§1 General Provisions
§2. Services rendered by the Website Owner.
(1) This online-site is a site for trade of the tourist services for the Tour Operators and Tourists for the purposes of organizing the leisure arrangements. This site comprises an integrated and automatic connection system for the purposes of simplifying the connection between the Tour Operators and tourists as well as numerous functional features of management of and control over all current business operations.
(2) The services of the Website Owner shall comprise the following:
(a) providing an option to use the online-platform in accordance with the rights of the User as set in §3;
(b) option to hold negotiations and conclude transactions as set in §4;
(c) creation of options for exchange of the information and communication between the Users and the contracting parties respectively;
(d) advice and support of the User upon separate agreement with the Website Owner;
(3) If no other conditions are agreed, the support of the software necessary for rendering the services is allocated at the site of the company and belongs to the company.
§3 Access and entry to the online-site
(1) The use of the online-site shall be subject to granting the access permission by the owner of the Website Owner. The right to use the site shall not be guaranteed.
The fee which the Tour Operator is to pay shall comprise the charge of 15% of the price of each excursion sold. This amount is inclusive of VAT set by the law.
(3) The User agrees that the accounting information shall be kept as a proof and/or within the storage obligation.
(4) The tourists in the course of reservation shall submit in the process on themselves and main customer of the guide (name and surname, postal address, e-mail address, as well as information required for payment of the guide).
(5) The User warrants that the information provided by him, in particular the information specified by him within his application for obtaining the access according to the paragraph 2 in relation to A and other User shall be true and complete. The User shall immediately inform A on all future changes of the information submitted.
(7) All names of the User are individual and may be used only by the respective authorized User. The User is obligated to keep in secret his User name and password, as well as preserve them from unauthorized access of third parties. The User shall be also liable for preserving in secret names of the users of the employees and is obligated to provide respective instructions to his employees. In case of suspicion of unlawful use of the third parties the User shall immediately inform the Website Owner. Once the Website Owner learns of unlawful use, he shall block the access of the unauthorized user. The Owner of the Website shall be entitled to change the User name and the password, in such a case he shall immediately inform the User thereof.
§ 4 Entry into agreements at the online site.
(1) The Tour operators may offer their tourist services via online-catalogue of the online-site. The application on inclusion into the catalogue shall be binding according to the article 145 of the German Civil Code. The tourists may accept the services offered by the Tour Operators directly when performing reservation in online-mode.
(2) Application on reservation of a certain excursion sent by a tourist shall be a binding acceptance of the respective offer.
(3) Upon receipt of the application on reservation from the tourist, the Tour Operator shall send confirmation of reservation as well as if required a guarantee certificate according to Article 651 of the German Civil Code. He therefore shall use an integrated connection system of the online-site.
(4) The Tour Operator may rescind the agreement on the provided tourist services within 7 days due to a good reason, like, for example, lack of possibility to render the service ordered by the tourist in the desired time. He therefore shall use an integrated connection system of the online-site.
(6) All will expressions made with the use of the respective name of the user may be propitious or unpropitious for the User safe for the cases where the receiver of the will expression is aware of lack of the right to make a will expression.
(7) For all transactions at the online-site the time used by the system of the online-site of the respective site shall be exclusively applied.
(8) The Website Owner shall reserve the right to modify or make additions to the contents and the structure of the online-site, as well as to the user interface owned by him, if he thereby does not prevent or materially prevent to performance of the agreement with the user. The Website Owner shall notify by using respective means the Users of the online-site on all modifications.
§5 Obligations of the User
(1) The services offered by the User shall at least contain minimal information demanded by the Website Owner. They shall not contradict to the generally accepted moral norms or violate restrictions set by the law.
(2) The Users shall comply with the lawful interests of the Website Owner and other Users.
§6 Performance of the agreements entered into at the online-site
(1) Performance of the agreements entered into at the online-site shall be exclusively the business of the User himself. The Website Owner shall provide no performance guarantee for the agreements entered into by the Users at the online-site, as well as bears no responsibility for the defects of the ordered excursion. The Website Owner under no circumstance obligates himself to monitor the performance of the agreements entered into at the online-site.
(2) The Website Owner shall note guarantee the true identity and the User’s right of disposal. In the event of a doubt both contracting parties shall receive in a due way information on true identity, as well as right of disposal of other parties to the agreement.
