Supplier Terms and Conditions
Supplier Terms and Conditions - GetYourGuide
The following Terms and Conditions replace their previous version.
GetYourGuide Deutschland GmbH, located at Erich-Weinert-Straße 145c, 10409 Berlin, Germany ("GetYourGuide" or "us") operates an Internet booking platform accessible via the www.getyourguide.com website, related websites, affiliate and partner websites, apps, tools, platforms, or other facilities ("Platform"). The Platform allows tour operators, activity organizers, and ticket suppliers ("Supplier") to offer sightseeing tours, leisure activities, and other tourism services ("Service(s)") to end customers ("Customer(s)"), and to conclude contracts directly with Customers for such services. In addition to Customers, our commercial sub-agents may also access the Platform to book Services from Suppliers.
GetYourGuide only provides the Platform to allow Suppliers to offer and to directly sell their Services to Customers. GetYourGuide acts as a commercial agent authorized and appointed by Supplier. GetYourGuide, through an intermediary agreement with a Customer, will facilitate the purchase of Services from Supplier by that Customer; however, in no event shall GetYourGuide be deemed a party to any agreement whereby a Customer purchases Services from Supplier.
1. Scope of Application of these Terms and Conditions
These terms and conditions (“Conditions” or “Contract”) govern the relationship between the Supplier and GetYourGuide only. The relationship between Customers and the Supplier is not governed by this Contract, but by the individual agreement entered into between Customer and Supplier. The default agreement between Customers and Suppliers is the General Terms of Business accessible at https://www.getyourguide.com/terms_of_business#supplier_head (“Default Supplier Terms”). If Supplier wishes to provide Services to Customers pursuant to terms other than the Default Supplier Terms, Supplier must directly provide those terms to the Customer. The relationship between GetYourGuide and Customers is governed by GetYourGuide’s Terms of Business accessible at https://www.getyourguide.com/terms_of_business#gyg_head. The relationship between GetYourGuide and its sub-agents is governed by separate contractual agreements.
2. Registration of the Supplier
2.1 Upon registering on the Platform, the Supplier is entitled to offer his Services through the Platform. In the course of registration on the Platform, the Supplier accepts the Conditions. By clicking the “I Agree” button, he agrees that he has read, understood, and agrees to be bound by the Conditions and that he represents and warrants that the individual entering into this Contract on the Supplier’s behalf is duly authorized and empowered.
2.2 GetYourGuide is not responsible for verifying the identity, authenticity, or credentials of the individual entering into this Contract.
2.3 The Supplier shall offer and render his Services as an entrepreneur according to the relevant tax regulations of the applicable Value Added Tax Act and the practices and requests of the tax authorities. The Supplier shall enter into the relevant contract with Customers in the conduct of his business or self-employed professional activity.
3. The Service provided by GetYourGuide
3.1 Supplier authorizes GetYourGuide, directly and indirectly through the use of sub-agents, to (i) offer Services to Customers on Supplier’s behalf, (ii) conclude contracts with Customers in the name of and on behalf of Supplier, (iii) collect payments from Customers for the Services. Supplier further authorizes GetYourGuide’s third party payment service provider (“Payment Service Provider”) and any other third party authorized by us to process data required to permit the transfer of funds to and from Supplier’s payment instruments or accounts, or as otherwise required in order to operate the Platform.
3.2 GetYourGuide facilitates the negotiation of the sale of Services between Customers and the Suppliers by way of the Platform that contributes to increase the Supplier’s goodwill, promote the Supplier’s Services, and generally encourage Customers to place orders with Suppliers.
3.3 To secure the quality of the offers, the responding rate and the customer service of the Suppliers GetYourGuide is entitled to appoint so-called “test shoppers” who are entitled to book a Supplier’s offer up to 4 (four) times over the course of 1 (one) year. Test shoppers may only disclose the fact that they acted as a test shopper after the booking has been finalized. In these cases of finalized bookings of test shoppers the Supplier is obligated to pay back any booking fees to GetYourGuide. GetYourGuide will provide the Supplier with detailed feedback on the findings after the test booking.
