GetYourGuide - Terms of Use

Version 09/2008

Content

Preamble
Definitions
Scope of these general terms and conditions
General Provisions for the Use of GetYourGuide
Purpose, Transfer and Termination of the Membership Agreement
Registration / Secrecy of Access Data / Presentation of Certificates
General Rules for the Submission and Completion of Offers
Submission and Content of Offers / Prohibited Offers
Forum "Questions & Comments"
General Rules governing Booking Procedure of Offers
Cancellation Policy
Review System
Fees
Reponsibility for Content / Limitation of Liability
Infringements / Sanctions / Exemptions
Data Protection
Communication
Final Clause / Applicable Law / Place of Performance / Venue of Jurisdiction

1 Preamble

GetYourGuide is an internet platform for offering and booking tours and other leisure activities. The platform is operated by GetYourGuide Company with limited liability ("GetYourGuide GmbH", "we", "us"). Its usage is governed by the following general terms and conditions.

2 Definitions

Since the following words and expressions are frequently used in these general terms and conditions, they will have the meanings as defined below (in alphabetical order):

Booking: the binding Request of an Offer by the Customer; Cancellation: the final Cancellation of a Confirmation by either the Provider or the Customer after a completed Transaction; Confirmation: the Confirmation of a Booking or the suggestion of an alternative date and/or time by the Provider; Customer: every User, who books one or several Offers on GetYourGuide; Fees: applicable fees for the use of the services of GetYourGuide; GetYourGuide: the internet platform operated and services offered by GetYourGuide GmbH (irrespective of the accessed domain); Offer: the entirety of information about a tour, activity or other service submitted by the Provider. The non-binding Offer starts with the submission by the Provider of any relevant information with regards to a tour, activity or other service, and may subsequently be booked by the Customer. An Offer ends solely through its deletion by the Provider or blocking by GetYourGuide GmbH; Provider: every User, who submits one or several Offers to GetYourGuide; Rejection: the final refusal of a Booking by a provider; Transaction: every booking process that is carried out on GetYourGuide. A transaction starts with the Booking of an Offer by the Customer and ends with the Confirmation or Rejection by the Provider; User: every Visitor, who has registered to GetYourGuide by setting up a user account; User Content: any content provided by the User, including photos, videos, qualification certificates and textual information; User Data: all data, that has been provided to GetYourGuide by the User; User Profile: any information provided by the User that is accessible by the general public; Visitor: any person that accesses GetYourGuide or a part thereof (e.g. particular data or applications) irrespective of a previous registration.

3 Scope of these general terms and conditions

3.1

These General terms and conditions apply to the use of GetYourGuide, and are a translation from the German original. In case of legal ambiguities arising from the process of translation, the German original text (to be found on the homepage of GetYourGuide) shall be the legally relevant document. Upon registration on GetYourGuide a Membership Agreement is entered into between the User and us, the content of which is guided by these general terms and conditions. The details of the Membership Agreement are as set out in clause 5. In order to submit or book Offers on GetYourGuide the User must register and hereby expressly agree to these general terms and conditions. The action of agreeing to these general terms and conditions by activating the designated button provided for this purpose includes the acceptance that these general terms and conditions constitute a binding part of the Membership Agreement. The version of the general terms and conditions current at any particular time can be accessed via a link at the bottom of each page on GetYourGuide.

3.2

The general terms and conditions are directly binding exclusively between the User and us. Unless there is an expressely formulated contradicting provision, these general terms and conditions do not give rise to any legal effects, claims etc. between Visitors in the sense of a contract granting rights to a third party or a contract with protective effect. This applies also insofar as these general terms and conditions contain provisions relevant to the relationship between the relevant Users (e.g. concerning the entry into or contents of a contract between a Customer and a Provider).

3.3

Supplementary provisions apply to certain functions, services or areas of GetYourGuide. These general terms and conditions expressly incorporate such supplementary provisions. The User is referred to such supplementary provisions before carrying out the specific function or utilizing the specific service. The User expressly agrees to such supplementary provisions in each case. He recognizes that these are also binding upon him, and that use of such functions, services or areas will amount to acceptance of the relevant supplementary provisions.

4 General Provisions for the Use of GetYourGuide

4.1

When using GetYourGuide the User must observe and comply with the law in force and the provisions contained in these general terms and conditions. This applies in particular to the nature, content and description of the items posted, e.g., Offers, Questions & Comments or Reviews.

