1. General
1.1 Scope of application
These General Terms and Conditions of Use apply in the version valid at the time of conclusion of the contract for all business relations between us (Alina Zito, Schwarzwaldstraße 17, 69124 Heidelberg) and you. Should you use conflicting general terms and conditions or general terms of use, these are hereby expressly rejected.
1.2 Contract agreement
The contract language is German.
"Users" are all persons who use the functions of our platform.
1.3 Registration (free user contract)
To use the full scope of our website, it is first necessary to create an account. The data required for the provision of services by us will be requested. The entries are confirmed by clicking on the "Register" button. You will then receive a confirmation e-mail containing a link to verify your e-mail address. Only after the verification of your e-mail address, you can log on to our website for the first time and thus complete the registration.
The password, which enables you to access the personal area, must be kept strictly confidential and may not be passed on to third parties under any circumstances. You take appropriate and reasonable measures to prevent third parties from obtaining knowledge of your password. A customer account cannot be transferred to other users/customers or other third parties.
1.4 Subsequent change of the terms of use
We are entitled to subsequently adapt and supplement the General Terms and Conditions of Use with respect to existing business relationships, insofar as changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalence relationship being disturbed not only insignificantly. A subsequent amendment of the Terms of Use shall become effective if you do not object within six weeks of notification of the amendment. We will expressly draw your attention to the effect of your silence as acceptance of the contractual amendment at the beginning of the period and will give you the opportunity to make an express declaration during the period. If you object within this period, both you and we can terminate the contractual relationship extraordinarily, unless we continue the contractual relationship under the old General Terms of Use.
2. Description of services
2.1 General information
We offer you a comprehensive database of itineraries (trips) in the form of a community-based online platform where you can publish your own itineraries and at the same time benefit from the publications of other members by using their information, experiences and tips to simplify the planning of your next individual trip.
2.2 Provision of services
We are entitled to have the contract or parts of the contract fulfilled by third parties.
2.3 Time of performance
Unless expressly agreed otherwise, we will provide the service (activation of your account) within five days after registration.
3. Payment and prices
The use of our platform is free of charge for you.
4. Your responsibility
4.1 General information
You are solely responsible for the content and accuracy of the data and information you provide. You also undertake not to transmit any data whose contents infringe the rights of third parties or violate existing laws. By transmitting data to us, you confirm that you have complied with the copyright regulations.
4.2 Indemnification
You shall indemnify us against all claims asserted against us by third parties on account of such violations. This also includes the reimbursement of costs of necessary legal representation.
4.3 Abusive contributions
Abusive contributions or content will be deactivated or deleted by us without prior notice. Such contents are given, for example, in the following cases:
- Wrong and/or incorrect information,
- Contributions are misused as advertising space,
- Searchers are made aware of an offer by means of unspecific or even false information (this includes incomplete offers, false information),
- Switching of interested parties to Internet or telephone services against payment (especially 0900 numbers),
- for sending spam,
- to send and store infringing, obscene, threatening, insulting or otherwise violating the rights of third parties,
- to send and store viruses, worms, Trojan horses and harmful computer codes, files, scripts, agents or programs,
- for uploading programs that are likely to disrupt, interfere with or prevent operation,
- attempting to gain unauthorized access to our Service or to any of its modules, systems or applications, or granting such access to any third party,
- Contents with glorifying violence, pornographic or otherwise offensive or punishable content.
- Commercial offers, without prior consultation with us.
In case of violations we reserve the right to block or delete your account. The right to extraordinary termination remains unaffected.
4.4 Confidentiality
Your rights under this agreement are not transferable. The password, which enables you to access your personal area and thus also the data collection, is to be kept strictly confidential and may under no circumstances be passed on to third parties. You shall take the appropriate and reasonable measures to prevent third parties from gaining knowledge of your password. We are not liable for any damage caused by misuse of the password.
4.5 Profile data
You are obliged to keep the contents and profile details you have posted always up to date and to inform us immediately about any misuse of your profile.