4. Duties of the Supplier
4.1 The Supplier represents and warrants that all information with regard to his offer shall at all times be true, accurate, and not misleading. The Supplier shall update the uploaded information as timely as required for guaranteeing the accuracy of the information provided. The Supplier may be held liable for all Customers’ claims based upon alleged inaccuracies of the uploaded information as displayed on the Platform (such as information about Services or prices). The Suppliers are responsible for the accuracy of the information in the language version as submitted by way of their Supplier Account. To the extent the Supplier is aware or may be expected to be aware of any inaccuracy in another language version of the uploaded information, the Supplier shall inform GetYourGuide immediately.
4.2 The Supplier represents and warrants that all Services shall only be rendered in compliance with all applicable laws, in particular with the laws of the country of the Suppliers’ residence as well as in compliance with all applicable laws of the country the Services are rendered in and not to violate any rights of third parties thereby. The Supplier particularly warrants (a) to comply with any consumer protection and other protection, information and consultation duties and regulations, and (b) to dispose of all administrative and other permissions and licenses as well as insurances and the like needed in the jurisdiction of the respective country for fulfilment of the contractual obligations and to instruct its service partners according to these terms and conditions accordingly. Upon request, the Supplier will provide respective evidence and documentation, including copies of permits and licences. In the event of alleged non-compliance of the Services provided by the Supplier, the Supplier shall without undue delay cooperate, at his own expense, with any administrative authorities or competition/consumer protection associations.
4.3 The Supplier represents and warrants that he will provide Customers with all necessary information for the execution of the Service (e.g. meeting point and time, clothing, equipment, etc.) well in advance. The Supplier is required to check the e-mails stated in the Supplier Account at least once per day. The Supplier is responsible for the inclusion of his individual general terms and conditions, which go beyond the terms and conditions provided by GetYourGuide for the contract between the Customer and the Supplier. The latter are available under https://www.getyourguide.com/terms_of_business#supplier_head.
4.4 The Supplier represents and warrants that all employed guides possess the legal allowances and meet all necessary legal requirements, including professional qualifications and allowances. The Supplier is fully responsible for the conduct of the guide with regard to Customers or other persons who legitimately use the Services.
4.5 The Supplier may only offer his own Service via the Platform. The Supplier may not offer Services as an intermediary or agent. To the extent the Supplier nevertheless acts as intermediary or agent he shall be treated as contracting party and shall be held liable for any respective damages. The Supplier needs to be prepared to perform the offered Service. It is not allowed to upload sham Services.
4.6 The rates, availability, amenities, and restrictions for your Service, and mandatory fees you make available through the Platform have to be equal to or better than what you make available through your own channels or any third party channels. Customers who book a Service through the Platform will be treated at least as well as Customers that book through your own or any third party channels.
4.7 The Supplier shall contract a comprehensive general liability insurance which insures all Services that are offered through the Platform. It is obligatory to agree upon an insurance sum that is appropriate for the given booking volumes and risk. The general liability insurance also needs to cover potential regress claims of GetYourGuide. Specifications concerning the general liability insurance must be documented electronically and shall be uploaded within the Supplier’s Account. This includes: name and address of the General Liability Insurance, number of the insurance policy, and the insurance sum. GetYourGuide reserves the right to inspect the insurance policy upon request and demand proof of payment for the insurance premium. The Supplier shall update such uploaded information immediately for guaranteeing the accuracy of such information at any time.
4.8 The prices provided by the Supplier through the Supplier Account for his offers and Services shall include and show separately VAT, sales taxes and such other applicable national, governmental, provincial, state, municipal or local taxes or levies. It is not legitimate to ask Customers to pay any further salaries, taxes, dues, commissions or cover other expenses, upon the execution of the Service.
4.9 The Supplier is obliged to provide Customers with a proper invoice that complies with all applicable tax requirements.
4.10 The Supplier is obliged to validate customer vouchers within a validation application (app) that GetYourGuide will provide on a cost free basis (“GetYourGuide Redemption App”). GetYourGuide will inform the Supplier reasonably in advance once the GetYourGuide Redemption App has been launched. After the launch date any additional costs incurred by not using the GetYourGuide Redemption App for processing and validating customer vouchers have to be borne by Supplier.
4.11 Supplier grants GetYourGuide the right to change free of charge the date, the time or language of Service as well as the number of persons attending the Service, up to two hours after a Customer booked a Service, if other dates, times, or languages for the booked Service are available.