4.2

We expressly draw to the attention of Visitors that they should not use GetYourGuide for illegal activities. It is prohibited to submit Offers to be carried out in breach of the law such as by cash in hand or other method of remuneration for the purpose of not paying relevant taxes or statutory payments. This also applies to negotiations or any activities in preparation for illegal activities for such purposes, such as cancelling Bookings.

4.3

We also expressly refer to the fact that both the provision of and remuneration for services in certain sectors (e.g. services that need specific allowances or qualifications) may be governed by statutory or other regulations and cannot therefore be freely negotiated. It is the responsibility of Users, particularly though of Providers submitting Offers, to check for any such restrictions and ensure that they comply with them, including where relevant drawing such restrictions to the attention of the other party.

5 Purpose, Transfer and Termination of the Membership Agreement

5.1

The sole purpose of the Membership Agreement is to allow access to GetYourGuide on the basis of these general terms and conditions, the schedule of fees and where appropriate the relevant supplementary general terms and conditions (see clause 3.3). The Membership Agreement does not include the provison of any services with an intermediary, brokerage or similar character.

5.2

Access to the public areas of the GetYourGuide website (in accordance with these general terms and conditions) is open to any Visitor. The use of further functions or services (e.g. booking offers), requires prior registration as a User.

5.3

We provide GetYourGuide in the form and with the functions and services in each case on an "as is" and "as available" basis on the website. We cannot and do not guarantee that the services on GetYourGuide will meet a User's requirements or that access to GetYourGuide will be uninterrupted or error-free. A Visitor is neither entitled to the provision or continuation of any specific functions or services, nor does a Membership Agreement entitle a User to access to, or to the continued availability of, any specific functions or services. We are entitled to change the content of the available functions and services, to suspend them temporarily or permanently, to introduce new functions and to make any functions subject to specified general terms and conditions.

5.4

We solely operate a technical platform on which Users can submit or book Offers. We therefore act exclusively as a technical service provider. The User expressly acknowledges and accepts the statements set out in this clause 5.4 concerning our role including the following:

We are not a broker or intermediary of any type.
We are not involved with, or in the performance of, the Offers placed on the platform whether as a contracting party or a representative or agent of a contracting party or in any other way.
Notifications which the GetYourGuide system generates in connection with an Offer or Booking are provided only for the information of the User concerned. Where these notifications contain statements with any legal significance, these are deemed to be given by the party concerned.
Where a contract for carrying out a Booking is concluded by using GetYourGuide, only the Users entering into it (Provider and Customer) are parties to the contract for that Offer.
For all matters relating to an Offer, (e.g. concerning agreements as to payment, timescales or warranty claims), the User should in all cases contact the other contracting User.
Bookings are carried out exclusively between the Customer and the Provider.
We are not responsible for, nor obliged to receive or process, complaints against other Users nor to mediate in or resolve disputes between Users, unless the complaint concerns the performance of our legal or contractual obligations.

5.5

We are entitled to transfer our rights and obligations under the Membership Agreement entirely or partially to a third party by giving not less than four weeks' notice to the User. If the User does not agree to the transfer, the User can terminate the Membership Agreement with immediate effect, e.g. by closing his User's account.

5.6

Both we and the User can terminate the Membership Agreement at any time by notice effective immediately. Transactions that are unfinished at the time of the termination of the User's account, have to be carried out as described in these general terms and conditions.

6 Registration / Secrecy of Access Data / Presentation of Certificates

6.1

As stated in clause 5.2 above, to use any functions other than searching for Offers (e.g. submitting or booking Offers ) registration as a User is required. The Visitor has no right to registration or activation as a User in order to use additional functions of GetYourGuide. Clicking the "Register now" button and subsequently the (1) activation of the User account and (2) confirmation of registration by us forms a binding Membership Agreement with us, the contents of which are as set out in these general terms and conditions.

6.2

Only legal entities and natural persons aged 18 or over with full legal capacity may register. A legal entity can only be registered by a natural person who is authorized to do so and whose name must be given.

6.3

The information requested during registration and for drawing up the User's profile must be given fully and truthfully. After registration this data, in particular the address and other contact data, and in the case of Providers the additional information in the User's profile, must always be kept up-to-date via the User's account. Regardless of this obligation of the User, we cannot and do not give any guarantee as to accuracy or completeness of the information supplied, such as for example details of the address, qualifications, references or creditworthiness. Each User, in particular the Customer, must therefore check for himself any information which is of importance to him concerning the other participants in the Booking Procedure. We will however investigate reports made to us about inaccurate information and if appropriate will challenge the User concerned to correct it or will block or remove the information and or his/her User account.

