Terms of BusinessPrint Version
General Terms of Business of GetYourGuide Deutschland GmbH, Berlin and of Suppliers of Tours and other touristic Services
Version February 4, 2016; translation of the German version.
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. GetYourGuide - Terms of Business
GetYourGuide Germany GmbH, Erich-Weinert-Strasse 145C, 10409 Berlin, Germany ("GetYourGuide GmbH") operates a brokerage-platform providing offers in the tourism sector as online-offers via the internet and mobile applications ("GetYourGuide"). On the platform, users have the opportunity to find and book tourist excursions, activities, and experiences all over the world. The online offers include, for example, guided tours, cooking lessons, sightseeing tours by bus or canal boat, attraction tickets, and other services. Offers are uploaded online by numerous local providers from around the world ("providers"), with whom the respective contracts for the services are concluded ("service contracts"). Users can call up information regarding providers’ services and initiate orders on GetYourGuide.
GetYourGuide is directed towards both users and business owners. For the purposes of these Terms of Business, the following shall apply:
(a) A "consumer" is any natural person concluding the contract for purposes that cannot be primarily attributed to any commercial or independent professional activity (Sec. 13 German Civil Code - "BGB").
(b) A "business" is a natural or legal entity or a legal partnership, which, in concluding the contract acts in its commercial or independent professional capacity (Sec. 14 para. 1 BGB).
"User" refers to a natural person, unless said person is explicitly registered as a legal entity with GetYourGuide. Acts and omissions under the registration of a legal entity shall be attributed to a natural person, unless said person acts within the context of their power of attorney for a legal entity.
These Terms of Business shall apply for the use of GetYourGuide, for instance via the internet or via mobile applications. The contractual relationship between the user and GetYourGuide encompasses only the proper referral of the user to the provider. GetYourGuide does not act as an organizer, lessor, seller, or other contracting partner in relation to the service contract with the user. GetYourGuide GmbH itself does not offer any tours and is not a contractual party to the contracts that are concluded exclusively between users and providers. These GetYourGuide Terms of Business, therefore, shall apply only for the referral of users to providers. The Terms of Business of the respective providers shall apply for each service contract between user and provider.
Some uses of GetYourGuide, such as the initiation of bookings, require registration. During registration, the user submits an electronic registration form and agrees to the Terms of Business. Subsequently, the registration is confirmed by GetYourGuide GmbH. Natural persons must be at least 18 years of age.
- GetYourGuide GmbH's Services/Conclusion of Contract
- After the user has expressed a service request (e.g. destination, type of tour, start time, number of participants, and price options) on the GetYourGuide website, GetYourGuide GmbH will show the user information on the provider’s services ("service information"). Based on this information and after checking availability, if necessary, the user can submit a contractual offer to be forwarded to the provider by making an order. This is done by clicking the "make a binding reservation" button.
- GetYourGuide GmbH shall provide the user with the provider’s conditions of carriage and general terms and conditions for its relationship to the user and for its services, insofar as these are available to GetYourGuide GmbH.
- GetYourGuide GmbH shall provide a booking confirmation and a payment confirmation to the user. The use of GetYourGuide itself is, in principle, free of charge to the user. The user shall be responsible for bearing the costs for technical access to GetYourGuide (e.g. internet access). GetYourGuide can forward the provider’s invoice to the user.
- GetYourGuide GmbH shall forward any data for the use of providers’ services in accordance with the currently valid conditions (such as ticket details) after these have been received from the provider.
- GetYourGuide GmbH does not provide any guarantee for the accuracy of data forwarded or guarantee the performance of services by the provider, because all information displayed and forwarded is based on data provided by third parties or providers, which GetYourGuide cannot verify in detail.
- Payments to GetYourGuide
- The service contract concluded with the provider shall regulate the compensation the user must pay for the provider’s services. GetYourGuide GmbH shall be entitled to prepare invoices for compensation on the provider’s behalf and to forward these to the user.
- Providers may transfer compensation entitlements to GetYourGuide GmbH, which shall then be payable to GetYourGuide GmbH.
