 80% 100%

Doing an Online Course

Taking Part in Online Consultations or voting on civic or political Issues

Professional networking using Websites such as LinkedIn

Reading or posting Opinions on civic or political Issues

Telephoning or making Video Calls (via Webcam) over the Internet

Downloading Software (other than Games Software)

Looking for a Job or sending a Job Application

Selling Goods or Services over the Internet

Looking for Information about Education, Training or Courses

Seeking Health related Information

Consulting Wikis to obtain Knowledge in any Subject

Reading or downloading Online News, Newspapers or Magazines

Internet Banking

Social Networking, eg on Facebook or Twitter

Using Services related to Travel and Accommodation

Finding Information about Goods and Services

66

In 2011, 57% of British Internet users used the Internet for “Services related to Travel and Accommodation”.UK: Online Activities (incl. Travel), in % of Internet Users, 2011

Source: Office for National Statistics, 2011

We deliver the facts – you make the decisionsRESEARCH ON INTERNATIONAL MARKETS

4747

Especially younger travelers in Argentina like to book their trips online, but travel-related Internet use is spreading in all age groups. Argentina: Online Travel Market Trends, 2009-2011

Source: European Travel Commission, April 2011

Even though Internet usage in relation to travel has grown intensively in Argentina, both in terms of obtaining informationand making bookings, 90% of travelers departing in Argentina booked their trip or parts of it through travel agencies in 2009.

Especially younger travelers in Argentina like to plan and book their flights and accommodation online, while travelers aged35 and older with more financial means like prefer to use travel agencies, because they do not trust the Internet and requirepermanent personal contact with the travel agent. However, travel-related Internet usage is spreading in all age groups andsocial layers.

Another trend among Argentine travelers is researching their desired trip online and then contacting a travel agency to checkthe availability of better deals.

When it comes to finding information about travel, Argentine travelers ask their families and friends, go to travel agentsand use the Internet. While travelers taking organized tours primarily rely on their travel agencies, independent travelers usethe Internet in addition to recommendations from their family and friends and press articles.

Tourism organization websites, travel guide books and information centers are regarded as being reliable sources ofinformation, but are not used as much as printed brochures and TV travel programs. Furthermore, transport companywebsites, social networking sites, video sharing sites, travel blogs and forums are used as sources of travel-relatedinformation by Argentine travelers.

46% of travelers in Argentina consider web 2.0 sites as quite important, with Facebook in the lead allowing travelers to sharephotos with their friends.

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Global Online Travel Report 2012

Samples

Page 9: ¼ H[FO 9DW - yStats.com · (incl. Travel), in %, Q3 2010 • Most reliable Sources of Information when Planning a Trip (incl. Online), in %, 2011 4.12 Greece • Goods and Services

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Global Online Travel Report 2012

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Global Online Travel Report 2012

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3.6 All customers‘ rights of retention or set-off are hereby excluded to the extent that they are not based on the same contractual relationship. Retentions or set-offs are allowed only if the customer‘s claim is nondisputed or has become unappeasable.

3.7 In the event of a customer‘s default in payment or other apparent credit unworthiness, all remaining claims against that customer shall become immediately due and payable in full. We shall then be entitled to rescind payment terms previously agreed upon and to demand payment in advance or other appropriate security with respect to pending deliveries. A customershallbedeemedunworthyofcreditinparticularwhenhefilesapetitioninban-kruptcy or composition proceedings.

4. INTELLECTUAL PROPERTY RIGHTS AND INDEMNITIES4.1 All copyrights and other intellectual property rights in connection with our Products remain

with us. All data carriers remain our property. The customer may not modify, publish, trans-mit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Products made available by us, in whole or in part, except as expressly permitted under the Contract.

4.2 Upon delivery of the Products to the customer and payment of the agreed fee, the customer obtains a non-exclusive, non-transferable, perpetual, worldwide right to use the Products provided to the customer for its internal purposes or any additional purposes set out in the OrderForm.ArighttoresellourProductsrequiresourpriorwrittenapproval.

4.3 In the event that the parties agree on a “Single User License” under the Order Form, this means that only one individually named user of an organization shall be entitled to access the report. In the event that the parties agree on a “Site License” under the Order Form, this meansthatalluserswithinagivengeographicallocation(asspecifiedintheOrderForm)of an organization shall be entitled to access the report. In the event that the parties agree on a “Global Site License”, this means that all worldwide users of an organization shall be

entitled to access the report. In both cases, the term “organization” refers to the company of thespecificcustomeronlyandexcludesanythirdpartiesincludingaffiliates.

4.4 We must expressly be named as the author of any data the customer processes further as contractually negotiated.

5. TECHNICAL INFORMATION5.1 We shall provide our Products in standardized data formats.5.2 The customer must ensure that he has the corresponding technical resources to make use of

these data. The customer may not derive any claims in this connection on grounds of breach of obligation.