6.4

Providers may upload documents (e.g. certificates) in form of a so called ProSEAL that recognize their qualification in a specific field. The following binding requirements are governing the uploading of a ProSEAL:

The Provider may only upload previously acquired official and documented qualifications;
GetYourGuide may ask the Provider at any time to prove his qualification;
The publication of wrong information about the status of a provider's qualification may result in an immediate exclusion from GetYourGuide;
In certain countries it is mandatory to have acquired a certain qualification in order to be able to offer a specific service. It is at the sole responsibility of the Provider to inform himself and act according to the applicable law.

6.5

The membership name selected by the User upon registration must not infringe any valid right, offend common decency or harm the rights of third parties. In addition it must not include the term "GetYourGuide" or any similar term or one which may be confused with it. The User's name and password are to be kept secret.

6.6

It is not permitted to set up more than one User's account for the same natural person or legal entity.

6.7

The User may not assign the Membership Agreement. The User's account is not transferable.

7 General Rules for the Submission and Completion of Offers

7.1

Offers listed on GetYourGuide may not be booked outside of the platform. If a Provider is asked in any form to fulfill an Offer listed on GetYourGuide, circumventing the booking procedure on the platform, he is obliged to redirect the respective User to the Booking function on GetYourGuide.

7.2

Offers listed on GetYourGuide may be neither accepted nor rejected by the Provider outside of the platform.

7.3

A Confirmation represents a binding declaration acceptance to the request made by the Customer's Booking. Both parties, Customer and Provider, are bound to the concluded contract until its fulfillment. The conclusion and fulfillment of contracts for Bookings on GetYourGuide are subject to general contract law. In case that GetYourGuide provides a Cancellation function for a booked Offer, such functions do not exceed general contract law.

7.4

It is prohibited to post external links, telephone numbers, e-mail addresses or other information for the purpose of contact between Customer and Provider outside of GetYourGuide. It is forbidden for both transaction partners to get in touch before the Confirmation of the Booking.

7.5

Providers are obliged to contact their Customers within three (3) days, after the Confirmation of a Booking, in order to provide further details, such as meeting point and payment. In order to guarantee sufficient communication, Provider and Customer are urged to check their indicated e-mail account on a daily basis.

7.6

By submitting an Offer to GetYourGuide, the Provider is obliged to pay the necessary fees as described on the specific site for fees that can be found at the bottom of the page.

8 Submission and Content of Offers / Prohibited Offers

8.1

Submitting an Offer constitutes a non-binding invitation for a Booking by the Customer.

8.2

The Provider has to describe his Offer in a precise, complete and truthful manner.

8.3

It is prohibited to submit Offers which infringe the law, the rights of third parties, the provisions of the Membership Agreement or common decency. This applies in particular to Offers:

which contravene or are designed to allow contravention of any legal requirements relating to payments of taxes or other statutory payments,
which infringe copyright or other intellectual property rights or those of a third party,
which may jeopardise the health or safety of persons or animals,
in which permissible services are linked together in an unauthorised manner, or
for which the Customer is obliged to purchase further services or products, other than stated in the description of the Offer.

We reserve the right to delete such Offers.

9 Forum "Questions & Comments"

9.1

Every Offer has a separate Forum for Questions & Comments ("Forum"). The aim of this Forum is to facilitate communication between the Provider and Users or Visitors interested in booking and for clarification of the details of the Offer. In this Forum Users may ask questions about the Offer to which the Customer should then respond.

9.2

Additional information to supplement the Offer description is summarized in the Forum. The Provider should answer questions asked in the Forum fully and accurately provided that they relate to the content of the Offer, and insofar as it is possible and reasonable for him to do so.

9.3

All postings in the Forum must relate to the Offer and be worded factually. Information to enable personal contact to be made may only be posted as permitted in clause 7.3. Contact information which is provided through us to allow the establishment of contact between users must not be posted in the Forum.

9.4

Answers from the Provider to questions raised in the Forum which clarify or supplement the Offer description become part of the Offer description. A Provider remains bound by his Offer with regard to the modified Offer description.