- If the user is required to pay in a currency different from his country’s currency, (foreign currency requirement), GetYourGuide GmbH may request payment in the user’s local currency and convert the foreign currency requirement at the currently valid exchange rate. GetYourGuide GmbH may charge the user an appropriate conversion fee for this service.
- The user’s contact partner for a service contract and corresponding compensation shall be the respective provider and contractual partner. The user may only request reimbursement for compensation from the appropriate contact partner. The contact partner may also process reimbursement through GetYourGuide.
- The user must register in order to use the GetYourGuide payment function. The user must provide truthful billing information and update this information promptly in case of changes. GetYourGuide GmbH may reject the payment method provided by the user. Approved payment methods for the relevant services are displayed to the user during the order process.
- By authorizing payment, the user agrees that his payment information may be used by the claimant to collect compensation. GetYourGuide GmbH reserves the right to make use of the GetYourGuide payment function dependent on the user’s credit-worthiness.
- GetYourGuide Pricing
- All prices on GetYourGuide are displayed per person and include VAT and all other taxes.
- These prices are established by providers and may be subject to specific conditions, for example, regarding cancellations and refunds of payments made. Therefore, please check carefully before booking if the respective service contract is subject to special conditions.
- Best Price Guarantee by GetYourGuide GetYourGuide wants users to pay the lowest price possible for the respective service. Should users find the service booked via GetYourGuide at the same terms (city, number of people, availability) for a lower price on the internet, GetYourGuide shall unilaterally and voluntarily reimburse the user for the difference between the price booked via GetYourGuide and the lower price found by the user on the internet.
- All special offers and promotions are identified as such.
- Duties and Obligations of the User
- Users shall treat registration data (user name and password) as confidential and shall not allow third parties access to GetYourGuide with their registration data. A use of GetYourGuide under the registration of the user shall be attributed to the user.
- Upon receipt of service information, the user may send any orders to GetYourGuide for forwarding to the provider.
- The user shall indemnify GetYourGuide GmbH from claims by third parties resulting from his use of GetYourGuide, except insofar as GetYourGuide GmbH is at fault for said claims.
- Availability and Warranty
- There shall be no entitlement to the availability, quality, service characteristics, or technical support for GetYourGuide. GetYourGuide GmbH can alter, restrict, or discontinue its online portal GetYourGuide at any time and at its own discretion. Existing agreements between a user and a provider, as well as their processing, shall not be affected by such changes.
- GetYourGuide GmbH shall assume no warranty for the accuracy or completeness of the data provided by third parties (such as other providers).
- GetYourGuide GmbH shall assume no liability for the services offered by providers, unless it is itself the provider of the respective service. The user's contact person for questions and claims in connection with a service contract and its implementation shall be the respective provider.
- Insofar as GetYourGuide GmbH bears no obligation toward the user, GetYourGuide GmbH also offers no guarantee.
- Limitation of Liability
- GetYourGuide GmbH shall be liable for damages caused by GetYourGuide GmbH or its vicarious agents by intent or gross negligence.
- In the case of simple negligence, GetYourGuide GmbH shall be liable only for breach of an essential contractual obligation and only for foreseeable and typical damages. Essential contractual obligations shall be those whose fulfilment makes the proper execution of the contract possible and on whose fulfilment the user may generally rely.
- Liability limitations shall not apply within the framework of guarantees given, in case of injuries to life, limb, and health, or for claims resulting from the Product Liability Act.
Users may terminate their registration with GetYourGuide at any time by disabling their user account. GetYourGuide GmbH may terminate a registration unilaterally with a notice period of one week. Previously incurred entitlements shall remain unaffected. The right to extraordinary termination shall remain unaffected.
- GetYourGuide's Review Function
- Users have the opportunity to personally influence GetYourGuide's content by writing travel reports in the form of reviews or by posting images ("user content"). Users are fully responsible for the content posted by them and shall assume responsibility for it. They shall ensure the correctness of the content and guarantee that it does not contain misleading or improper statements or information. In addition, users shall guarantee that no third party rights are infringed upon by their content. GetYourGuide merely provides the platform and shall in no way assume responsibility for user content nor make it their own.