4.6 Liability for contents
You are solely responsible for the content of your posts or your profile. The content must not violate applicable laws or these General Terms of Use. You also undertake not to transmit any data whose contents infringe the rights of third parties (e.g., personal rights, rights to a name, trademark rights, copyrights, etc.). In particular, contributions or profiles with illegal content may not be published or untrue facts claimed. As the operator of the website, we are not liable for incorrect information provided by users in their contributions or profiles. We do not check the content posted on our site (especially with regard to the violation of third-party rights). However, should we become aware of incorrect, inaccurate, misleading or illegal information, we will check it immediately and remove it if necessary. Furthermore, we do not assume any liability for the correctness, up-to-dateness, completeness, quality or legality of contents not originating from us. We merely make our platform available to you.
5. Use of content
By placing content in the database, you grant us the right to use this content for an unlimited period of time for placing and holding it in the database and for retrieval and storage by third parties, in particular to store, reproduce, hold ready, transmit, link and publish the content. This can also be done by or in the form of advertising material (especially links on social networks, use for spots, use for our own website or also in printed form etc.) or other commercial use by third parties or by us. In this case, the author explicitly waives his right to be named. Furthermore, we obtain the right to rework the contents, especially if they do not meet the above-mentioned requirements of these terms and conditions.
6. Term, blocking and termination
6.1 Termination of a customer account
The user relationship is concluded for an indefinite period. It begins with the activation of the account and can be terminated by you at any time by deleting your profile via the usual account deletion routine. In particular, we reserve the right to delete incompletely registered user accounts after six months, as well as accounts that have been inactive for a period of at least 24 months. With the termination of the free user contract, the profiles assigned to the account will also be deleted, but not the published travel routes.
6.2 Termination without notice
The right of termination without notice for a good cause remains unaffected. A good cause shall be deemed to exist in particular if
- you have provided incorrect or incomplete information at the time of conclusion of the contract.
- you violate other contractual obligations.
7. Usability of the services
7.1 Further development of the service/availability
We make every effort to adapt our services to current technical developments. We, therefore, reserve the right to change the agreed services. We are also entitled to interrupt the website operation partially or completely for the purpose of updating, maintenance or for other reasons. In addition, we reserve the right to discontinue the services offered in whole or in part, temporarily or permanently. In this respect, we do not guarantee that the services offered are available at all times and do not guarantee that the services offered or parts thereof will be made available and can be used from any location. The statutory warranty law is not affected by this.
7.2 Technical requirements
The use of the website requires the use of compatible devices. It is your responsibility to set or maintain the device in a condition that enables you to use the Website services.
8. Liability
8.1 Disclaimer of liability
We and our legal representatives and vicarious agents shall only be liable for intent or gross negligence. As far as essential contractual obligations (consequently such obligations whose observance is of particular importance for the achievement of the purpose of the contract) are concerned, liability is also accepted for slight negligence. In this case, liability shall be limited to foreseeable damage typical for the contract. In the case of grossly negligent violation of non-essential contractual obligations, we shall only be liable to entrepreneurs in the amount of the foreseeable, typical contractual damage.
8.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the German Product Liability Act also remain unaffected by this exclusion of liability.
9. Data backup
We carry out effective data backups as part of our service provision, but we do not provide a general data backup guarantee for the data you transmit. You are also responsible for making appropriate backups of your data at regular intervals to prevent data loss. We will exercise reasonable care in providing the agreed service and will perform the data backup with the necessary expertise. However, we do not warrant that the stored content or data you access will not be accidentally damaged or falsified, lost or removed.
10. Final provisions
10.1 Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract shall be our place of business if you are a merchant, a legal entity under public law or a special fund under public law.
10.2 Choice of law
As far as there are no compelling legal regulations according to your home law, German law is agreed upon under the exclusion of the CISG.
10.3 Consumer dispute resolution proceedings
The EU Commission has created an Internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (OS Platform). You can access the OS Platform under the following link: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
10.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms of Use.