Terms of Business Print version
General Terms of Business of GetYourGuide AG, Zurich and of Suppliers of Tours and other touristic Services
Version 17th December 2009, translation of the german version
These Terms of Business are divided into two parts:
I. General Terms of Business of GetYourGuide AG, Zurich
II. General Terms of Business of Suppliers of Tours and other touristic Services
GetYourGuide provides visitors and suppliers of touristic services with this booking platform. The contracts are concluded directly between users and suppliers of touristic services. GetYourGuide is not a contracting party for booked tours and other touristic services.
I. General Terms of Business of GetYourGuide AG, Zurich
Introduction
These General Terms of Business control the usage of the GetYourGuide website when you sign-up (register an account) or book a service. Furthermore, the "Terms of Use and the Privacy Statement of GetYourGuide AG" are applicable for the GetYourGuide website.
Upon registration (opening of an account), you agree to these General Terms of Business, the "Terms of Use and the Privacy Statement of GetYourGuide AG" as the contents of your legal relationship with GetYourGuide and the mediated supplier, respectively.
1. Sign Up / Registration / Opening of a User Account
1.1 Opening of a User Account
Prior to booking a service on www.getyourguide.com, you need to open a user account and register.
When you register, you will enter personal information that will, as far as necessary,
be forwarded to the mediated to the supplier during the course of the booking process.
1.2 Eligibility to register
Registration is restricted to actionable persons. In the case of registration of a company or a legal body, the person conducting the registration must have proper authorization to act in the name of the company or legal body, respectively.
There is no entitlement to registration or use of the booking platform.
You need to register with your official name. Registrations under a pseudonym are not allowed. GetYourGuide may delete accounts under wrong names, pseudonyms etc.
1.3 Number of User Accounts
The registration of more than one user account for the same natural or legal person is not allowed. The user account is not transferable.
1.4 Truthful information
You are required to provide accurate informaion and keep it up to date. GetYourGuide is not liable, if a booked service cannot be carried out or other damages occur, because of outdated information.
1.5 Communication
If you book a certain service, all booking and payment processes, cancellation of the booking etc. need to be conducted using the specific forms on the GetYourGuide platform, to which you receive links in the e-mails GetYourGuide sends you upon completion of the booking process. Otherwise there may be difficulties in the proper completion or termination of the contract. In this case, GetYourGuide is not liable.
1.6 No offers
The published tours and other services are non-binding offers.
1.7 Booking process
If you decide to book a specific tour or other touristic service, you need to make the request through the relevant booking interface on the GetYourGuide website and enter accurate information. The request needs to be dispatched by pressing the button „Confirm and Pay“.
1.8 Obligation concerning the Request
You are bound to your request (offer) for two work days. For calculation of time, the time zone of the supplier is authoritative.
1.9 Acceptance of the Supplier
The supplier offering the requested tour or other touristic service, will answer your request within the given period of time. Upon the acceptance of the request, the contract between you and the supplier becomes effective. The charges for the booked service will be deducted from your credit card or bank account. If the supplier declines the request, the contract between you and the supplier of the service does not become effective. You will be notified for the acceptance or non-acceptance of your request via e-mail.
The supplier provides the agreed services under his own behalf and on his own account.
1.10 Eligibility Requirements
The supplier may set eligibility requirements for his products. These you will find in the product description. You are self-responsible to fulfill these requirements. The supplier is entitled to disapprove or exclude you from a certain service, in case that you do not fulfill the requirements. In this case, there will be no refund.
1.11 Supplier Communication
The supplier of the touristic service needs to conduct booking confirmations, as well as all other communication via the GetYourGuide platform. Thus, you should always keep the information in your user account up to date and check the e-mail in the given in the user account for new messages
1.12 Cancellation of a booking
If you need to cancel a booked service, it is mandatory to use the relevant form on the GetYourGuide website. You will receive a link to this form in the booking confirmation e-mail from GetYourGuide.
2. Review System
2.1 Review System
Upon completion, you have the opportunity to review the booked service using the GetYourGuide review system. The GetYourGuide Review System aims to create a meaningful and accurate profile of the performance, realiability and trustworthiness of the provider. The corresponding information will be sent to you via e-mail after completion of the service.
2.2 True and accurate assessment
You are obliged to make only factual and truthful statements. Inaccurate, irrelevant, insulting comments etc. are to be omitted. GetYourGuide is explicitly reserves the right to delete such reviews without giving further reasons. GetYourGuide also has the right to exclude you from further use of the GetYourGuide Booking Platform and to delete your account. GetYourGuide and affected suppliers reserve the right for further legal action, in particular compensation of damages.
3. Forum "Questions"
3.1 Questions to the supplier
Each entered product has a forum for questions. This forum is meant to facilitate the communication between you and the supplier, in order to clarify details of the offer. You may ask the supplier product specific questions, which the supplier will answer.
The entries in the forum „Questions“ are visible to all visitors of the website.
3.2 Unallowed questions and messages
The forum does not serve to close contracts or to cancel bookings. Such events unfold no effect with regards to GetYourGuide. In such cases, it is mandatory to use the appropriate forms.
3.3 Sanctions
GetYourGuide is entitled to delete not product specific questions, comments, etc. without further notice and to close the user account.
4. Direct Messages
4.1 Personal Messages
The direct message message intends to exchange non-public information between you and the supplier.
4.2 Contents of the direct message
The direct message is solely intended for information concerning the service and its execution. You must not exchange any personal or non service specific questions using the direct message functionality. Direct messages do not serve to close contracts or to cancel bookings. Such events unfold no effect with regard to GetYourGuide. In such cases it is mandatory to user the appropriate forms.