(3) The Tour Operator hereby authorizes the Website Owner to collect the fare agreed for the excursion. The payment shall be made by means of a credit card or via payment system Paypal.
(4) Upon receipt of the money at the account of the Website Owner the tourist receives online a voucher which he may and must print out.
(5) The tourist shall give the voucher to the Tour Operator prior to commencement of the excursion. The voucher shall serve as a proof of reservation and payment made. The Tour Operator shall give it to the Website Owner.
(6) Upon receipt of the voucher the Website Owner shall transfer the amount paid by the tourist to the account of the Tour Operator. The 15% of the charge due to the Website Owner shall be withheld. The Tour Operator agrees to this provision.
(7) The User agrees that the tourist makes a payment with release of the debt only to the Website Operator.
(8) The company makes reservations and monetary payments only in the following currencies:
- Australian Dollar
- Canadian Dollar
- Czech Koruna
- Danish Krone
- Hungarian Forint
- Japanese Yen
- Norwegian Krone
- New Zeeland Dollar
- Polish Zloty
- Pound Sterling
- Singapore Dollar
- Swedish Krone
- Swiss Franc
- US Dollar
(9) The prices shall be specified in the currency of the Tour Operator. In case the calculator of currencies is for setting the price in the currency convenient for the User is used, the administrator of the portal shall be relieved from the liability for accuracy of calculation. The final amount of payment to the guide in such a case may not coincide to the amount, due to the rate and rules of calculation used in the payment system.
(10) In the event the amount for the tourist services was completely or partially written off from the account of the tourist who has rescinded the tourist services agreement, this amount shall be immediately transferred back to the tourist’s account less penalties and fines related to late cancellation of the reservation (please check the rules of cancelation of the reservation of the specific tourist service in the course of making the reservation).
§7 Liability of the Website Owner
(1) The Website owner bears full liability for intentional fault and gross negligence. In the event of a petty negligence the Website Owner shall be liable for material breach only. Financial liability for a material breach shall be limited to losses attributable to the contract, which the Website Owner was to take into account when entering into agreement on basis of reasons known at that time.
(2) The Website Owner shall not be liable for malfunctions of the network, which occurred due to no fault of the Website Owner.
(3) According to current prescriptions the Website Owner shall be liable for loss of data only in cases where the User was not able to prevent it by means of proper security measures.
(4) The liability shall not cover the violations of use of the services provided by the Website Owner at the online-site according to the agreement, caused by the User due to improper or incorrect use.
(5) The abovementioned limitations of liability shall be effective also with regard to the respective subcontractors of the Website Owner.
(6) In cases where at the online-site there is a possibility to readdress to the data bases, web-pages, various services of the third parties, etc, via links and hyperlinks, the Website Owner shall be liable neither for possibility to access, condition or safety of such bases or services, nor for their contents. The Website Owner in particular shall not be liable for their lawfulness, correctness of contents, completeness and actuality, etc.
§8 Intellectual property, viruses
(1) The Users are forbidden to post materials (for example with the use of links or frames), which violate legal norms or generally accepted moral norms. Besides that the Users are forbidden to post information violating the rights of third parties, especially copyright or trademark rights.
(2) The Website Owner under no circumstance shall appropriate intellectual property of third persons.
(3) The Website Owner shall be entitled to block the materials, if they according to the effective laws are unlawful or are explicitly meant for preparation of criminal offences.
(4) The User shall indemnify the Website Owner from all claims, which the third parties submit to the Website Owner due to violation of their rights or due to violation of law caused by the User posting offers or materials. The User shall also bear all expenses for legal defense of the Website Owner, including all judicial expenses and attorney costs.
§9 Other obligations of the User
(1) The user undertakes:
(a) to install and maintain necessary precautions for protection of data during the term of the agreement. This shall basically cover accurate and conscientious use of user names and passwords;
(b) to immediately inform the website Owner of any modifications in his activities, if they may negatively affect on work performance or safety of the online-site of the Website Owner;
(с) participate in identifying infringements of the third parties of the online-site, where such cooperation of the User is necessary;
(d) perform at the online-site transactions with commercial purpose exclusively within the activities of the company.