5. Booking Procedure
5.1 All visitors to the Platform will have the opportunity to view the offered Services without prior registration. If the visitor is interested in a specific Service, he will make a booking and the Supplier will be duly notified of such requested booking.
5.2 Manual Booking Processing (“On-Demand”)
Unless mutually otherwise agreed upon the Supplier has a timeframe of 24 (twenty-four) hours upon receipt of the booking request in his e-mail inbox to accept the request. If the request is accepted, the contract between the Supplier and Customers becomes effective and the booking is confirmed.
5.3 Automated Booking Processing (“Free-Sale”)
With Free-Sale booking enabled, bookings are automatically accepted and confirmed by the system. The booking draws from a contingent, which is administered by the Supplier. An automated booking takes place, as long as there are places left in the contingent. The Supplier shall keep the contingent up-to-date at all times.
5.4 GetYourGuide is not responsible for the accuracy and/or completeness of Customer-related data.
6. The Supplier´s Booking Offers
6.1 The Supplier will enter the data of the Services into the Supplier Account. He is responsible for ensuring that the provided information is always up-to-date. Revised, cancelled, or invalid Services must be deleted immediately.
6.2 It must be clear from the Service description that the Supplier offers the Services in his own name and in his own responsibility. The Services must be offered under the generally used company and brand name. There must not be the impression, neither directly nor indirectly, that GetYourGuide is the Supplier of the Services, or that GetYourGuide has tested the quality of the offered Services or otherwise emphasizes their quality.
6.3 GetYourGuide shall be entitled to give a discount on the Service price - at its own cost up to the level of the commission - to members of a closed user group.
7. Displayed Content & Intellectual Property
7.1 The Supplier grants GetYourGuide a non-exclusive, royalty free and worldwide right and license (or sublicense as applicable):
7.1.1 to use, reproduce, have reproduced, distribute, sublicense, communicate and make available in any method and display the intellectual property rights of and in the content submitted through the Supplier Account pursuant to these Conditions and which are necessary for GetYourGuide to exercise its rights and perform its obligations under these Conditions;
7.1.2 to use, reproduce, have reproduced, process, distribute, sublicense, display and utilize (including without limitation to publicly perform, modify, adapt, communicate, reproduce, copy, translate and make available to the public in any manner whatsoever) the provided content.
7.2 GetYourGuide may sublicense, make available, disclose and offer this content (including the relevant intellectual property rights) of the Supplier and all such further rights and licenses set out in this Contract via or in collaboration with (the websites, apps, platform, tools or other devices of) affiliated companies and/or third parties.
7.3 In no event shall GetYourGuide be liable to the Supplier for any acts or omissions on the part of any third party platforms. The sole remedy for the Supplier in respect of such third party platforms is (a) to request GetYourGuide (which has the right and not the obligation) to disable and disconnect with such third party platform, or (b) termination of this Contract, all in accordance with the terms of these Conditions.
7.4 The Supplier is liable for any claim of third parties related to copyright infringements of content he has provided to GetYourGuide (see also clause 21. Liability of Supplier and Indemnification).
8. (Online) Marketing and PPC advertising
8.1 GetYourGuide is entitled to promote the Services of the Supplier using the Supplier´s name(s) in online marketing, including e-mail marketing and/or pay-per-click (PPC) advertising.
8.2 It is in GetYourGuide´s sole discretion how to advertise the offers of the Supplier on the Platform or on third party websites and in online affiliate networks, including but not limited to ranking and promotion.
8.3 The Supplier is aware of the working methods of search engines, such as spidering of content and ranking of URLs. GetYourGuide agrees that if the Supplier becomes aware of behavior by third party platforms breaching the Supplier´s intellectual property rights, the Supplier will notify GetYourGuide in writing with details of the conduct and GetYourGuide will use its commercially reasonable efforts to ensure that the relevant third party takes the necessary steps to remedy the breach.
8.4 The Supplier agrees not to specifically target the GetYourGuide brand directly through keyword purchases that use GetYourGuide's intellectual property rights.
8.5 GetYourGuide runs online marketing campaigns at its own cost and discretion.
9. Responsibility for Content
9.1 The Supplier is responsible for content submitted through the Supplier Account, such as for instance descriptions of Services, forum entries, etc. GetYourGuide treats such content as external content. GetYourGuide also treats Customers content, such as forum entries, reviews, etc. as external content and excludes liability.