9.5

Bookings cannot be validly withdrawn by a message in the Forum. Any such postings will not be valid, and do not become part of the Offer description or content. Offers can only be withdrawn in accordance with clause 11 with the consequences indicated therein.

10 General Rules governing Booking Procedure of Offers

10.1

Bookings for carrying out an Offer posted on GetYourGuide must only be submitted via GetYourGuide using the functions provided for this purpose. Users agree not to submit any inquiries to the Provider outside of GetYourGuide.

10.2

A Customer remains bound to a Booking until the completion of the Offer, unless the Booking is rejected by the Provider or no alternative date could be found.

10.3

Booking an Offer, a Customer agrees to pay the price for the Offer at the time of his Booking. The price of the Offer is entered by the Provider and includes all applicable fees and taxes.

11 Cancellation Policy

11.1

Confirmed Bookings may only be cancelled by the Provider or the Customer using the designated function on GetYourGuide. This leads to the abrogation of the not yet fulfilled contract between the Customer and the Provider.

11.2

Cancellations of Bookings of a total value of less than two hundred (200) € have to be carried out at least three (3) working days before the Offer would have been fulfilled. Cancellation of Offers that have a total value above two hundred (200) € have to be cancelled within an appropriate period of time, but no less than 15 working days before the Offers would have been fulfilled.

12 Review System

12.1

After the completion of an Offer, Customers have the opportunity to review the Offer using GetYourGuide's review system. The goal of the review system is to create a precise and truthful description of the service, as well as the reliability and the integrity of the Provider.

12.2

In order to reach the goal stated above, every Customer is obliged to provide as factual and truthful feedback as possible. Any comments that do not correspond to the purpose of the review system, in particular untrue, non-factual or derogatory comments are not permitted and may lead to a partial or complete deletion of the review and the respective User profile. GetYourGuide reserves its right in such cases to undertake further appropriate measures.

13 Fees

13.1

We charge fees for the use of GetYourGuide according to the schedule of fees available on GetYourGuide. The User who uses chargeable functions on GetYourGuide is required to pay these fees for use. Chargeable functions and events are defined within the schedule of fees and generally include the payment of a transaction fee by the provider, as soon as a Booking is confirmed.

13.2

The fees for use are the consideration for using chargeable functions of GetYourGuide. They are not dependent on the actual performance of the Offers booked on GetYourGuide. The obligation to pay fees for use therefore still applies if an Offer is booked on GetYourGuide, but subsequently it is not carried out and/or a contract concluded between the Users concerning the performance of an Offer is later terminated or cancelled. We may waive our right to receive fees for use, as a gesture of goodwill, if it is proven to our reasonable satisfaction that an Offer on GetYourGuide has genuinely not been carried out. The grant of any such waiver is entirely within our absolute discretion and if so granted is always without accepting any legal obligation to do so.

13.3

The Fees are due upon the Confirmation of a Booking by the Provider and will subsequently be substracted from the User's pre-paid account. As long as a User's balance is insufficient for performing a given Offer, he will not be capable to confirm a Booking for this Offer. Providers, who do not confirm more than three (3) Bookings due to insufficient balance on their account may be deleted from GetYourGuide at our sole discretion. Any additional costs which may incur in the context of recovering fees for use (e.g. bank charges incurred through the User or expenditure caused by default), are to be borne by the User concerned in addition to the sum payable for fees for use.

13.4

Users agree not to take any action to avoid the obligation to pay fees for use payable for the use of the services of GetYourGuide. In the event of breach of this provision, in particular for breach of the provisions set out in clauses 7.2 and 10.1, the User or Users involved shall be required to reimburse GetYourGuide for its loss of profit and for any additional costs that may incur on GetYourGuide due to this breach of contract by paying a lump sum compensation of three times the amount of the fees for use to be charged according to the schedule of fees calculated depending on the price stated by the Provider in the Offer and at least 100,- €. It is at our sole discretion to enforce higher compensations. The User reserves the right to prove a lower amount of damages.

14 Reponsibility for Content / Limitation of Liability

14.1

The content of the Offers posted on GetYourGuide, forum entries, review comments and User profiles is drawn up exclusively by the User concerned. The User who posts the content in question is exclusively responsible for it. If we are notified of or otherwise become aware of content which might be illegal, defamatory or unauthorised we shall immediately examine the content concerned and if the content is found to be illegal, defamatory or unauthorised we shall be entitled to delete it or block access to it.