- GetYourGuide can use user content in various ways. These include, inter alia, display on the website, reformatting, processing for more clarity or better grammar, and the inclusion in advertisements or other work.
- GetYourGuide may remove or re-insert user content as necessary and at its sole discretion. GetYourGuide can, for example, remove user content if it is the opinion of GetYourGuide that it violates GetYourGuide's principles on content. GetYourGuide shall not be obligated to retain copies of user content or provide such copies. GetYourGuide does not guarantee the confidentiality of user content.
- GetYourGuide and its partners may display advertisements and other information adjacent to or along with user content on the website and in other media. Users shall not be entitled to compensation for such advertisements. Rights to make changes with respect to the nature and extent of such advertisements shall be reserved, and users have no right to be specially notified of these.
- The user shall relieve GetYourGuide GmbH from all third party claims upon initial demand and in full (including the reasonable costs of legal prosecution and defense) that said third parties may assert against GetYourGuide GmbH with respect to user content entered by the user. This shall apply even if the disputed content is no longer available on GetYourGuide. This shall not apply if GetYourGuide GmbH is responsible for the violation. In the event of third party claims, users shall provide GetYourGuide GmbH with all information necessary for the examination of the claims and a defense promptly, truthfully and completely.
- Data Protection
- GetYourGuide GmbH shall collect and use users' personal information to the extent necessary for establishing, arranging, or changing the status of the contractual agreement for GetYourGuide between the user and GetYourGuide GmbH.
- Insofar as GetYourGuide GmbH becomes included in the communication regarding a service contract between the user and the respective provider, it submits the required data necessary for the conclusion of said contract to the provider. The provider then processes and uses the data for the purposes of contract initiation, conclusion of the contract, and execution of the contract on its own responsibility. The identity of the respective provider results from the booking dialogue.
- Amendments to these Terms of Business
GetYourGuide GmbH reserves the right to modify these Terms of Business at any time without notice and without stating reasons for doing so. GetYourGuide GmbH shall only make such changes with regards to consumers as users would be reasonably expected to admit in consideration of the mutual interests of the parties. This includes, for example, a lack of equivalence between services and considerations, but also includes regulatory gaps and legislative change. The amended Terms of Business shall be sent to users via e-mail at least two weeks before they take effect. If a user does not object to the validity of the new Terms of Business within two weeks after receipt of the e-mail, the amended Terms of Business shall be deemed accepted. GetYourGuide GmbH shall specifically inform the user of the meaning of this two-week deadline in the e-mail containing the amended Terms of Business.
- Other Provisions
- These Terms of Business represent the entire agreement between GetYourGuide GmbH and the user. Other supplementary agreements shall not exist. Changes and additions to this agreement shall be required in written form in order to be valid; text form (e.g. email) shall not suffice. Clause 12 of these Terms of Business shall not be affected by the written form requirement.
- The law of the Federal Republic of Germany shall apply. If you have submitted the order as a consumer, and at the time of your order your habitual residence is in another country, the application of mandatory laws of that country shall not be affected by the applicable jurisdiction in sentence 1. The exclusive place of jurisdiction shall be Berlin, insofar as the user is a merchant within the meaning of the German Commercial Code or does not have a permanent residence in Germany at the time an action is brought. Legally binding jurisdictions shall remain unaffected.
- If provisions of these Terms of Business shall be or become invalid, this shall not affect the validity of the remaining provisions.
II. General Terms of Business of Suppliers of Tours and other touristic Services
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.
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:
o Up to 4 days before begin of the activity: full refund
o 3-0 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. Liability of the supplier of the tour or touristic service
The supplier of the tour or touristic service is liable according to applicable law. The liability is excluded to the extent permitted by applicable law.
18. 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.
19. Applicable Law
The legal relationship between users and suppliers of services shall be in each case governed by the applicable law.