9.2 If GetYourGuide is notified about or detects content that does not comply with these Conditions or any other legal provisions, GetYourGuide may partially or fully delete this content provided that the breach of such rules is not remedied by the Supplier within two days after our notice. If the abusive content originates from a Supplier, GetYourGuide is entitled to block access to or delete the respective Supplier Account. GetYourGuide will always consider the respective mutual interests in the respective case before blocking or suspending a Supplier Account.
9.3 The Supplier may only upload content and data for which he owns the corresponding (copy) rights. Such information must not abuse privacy rights of Customers, third parties, etc. and needs to comply with the applicable competition laws and other legal requirements.
10.1 Unless agreed otherwise between the Parties, the Supplier is aware and consents that Customers are entitled to cancel their booking free of charge up to 24 (twenty-four) hours before the booked date of Service. There will be no payment received by the Supplier. If Customers cancel the booked Services less than 24 (twenty-four) hours before the date of Service or within any other term agreed on in advance between the Parties, or if the person for whom the Service was booked for does not appear at the date of the Service, Customers are obliged to pay the full price of the Service, which is transferred to the Supplier, minus the commission.
10.2 In the event the Supplier cancels a booking for whatever reason he shall fully refund Customers, unless otherwise agreed between the Supplier and Customer.
10.3 GetYourGuide provides costly and intensive efforts to market Services to Customers. Therefore, if Supplier unjustifiably or with negligence fails to deliver or cancels Services that have been booked by Customers, Supplier agrees that GetYourGuide may (i) make a full refund to the affected Customer, and (ii) deduct the amount of the refund plus a contractual penalty from any amount due Supplier hereunder. The contractual penalty shall be twenty percent (20%) of the gross selling price of the Service on the Platform for each affected Customer. GetYourGuide may, at its sole option, forgo this contractual penalty, in whole or in part, if Supplier provides an alternative but equivalent Service at the same date to the affected Customers.
10.4 In case of “Force Majeure”, which are circumstances beyond the Parties’ reasonable control, including without limitation, natural catastrophe, war, act of terrorism, interruption of electricity and strikes, either Party may suspend or end this Agreement. Furthermore, Supplier shall allow Customers to return purchased tickets for a full refund if a force majeure situation occurs at the travel destination, regardless of whether Supplier continues to provide Services during the affected period of time. GetYourGuide will process the refunds and transmit them to affected Customers. In the event that Supplier cancels the Service due to the occurrence of Force Majeure, he must notify the Customer Service of GetYourGuide immediately.
11. Customer Complaints
Complaints or claims in respect of (the Service offered, rendered, or provided by) the Supplier or specific requests made by Customers are to be dealt with by the Supplier as GetYourGuide is not responsible for and disclaims any liability in respect of such claims from Customers. GetYourGuide may at any time and at its sole discretion (a) offer customer (support) services to a Customer, (b) act as intermediate between the Supplier and Customers, (c) provide - at the costs and expenses of the Supplier – an alternative service of an equal or better standard in the event of an overbooking or other material irregularities or complaints in respect of the offered or provided service, or (d) otherwise assist Customers in their communication with or actions against the Supplier.
12. Commission Payment to GetYourGuide
12.1 Supplier agrees to pay GetYourGuide a commission for the brokering of contracts with Customers. The amount of the commission, which shall be separately agreed on by the Parties, is understood to be plus any statutory value added tax. The commission will be deducted from the gross amount charged to Customers as the sales price for the Service on the Platform in the agreed currency. If no payment is credited to GetYourGuide (e. g. revocation of credit card payment), there will be no commission credited to GetYourGuide.
12.2 The commission for GetYourGuide will be billed on a monthly basis at the rates paid by the Customers. Any taxes and other expenses that are to be paid by the Supplier will not be compensated separately. Banking fees and other transaction costs are at the expense of the Supplier, except those according to 14.2.
13. Credit Card Payments
13.1 The credit card payment of Customers will be collected when due. If a contract could not be concluded by way of the Manual Booking Processing, the credit card payment will be reversed.