6. DEFECTS AS TO QUALITY6.1 Noclaimsfordefectsastoqualityaretriggeredbyinsignificantdiscrepanciesbetweenour

productsandservicesandthewarrantedqualityorfitnessforuse.6.2 Likewise,noclaimsfordefectsastoqualitymaybederivedfromentrepreneurialrisks–

e.g.,withregardtoquestionsofentrepreneurialdiscretion,anerroneousassessmentofthemarket situation or the failure to recognize a business action’s merit.

6.3 Defect-based claims are further excluded in cases of excessive or improper use or in connec-tionwithdamagescausedbyextraordinaryconditionsnotreflectedintheOrderForm.Thisisalsotrueincasesofsubsequentchangesmadebythecustomersorthirdpartiesunlesssuch changes do not affect the analysis and removal of a given defect.

6.4 Claimsfordefectsastoqualityexpirewithinoneyearfromthecommencementofthelegalstatute of limitation. This limitation does not apply to the extent that applicable law stipu-lates a longer period in cases of intentional or grossly negligent breaches of duty on the part of us, fraudulent concealment of a defect and injuries to life, body and health.

6.5 Claims for damages and the reimbursement of expenditures are further subject to Section 8.7. LEGAL DEFECTS7.1 We are liable for products and services infringing on third-party rights only if and to the

extent that our products and services are used in accordance with the agreed contractual requirements.

7.2 Unless agreed otherwise, our liability for the infringement on third-party rights is limited to the territory of the European Union and the European Economic Area as well as the place of its services’ proper use as agreed under the applicable Order.

7.3 In the event that a third party asserts claims against the customer, alleging that a service performed by us violates its rights, the customer shall promptly notify us. If a service rendered by us violates thirdparty rights, we shall choose one of the below actions, duly taking into consideration the customer’s interests:

a) procuring for the customer the right to use the service; b) revising the service to render it free of legal violations; or c) withdrawing the service and refunding to the customer any related compensation paid,

asadjustedbyanadequateuserfee,ifwecannoteffectanotherremedyatareasonableexpense.

7.4 Uponourrequest,theCustomershallassistuswiththedefenseagainstclaimsaccordingtothis section 7, with us reimbursing the Customer for any expenditures and costs incurred as a result, although each of the Parties bears the costs of the use of its own personnel.

7.5 Claims the Customer may hold for legal defects expire in accordance with Section 6.4.7.6 Claims for damages and the reimbursement of expenditures are further subject to Section 8.8. LIABILITY8.1 In cases of intentional misconduct and gross negligence, we are fully liable pursuant to

applicable law.8.2 Our liability in cases of simple negligence is limited as follows: we are liable only if and to

theextentthatweviolatedamaterialcontractualobligation(cardinalobligation)–i.e.,anobligation that (i) the Customer reasonably relied upon at execution of the applicable Order Formand(ii)wasofcriticalsignificancetotheoutcomeofperformance.Asregardspropertydamageandfinancialloss,suchliabilityislimitedtotypicalandforeseeabledamages;innoeventwillwebeliableforanyincidental,special,punitiveorconsequentialdamages,lossofprofitsorlossofdatainsuchcase.

8.3 Our liability for damages under warranties (Beschaffenheitsgarantien) is limited to instances in which the warranty expressly includes such liability.

8.4 Claims for the reimbursement of expenditures and other liability claims asserted by the Customer against us are subject to sections 8.1 through 8.3.

9. CONFIDENTIALITY9.1 ThePartiesshallholdinstrictconfidenceforanindefiniteperiodoftimealldataand

information materials of which they gain knowledge as part of a Contract, be it orally, in writing or otherwise, directly or indirectly, provided that such data or information materials aredesignatedconfidentialormustbeconsideredconfidentialbasedontheirnature,andshall use them exclusively as part of the services covered by the relevant Order. This duty of confidentialityexcludesdataandinformationmaterialsthat:

a) were already known or accessible to any third party at the time of disclosure; b) one of the parties legitimately receives from a third party following disclosure, and such

thirdpartyisnotboundbyadutyofconfidentialityinrelationswiththeotherParty; c) must be disclosed by order of and to a government agency or another competent third

party; and d)mustbedisclosedtolegalortaxadvisorsofthecontractualcustomerinquestionfor

consulting purposes. In the cases of Sections c) and d), the parties shall (i) promptly inform each other about a

givenrequestandpriortodisclosingconfidentialinformation,and(ii)limitthedisclosureofconfidentialinformationtotheminimumrequired.

9.2 We may use the Customer as a reference so long as no contractual details are divulged.10. JURISDICTION, GOVERNING LAW, MISCELLANEOUS10.1 Place of payment is Hamburg, Germany.10.2 All disputes arising from or in connection with any Contract between the parties shall be

resolved through the courts of Hamburg. Governing law is German law.


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