(2) The User undertakes not to perform any activities which may violate or endanger functioning of the online-site, as well as not to use data which he has no right of access to. Besides that he shall take due care that the information transmitted by him to the online-site and materials posted contain no viruses, worm-programs or Trojan-programs. The User shall compensate all losses, incurred as a result of failure to comply with this obligation, he also shall indemnify the Website Owner from all claims of third parties, including all judicial expenses and attorney costs claimed by the them from the Website Owner due to the failure of the User to comply with this obligation.
§9а Other Rights of the Website Owner
(1) The website Owner shall be entitled to maintain contacts with the tour operators by telephone or via e-mail.
(2) The Website Owner shall be entitled to inform the tourist on all circumstances related to their order and may be potentially interesting for them.
(3) The website Owner shall be entitled to anytime demand from the tour operator the documents identifying him, certification documents, registration documents, etc. The tour operator shall also submit such documents within two weeks from the day of the inquiry.
(4) The Website Owner shall be entitled to demand an opinion or an anonymous opinion of the tourist about an excursion or an/or an operator.
§10 Protection of the Information and Non-Disclosure
(1) The servers of the Website Owner are protected according to the level of contemporary techniques, in particular with the network protection appliances. However the User realizes that there is a risk for all the participants, that the data transmitted may be intercepted in the course of transmission. This relates not only to transmission of data via e-mail which departs the system, but also to transmission of the data via integrated connection system, as well as to other means of data transmission. Due to that the confidentiality of the data transmitted in the course of using the online-site may not be guaranteed.
(2) The User grants his consent, that the Website Owner may preserve in anonymous form with the marketing purpose, for example for preparation of statistics or presentations, information and data on course of negotiations on conclusion of contracts and conclusion of contracts, as well as behavior of the Users in the course of performing these transactions.
(3) The Website Owner may process and safe within the duration of this agreement the data received from the Users in connection to the business provided that the data security prescriptions are complied with. In particular the User agrees that the Website Owner:
(a) saves and processes information of the User on requisites of the company, accounting information, contact person, as well as actual information provided by the User;
(b) saves the information introduced by the User himself to the online-site in connection with the desired presentation of the company in the trade sphere and holds them in open or limited sector of the online-site prepared to be viewed by other registered or non-registered users;
(с) saves personal information used in certain cases in the course of transactions and transmits it to other Users and in case the affected User so desires by means of choosing an open transaction, holds them on the open sector of the online-site prepared to be viewed by other registered or non-registered Users;
(d) preserves and transmits to other Users non-personal information on contents of the transaction and in case the affected User so desires by means of choosing an open transaction, holds them on the open sector of the online-site prepared to be viewed by other registered or non-registered Users.
(4) Further use of the personal data, which goes beyond the abovementioned use of the personal data shall require a specific consent of the User. According to clause 3, the User shall be entitled at any time to refuse from the consent he previously provided in case he gave his consent on use of the personal data.
(6) With receiving the access according to the clause 2 of the paragraph 3 the User shall guarantee in relation to the Website User and all other Users that in the course of transmission he has complied with the requirements of the data security and shall indemnify the Website Owner of any claims, including public claims. In particular the User shall take care himself that in certain cases he is to obtain necessary consent of the employees before publishing personal data of these employees at the online-site in the course of determining the user names of the employees or in any other way.
§11 Assignment and Set-Off of Claims
(1) Partial or full assignment of the rights from the agreement with the Website Owner to the third parties is prohibited.
(2) The User shall be entitled for a set-off in relation to the Website Owner only if there is an undisputable and lawful counterclaim.
§12 Duration of the Agreement
(2) The agreement may be terminated at any time by both parties.
(3) Each party shall be entitled to terminate this agreement due to a good cause without complying with the termination period. For the Website Owner such good cause shall be:
(b) criminal activity of the user or attempt thereof, for example fraud;
(с) delay of the User in paying the amounts which the user is to pay, for more than 6 weeks according to the clauses 2 and 3 of the paragraph 2;
(d) long-term violation of the work due to the force-majeure, which is beyond the control of the Website Owner, as for example Act of God, fire, breakdown of the networks, occurred due to no fault of the Website Owner.
(4) Each termination shall be performed in writing. Termination of the agreement by fax or via e-mail shall also be considered as termination in writing.
(1) The laws of the Federal Republic of Germany shall apply.
(2) The place of the dispute resolution shall be the place of the Website Owner – city of Passau, Germany. Notwithstanding that, the Website Owner shall be entitled to go to the court of the general jurisdiction of the user.