13.2 GetYourGuide takes care of the Customers’ payment collection by way of a Payment Service Provider and the received payments are directly transferred to the Supplier Account. You will need to enter your bank account within your Supplier Account. It is at our sole discretion to choose a Payment Service Provider. GetYourGuide may not be held liable for Customers’ payments and is not liable in case of incorrect or incomplete entry of the Supplier's bank account information into the Supplier Account.
13.3 Should Customers cancel their credit card payment before the use of the booked Service or the payment is not fulfilled for any other reason, GetYourGuide will inform the Supplier immediately.
13.4 If a credit card payment is revoked after the fulfilment of the contract between the Supplier and the Customer, GetYourGuide will inform the Supplier. GetYourGuide will inform the Payment Service Provider about the reasons for withdrawal according to the particulars of the credit card organization and ask the Supplier to comment within 5 (five) working days. GetYourGuide will forward this statement to the credit card organization.
13.5 GetYourGuide is not obliged to take legal measures of any kind against Customers, who do not pay for a certain Service or cancellation, or who revoke a credit card payment. GetYourGuide will transfer these claims, if any, to the Supplier, if possible.
14.1 The credit card and banking fees for Customers’ payments to GetYourGuide are borne by GetYourGuide.
14.2 The credit card and banking fees for payment transfers to the Supplier will be borne, as follows:
- GetYourGuide bears the cost for its own bank/credit card organization
- The Supplier bears the cost of his bank/credit card organization
14.3 The Supplier will be notified via e-mail once the payment of Customers for the Supplier’s Service has been confirmed.
14.4 GetYourGuide invoices its commission to the Supplier on the 5th (fifth) working day of each month, taking into account all bookings that have been carried out during the previous month by way of the Platform, and offsets the commission against with Customer’s payment. The remaining balance as outlined on the credit note depicted on the invoice will be wired to the Supplier's bank account and the Supplier will be notified by e-mail at the e-mail address indicated for accounting purposes in the account information. GetYourGuide processes payments on the 5th (fifth) day of every month barring exceptional circumstances.
14.5 This invoice is the basis for any payment. The Supplier may raise any claim with regard of an (alleged) inaccuracy of the invoice and credit note within a deadline of 30 (thirty) days. To the extent no claim has been raised and accepted by GetYourGuide the invoice and credit note is deemed to be accepted.
14.6 You will be asked by GetYourGuide to choose your preferred currency when uploading your offer. GetYourGuide will display your offer in this preferred currency and may choose in its discretion to display the offers of the Supplier in additional currencies as well as to add a foreign exchange charge fee. Payments to the Supplier will be executed in the preferred currency as indicated in the uploaded offer.
14.7 GetYourGuide bears the transaction fees. The amount transferred by GetYourGuide to the Supplier reflects the sum of the net prices of all considered booked Services. However, some banks add fees for receiving international payments. These fees are solely at the Supplier's expense. Due to bank transfer costs, GetYourGuide may decide not to transfer amounts less than USD 50 or an equivalent amount in a different currency. If in a certain month the amount of USD 50 is not reached, GetYourGuide is entitled to postpone the payment until such an amount is reached.
14.8 If GetYourGuide is for any reason subject to taxes or expenses in the country of the Supplier in relation to his Services, GetYourGuide may terminate the cooperation with the Supplier within 3 (three) days. Such taxes or expenses may be deducted from the payments granted to the Supplier.
The Supplier acknowledges that he is solely responsible for the accuracy of the tax rate information, the identification of applicable taxes and any changes to the tax rates entered into the Platform. The Supplier is responsible for accounting to the relevant tax authorities for any taxes applicable to any amount received by the Supplier in consideration of the Services. If requested by GetYourGuide, the Supplier will promptly provide GetYourGuide with valid tax invoices in respect of any transactions entered into under these Conditions, where taxes are chargeable under applicable law.
16. Direct Messages
In order to exchange messages between Customers and the Supplier that are not meant for the general public, GetYourGuide offers the Direct Message functionality. Direct Messages are exclusively meant for information concerning the Service offering and its execution. Personal messages or messages not pertaining to the Service may not be exchanged through the Direct Message functionality. Contracts and cancellations may not be executed or negotiated through the Direct Message functionality. GetYourGuide is explicitly entitled to monitor Direct Messages and delete any which do not comply with these criteria.