4.3 GetYourGuide’s Right of Inspection and Sanctions
GetYourGuide is explicitly entitled to inspect direct messages and to delete messages, which do not comply to these Terms. GetYourGuide may close the user account. Please refer to Nr.3 for further details.
5. Legal relationship with GetYourGuide
5.1 Your liablity
If you cause any damage to GetYourGuide, you will be hold responsible for it. You are in particular responsible for you entries in the sections „Questions“, „Direct Messages“ and „Review System“.
5.2 Liability of GetYourGuide
If you make a booking, GetYourGuide is only liable to you in cases of gross misconduct (including gross negligence). GetYourGuide is not liable for slight negligance, auxiliary persons and the mediated supplier. The liability is limited to the immediate damage, excluding consequential damages, loss of profit etc. The liability for punitive damage compensation is also excluded. Further limitations of liability or liability exclusions in these Terms or applicable legal provisions are reserved.
The liability for computer viruses, spyware programs and other damages caused by computer programs is excluded.
If you are an unregistered visitor and have not made a booking yet, you are subject to the General Terms of Use.
5.3 Changes of these General Terms of Business
These General Terms of Business may be changed by GetYourGuide at any time without prior notice. For each booking, the currently effective Terms are applicable. The user has no guarantee that future bookings will be completed under the existing conditions.
5.4 Applicable Law
The legal relations with GetYourGuide are exclusively subject to Swiss Law. Zurich, Switzerland is agreed as the exclusive venue of jurisdiction.
GetYourGuide AG (Incorporation)
Technoparkstrasse 1
8005 Zurich
Switzerland
II. General Terms of Business of Suppliers of Tours and other touristic Services
Introduction
These General Terms of Business apply to the contracts between the users of www.getyourguide.com and the suppliers of tours etc.
1. Acceptance of Bookings
The supplier only accepts bookings by persons fully capable of acting and with full legal competence. Legal persons have to act by a duly authorized person.
2. Truthful Information
The information provided on the GetYourGuide booking platform must be truthful. The supplier reserves the right to cancel bookings when incorrect information has been provided. In this case, the price paid cannot be refunded.
3. Arrival at venue, and compliance with rules
You are responsible for timely arrival at the meeting point. If you are arriving to the booked activity from abroad, you are personally responsible for the necessary travel documents (passport, etc.), compliance with health regulations, etc.
4. Conditions of Participation
You are personally responsible for compliance with any conditions of participation. The provider reserves the right to exclude participants, who do not meet these conditions, from the activity. In this case, the price paid cannot be refunded.
5. Binding Nature of Inquiry
The contract between you and the provider is concluded when the suppliers accepts your booking request. By booking a tour or other activity, you are submitting a binding offer to the supplier, to which you are bound for 5 working days. If the supplier accepts your offer within this period, the contract is definitely concluded. You will be notified via e-mail.
6. Payment
Your credit card will be charged upon booking. If the provider does not accept your booking, the charged amount will be credited back.
7. Disclaimer on Right of Withdrawal
In case that the applicable law for the contract between you and the supplier grants a right of cancellation in favor of you, you waive that right, to the extent permitted by law.
8. Personal Responsability for Insurance
Insurance is not included in the price. You are personally responsible for a sufficient insurance coverage. The extent of insurance need depends on the booked activity.
9. Unpaid Services
If you do not pay for the booked service or revoke the payment, your claim to the service benefits will be omitted. This will be regarded as a cancellation and cancellation charges will apply according to section 11.
10. Exchange of Messages
All communication between you and the supplier must be made through the GetYourGuide booking platform. For this purpose, solely the forms provided by GetYourGuide are to be used.
Messages, which are not handled through the GetYourGuide booking platform or via the forms provided for that purpose, cannot be accepted by the supplier and they carry no legal effect.
11. Cancellation Policy
If you cancel the activity, the cancellation policy on the GetYourGuide voucher is authoritative. We advise the customer to carefully read the information on the GetYourGuide voucher.
If there is no cancellation policy stated on the GetYourGuide voucher, the following cancellation charges will be levied by the supplier of the services:
• Up to 4 working days before begin of the activity: full refund
• 3-0 working days before begin of the activity or no-show: no refund
You reserve the right to demonstrate that the supplier suffered a smaller loss through the cancellation, than indicated by these rules.
The refund will be made within 20 working days by crediting the credit card used.
If the credit card payment before the use of the booked service is not honored or revoked, this will be considered as a booking cancellation and cancellation fees will apply. Further claims for damages are reserved.
12. Extraordinary Cancellation
The supplier can cancel the activity without adherence to the cancellation period if weather conditions, governmental actions, unforeseeable or unavoidable external circumstances endanger or make carrying out the activity impossible or substantially more difficult.
This is done under exclusion of any compensation for damages or other claims under what legal basis whatsoever.
13. Exclusion from Participation
The supplier has the right to refuse admittance or exclude you from an activity if you do not meet the eligibility requirements, or if your participation puts you or others at risk, or otherwise interferes with the proper conduct of the activity. In these cases, the price paid cannot be refunded.
14. Program Changes
The supplier further reserves the right to make minor program changes, if deemed necessary due to unforeseeable or unpreventable circumstances.
15. Other Conditions
Further conditions or alternative rules can be found on the respective product pages.
16. Time Zone
For time and date calculations, the time zone of the supplier shall apply.
17. Changes of these General Terms of Business
These Terms of Business are subject to change without prior notice. The terms that are valid at the time of each booking shall apply. The user has no claim that future bookings be completed under existing conditions.
18. Applicable Law
The legal relationship between users and suppliers of services shall be in each case governed by the applicable law.