14.2

GetYourGuide is only liable for direct damages, which arise from deliberate or grossly negligent acts. The liability of GetYourGuide for direct damages due to minor default, independent on what legal grounds, is excluded under the caveat of coercive legal regulations. Furthermore, GetYourGuide is by all means not liable for consequential or indirect damages, independent on what legal grounds.

14.3

Except for intentional or grossly negligent behavior of employees in executive positions or legal representatives of GetYourGuide, the liability is restricted to the foreseeable sum at the conclusion of the contract.

14.4

Concerning the contract between Provider and Customer, GetYourGuide is in no case a contracting party. We are not liable for damages of any sort that arise in the contractual relationship between the Provider and the Customer. In particular we are not liable for:

Misjudgement of the personal technical and physical conditions that are necessary in order to perform an Offer on GetYourGuide;
Damages of any sort that arise due to insufficient qualifications of the Provider or insufficient preparation or performance of the Offer;
Risks, Inconveniences, Dangers, Injuries, Death or other foreseeable or unforeseeable complications relating to Offers that were booked on GetYourGuide.

14.5

We provide GetYourGuide in the form and with the functions which are available at the current time. We have no obligations to provide or to maintain any specific functions (see clause 5.3). No guarantee is given with regard to the availability of the system. The system will at times be entirely or partially restricted for routine or emergency maintenance work or for other reasons, e.g. with regard to individual functions (hereafter referred to as "Restricted Availability"). Liability for the consequences of Restricted Availability of whatever kind and for whatever reason is excluded. We shall not incur any liability for any consequences of Restricted Availability on the performance of Transactions, for instance because an Offer cannot be submitted or a Booking cannot be confirmed, or a Booking expires in a period of Restricted Availability.

14.6

We are not liable for damages caused by loss of data. It is the User's sole responsibility to generate copies of the content and material that is provided on GetYourGuide.

15 Infringements / Sanctions / Exemptions

15.1

We reserve the right in the case of breaches of these general terms and conditions, depending on the nature of the breach, without prior notice and without stating any reasons to block or delete enquiries and ratings posted in breach of these general terms and conditions, or other content, to exclude("to ban") Users acting in breach of these general terms and conditions or in breach of the Membership Agreement temporarily or permanently, or at our reasonable discretion to take such measures as are suitable to prevent such breaches or bring them to an end. In so doing we shall reasonably take into consideration the interests of the Users concerned. A breach occurs in cases including the following:

the Member knowingly supplies false information;
Offers are submitted when it can be established in advance or is obvious that they cannot be carried out at the price indicated, or for which the price is substantially out of proportion with the content of the Offer;
Offers posted on GetYourGuide should be placed in a different way from that envisaged on GetYourGuide;
Offers submitted on GetYourGuide are assigned outside of the platform;
entries placed in the Forum or in the Review system or made in some other form which are defamatory, designed to undermine or devalue the system or otherwise lack objectivity;
the Member makes modifications or takes other actions likely to cause damage to us or to GetYourGuide in any way.

15.2

Users who have been banned will be denied further use of and renewal of registration on GetYourGuide.

15.3

The User indemnifies us against and releases us from all claims, costs and losses, to which we are exposed in connection with culpable infringement by the User against his obligations under these general terms and conditions, in particular when claims are made by third parties on account of infringement of their rights, e.g. intellectual property rights or personal rights including costs incurred by processing and legal defence (e.g. internal processing expenses, lawyer's fees and court costs).

16 Data Protection

16.1

It is necessary to store and process personal data of Users in order to enable the Transactions to be carried out, and in particular to facilitate the communication requirements according to these general terms and conditions. We guarantee confidential treatment of this data as required by the relevant data protection legislation and regulations and in accordance with the Privacy policy which can be found here (Privacy policy)

16.2

The names, addresses and e-mail addresses of Users are processed. We only collect further personal data insofar as this is required for the drawing up, content or modification of the general terms and conditions, for making GetYourGuide available or for charging for the use of GetYourGuide (where applicable) and as allowed by statute and regulations, or as expressly permitted or required by other statutory provisions. In order to book or submit an Offer it is necessary for a User to draw up a User's profile. The data stored can be viewed via the User's account.

16.3

On receipt of the User's request his personal data will be deleted save to the extent it is required to carry out Bookings including the fees for use to be paid to us. The User must recognise that on deletion of his personal data his ability to use GetYourGuide may be restricted or impossible.