17. Rules for Customer-related Communication
17.1 The Supplier may neither in his Service description nor in the forum or via a private direct message refer Customers or sub-agents to his own external internet website, a third party website/platform, or otherwise provide information to get in touch outside of the Platform.
17.2 The Supplier is required to handle all Customers’ inquiries, etc. received through GetYourGuide exclusively on the Platform. The Supplier will neither directly nor indirectly urge Customers or sub-agents, who got in touch through GetYourGuide, to book a service outside the Platform. If prospective Customers or sub-agents, who got in touch through GetYourGuide, inquire to book a service outside the Platform, the Supplier will refer him to the Platform.
18. Review System
After the fulfillment of a Service, Customers have the opportunity to review a booked Service through GetYourGuide's review system. The aim of the review system is to create meaningful and accurate feedback and the Supplier profiles in terms of performance, reliability, and trustworthiness. These Profiles can be viewed by any Customer on the Platform. All content provided in this review system is the exclusive content of GetYourGuide. The Supplier is not allowed to publish reviews on his own site/third party sites without the prior written consent of GetYourGuide.
19. Data Protection
The Supplier agrees that he has in place and will maintain, or will establish and maintain, adequate security procedures and controls to prevent the unintended disclosure of, and the unauthorized access to or misappropriation of, any personal data or information of any Customer. Neither the Supplier nor its affiliates shall either directly or indirectly, engage in any solicited or unsolicited marketing, promotional, or similar communications with any Customer that has booked through the Platform without such Customer’s consent. The Supplier will process, store, transmit, and access any Customer-related information that includes payment information (including, without limitation, credit card, debit card, or bank account information) in compliance with applicable law including, without limitation, the data security rules of the Payment Card Industry Data Security Standard for protecting credit and debit cardholder information applicable to the Supplier, and the EU Data Protection Directive (and all laws promulgated thereunder), in each case as the same may be amended, updated, replaced, or augmented. Upon GetYourGuide’s request, the Supplier will provide evidence that he has established and maintains technical and organizational security measures governing the processing of personal data in accordance with this section.
20. Representations and Warranties
In addition to any other representations and warranties made by the Supplier in these Conditions, the Supplier hereby represents and warrants that: (a) the Supplier has authorized the individual entering into these Conditions on the Supplier’s behalf to take such action on the Supplier’s behalf, (b) this Contract constitutes a valid and binding obligation enforceable against the Supplier in accordance with its terms, (c) the performance of the Supplier obligations under these Conditions will not violate any agreement or obligation between the Supplier and any third party, (d) the Supplier’s performance under these Conditions will comply with the Conditions, (e) the Supplier holds all licenses, permits, and authorizations required to make his service available for booking through the Platform and to otherwise comply with the Supplier’s obligations under these Conditions, (d) the Supplier is the owner of all intellectual property rights uploaded through the Supplier Account or authorized by the owner of such rights to upload and license such rights through the Platform.
21. Liability of the Supplier and Indemnification
The Supplier agrees, at his expense, and on an after-tax basis, to indemnify, defend, and hold harmless GetYourGuide, each of its affiliates and any of GetYourGuide’s or any of its affiliates’ officers, directors, employees, or agents or GetYourGuide’s third party distribution partners against any third-party claim, action, loss, damage, expense or other liability (including without limitation, attorneys’ fees and expenses) arising from or relating to (a) the Supplier’s Services, (b) the performance of the Supplier’s duties and obligations under this Contract or any breach or default by the Supplier under this Contract, including, without limitation, a breach of any representation, warranty or covenant, or (c) any allegation that GetYourGuide’s or any of its affiliates’ use, reproduction, distribution or display of the Service information as permitted under this Contract infringes or misappropriates the intellectual property rights of any third party. The Supplier agrees to use a counsel reasonably satisfactory to GetYourGuide to defend any indemnified claim, and GetYourGuide may participate in the defence or settlement of any claim at any time using attorneys selected by GetYourGuide. The Supplier also agrees not to consent to the entry of any settlement or judgment without GetYourGuide’s prior written consent, which will not be unreasonably withheld by GetYourGuide.