17 Communication

17.1

All notices relating to these Conditions are to be given in writing or electronic text form (e-mail). The contact information for us current at any particular time can be found under Company Details. The data entered in the User's account is considered as the User's contact data. Notices sent by us or by a User using this contact data by e-mail are deemed to have been delivered at the time of sending, notices delivered in person are deemed to have been served on delivery and notices dispatched by post are deemed to have been delivered two working days after posting provided they are sent by prepaid airmail post and properly addressed in accordance with this clause 17.1, unless we or the User to whom the notice was addressed provides evidence of a later time of arrival.

17.2

Insofar as communications between us and a User or between Users are sent by e-mail and are therefore in electronic text form, the User recognises the binding effectiveness of statements of intent transmitted by this means.

17.3

The e-mail must include the name and e-mail address of the sender and the date and time it was sent and, in the case of e-mails sent by a corporate entity, the additional details required in relation to such entities.

17.4

We point out that confidentiality is not guaranteed for data, information, etc. communicated on the internet. On request the communication with us can be carried out using a recognised encryption method.

17.5

An e-mail received in accordance with the above provisions will be considered as validly coming from the owner of the sender's address subject to evidence to the contrary.

17.6

Any communication in relation to these general terms and conditions and/or the Membership Agreement may be by e-mail safe where expressly stated otherwise.

18 Final Clause / Applicable Law / Place of Performance / Venue of Jurisdiction

18.1

For calculation, expiry and compliance with dates, periods of time or time limits, Central European Time (UTC +1 or UTC +2 during daylight saving time) is applicable.

18.2

THIS MEMBERSHIP AGREEMENT IS SUBJECT TO SUBSTANTIVE LAW OF SWITZERLAND, EXCLUDING THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.

18.3

As the place of fulfillment for all services arising from this Membership Agreement, 8005 Zurich, Switzerland, is declared.

18.4

BY VISITING OR USING GETYOURGUIDE, YOU AGREE THAT THE LAWS OF THE KANTON ZURICH, SWITZERLAND, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE GENERAL TERMS AND CONDITIONS AND ANY DISPUTE OF ANY SORT THAT MIGHT ARISE BETWEEN YOU AND US OR ANY OF OUR AFFILIATES. WITH RESPECT TO ANY DISPUTES OR CLAIMS, YOU AGREE NOT TO COMMENCE OR PROSECUTE ANY ACTION IN CONNECTION THEREWITH OTHER THAN IN THE COURTS OF THE KANTON ZURICH, AND YOU HEREBY CONSENT TO, AND WAIVE ALL DEFENSES OF LACK OF PERSONAL JURISDICTION AND FORUM NON CONVENIENS WITH RESPECT TO, VENUE AND JURISDICTION IN THE KANTON AND THE COURTS OF ZURICH, SWITZERLAND.

18.5

The version of these general terms and conditions force at the time of registration form part of the Membership Agreement between the Member and us. We are, however, authorized to modify the Conditions at any time with future effect in compliance with the following procedure: Users shall be informed of such modifications by e-mail 21 calendar days before the proposed date when the modifications come into force. A User can object to the modifications in writing or in text form (e.g. by e-mail). The User has a period of 21 days from receipt of our notice to notify us of his objection. If no objection is received and the User continues to use GetYourGuide after expiry of the period for objection, or if the User agrees to the modifications, the modified provisions as effectively agreed apply to all services to be provided after expiry of the period of time. The submission of an Offer, a contribution to a Forum or a Review, or the Booking of an Offer after receipt of our notice about the intended modification to the Conditions counts as consent.

In the notice summarizing the modifications GetYourGuide GmbH draws the User's attention to the above-mentioned period of time and to the legal consequences of its expiry if the opportunity to object is not taken. If the User objects within the period allowed and in writing or in electronic text form, the Membership Agreement will continue according to the previous conditions. The contractual rights of the parties to terminate the Membership Agreement remain unchanged.

18.6

If any provision of the Membership Agreement is held invalid, the remainder of this Membership Agreement shall continue in full force and effect. If any provision of these general terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these general terms and conditions and shall not affect the validity and enforceability of any remaining provisions. In the case of invalid provisions, the parties involved shall replace these by provisions that come closest to their economical interest. The same is applicable for missing provisions.

GetYourGuide GmbH

Technoparkstr.1

CH-8005 Zurich

Switzerland