22. Limitation of Liability of GetYourGuide
22.1 GetYourGuide makes no representations or warranties regarding the Platform, including any temporary or permanent interruption of the operation of the Platform.
22.2 GetYourGuide bears no risk with respect to the number, frequency, or type of Services booked through the Platform.
22.3 GetYourGuide’s liability under the Conditions shall be restricted as follows:
- GetYourGuide shall be fully liable for losses caused intentionally or with gross negligence by GetYourGuide, its legal representatives or senior executives and for losses caused intentionally by other assistants in performance; in respect of gross negligence of other assistants in performance GetYourGuide’s liability shall be as set forth in the provisions for simple negligence in (d) below.
- GetYourGuide shall be fully liable for death, personal injury, or damage to health caused by the intent or negligence of GetYourGuide, its legal representatives or assistants in performance.
- GetYourGuide shall be liable in accordance with the German Product Liability Act in the event of product liability.
- GetYourGuide shall be liable for losses caused by the breach of its primary obligations by GetYourGuide, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of the Contract, which were decisive for the conclusion of the Contract and on the performance of which the Licensee may rely. If GetYourGuide breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by GetYourGuide at the time the respective Service was performed.
22.4 GetYourGuide shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken.
22.5 Any more extensive liability of GetYourGuide is excluded on the merits.
All notices must be in English, in writing, and sent by facsimile or a nationally recognized overnight air courier to the applicable facsimile number or address indicated above. GetYourGuide may also provide notice to the Supplier by electronic transmission. Notices are deemed, delivered and received (a) if by facsimile transmission, upon successful facsimile transmission, (b) if by a nationally recognized overnight air courier, upon delivery to GetYourGuide by such nationally recognized overnight air courier, or (c) if by electronic transmission, when directed to an electronic mail address entered into the Supplier Account by the Supplier.
24. Term and Termination
24.1 The Contract is concluded for an indefinite period of time.
24.2 The Supplier and GetYourGuide may terminate the Contract at any time and without cause. A termination can be done automatically by using the appropriate function in the Supplier Account. Remaining confirmed bookings shall be executed as planned.
24.3 If there are specific indications that a Supplier is culpably violating legal provisions, third party rights, or the Conditions or if GetYourGuide otherwise has a legitimate interest, particularly with regard to protecting Customers or other Suppliers against fraudulent activities GetYourGuide is entitled to take one or more of the following actions taking into account the respective interest of the Supplier in the respective case in a reasonable manner:
- Issue the Supplier with a warning;
- Delete the Supplier's offers or other content;
- Restrict the Supplier's use of the website;
- Temporarily or permanently exclude (block) the Supplier from the website;
- Contest and cancel existing bookings in the name of the Supplier without taking into account the applicable cancellation policies, and reject Customers’ offers for the conclusion of a Contract in the name of the Supplier.
GetYourGuide reserves the right to modify and impose new or additional terms and conditions to this Contract at any time. GetYourGuide will notify the Supplier with a message to his Supplier Account about any changes in this Contract. If the Supplier does not accept such modifications or new or additional terms and conditions, he may terminate this Contract upon written notice to GetYourGuide. The Supplier’s failure to exercise his right to terminate this Contract within 30 (thirty) days after notice of any modification or new or additional terms and conditions to this Contract will constitute his acceptance of such changes.
26. Final Provision
26.1 No subsidiary agreement has been made. All alterations and amendments to this Contract shall be made in writing to take legal effect.
26.2 If any provisions of this Contract are or become invalid or void, the validity of the remaining parts of the Contract shall remain unaffected thereby. Invalid or void provisions shall be replaced by such provisions that are suitable to achieve the same purpose in consideration of the interests of both parties.
26.3 The claims of the Supplier resulting from this Contract may not be assigned or transferred to third parties without the prior written approval of GetYourGuide.
26.4 GetYourGuide is entitled to assign and transfer its rights and obligations resulting from this contract to affiliated companies within the meaning of § 15 AktG.
26.5 This Contract shall be governed by and construed in accordance with the provisions of German Law under exclusion of its conflict of law rules. The place of performance and exclusive legal venue for any disputes arising from or in connection with the performed services shall be Berlin provided that the Supplier is a businessman or legal person under public law or has no place of business or domicile in the Federal Republic of Germany.
Berlin, 10th of January 2017