General Terms and Conditions
Version 1, 22.11.2019
1. Scope and application of these General Terms and Conditions
1.1. TourBookers GmbH, Zielstattstr. 19, 81379 Munich, Germany (hereinafter referred to as the "TourBookers GmbH") runs an intermediary online platform (hereinafter referred to as the "TourBookers Platform") www.tourbookers.com. It is available via the internet and displays guided and unguided tourist tours, activities and experiences such as sightseeing and adventure tours, sports and nature activities, cultural and romantic experiences, boat trips, cooking classes, spa treatments as well as tickets for entry to sightseeing locations and other services, e.g. rentals and transfers (hereinafter jointly referred to as the "Tourist Services").
1.2. The Tourist Services are offered and placed online by a range of independent local suppliers around the world (hereinafter referred to as "Tour Providers"). Contracts for Tourist Services are concluded directly between the user of the TourBookers Platform (the "User") and the Tour Provider of Tourist Services. Additional terms and conditions of the Tour Provider for the provision of the Tourist Services may apply. The User will be provided with these additional terms and conditions (“What you need to know before you go”) in the description of the Tourist Service on the TourBookers Platform and upon confirmation of the booking at the latest. If a User books Tourist Services via a linked partner platform or if a subintermediary makes a booking on behalf of a User on a connected partner platform, a corresponding contract is concluded directly between this User and the Tour Provider. TourBookers GmbH is not a contract party with regards to the Tourist Services offered on the TourBookers Platform.
1.3. The contractual relationship between the User and TourBookers GmbH only comprises the proper referral of the User by TourBookers GmbH to the respective Tour Provider, or the forwarding of information from the Tour Provider to the User. TourBookers GmbH does not act as the organizer, lessor, seller or other contract partner with regards to the Tourist Service. TourBookers GmbH makes no guarantee or warranty as to the Tourist Services provided by the Tour Providers. The contact partner of the User in the event of questions and claims in connection with a Tourist Service agreement and its execution is solely the respective Tour Provider.
1.4. TourBookers GmbH also provides the TourBookers Platform to certain cooperating partners (subagent/distribution partner) for the booking of the Tour Provider’s Tourist Services. The use of the TourBookers Platform by subagents or distribution partners requires a separate contractual agreement and is not permitted without the prior written authorization of TourBookers GmbH.
1.5. These General Terms and Conditions apply to any use of the TourBookers Platform, including but not limited to any bookings of Tourist Services through the TourBookers Platform.
1.6. TourBookers GmbH may block Users from accessing the TourBookers Platform or parts of it, or require certain conditions to be fulfilled for such access.
2. Information available on the TourBookers Platform
2.1. The information on the TourBookers Platform is for general informational purposes only. Information on the TourBookers Platform does not constitute a binding offer of TourBookers GmbH. Binding agreements with Tour Providers of Tourist Services available on the TourBookers Platform require a booking request through the TourBookers Platform and the Tour Provider's acceptance of the booking request according to these General Terms and Conditions of TourBookers GmbH.
2.2. While TourBookers GmbH tries to ensure that the information available on or through the TourBookers Platform is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, currency, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). TourBookers GmbH may change, add or remove information on the TourBookers Platform and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such.
3. Registration, cancelation of registration
3.1. To make or change a booking for a Tourist Services on the TourBookers Platform the User has to be registered. Registration takes place during the booking process where the User consents to the TourBookers’ General Terms and Conditions and a user account is created. Natural persons must be over the age of 18 in order to register. The Tourist Services may only be booked by natural persons.
3.2. The creation of more than one user account for the same natural individual or legal entity is not permitted. The user account cannot be transferred. The User shall keep the registration data (user login and password) secret, take suitable precautions to prevent third parties becoming aware of it and not allow third parties access to the TourBookers Platform using his/her registration data. The User shall be accountable for all use of his/her user account on the TourBookers Platform.
3.3. The User can cancel his/her registration on the TourBookers Platform at any time by contacting the TourBookers’ customer service at info@tourbookers.com. TourBookers GmbH can cancel a registration unilaterally with one week’s notice. The right to extraordinary cancelation remains unaffected. Claims which have arisen before the cancelation as well as any agreements for Tourist Services between the User and the Tour Provider remain unaffected by the cancelation of the user account.
4. Booking of Tourist Services, Conclusion of contract, Cancelation and Alteration of Tourist Services
4.1. The User chooses the desired Tourist Services on the TourBookers Platform. By clicking on one of the offered Tourist Services the User is provided with information about the Tourist Services, including e.g. the Tour Provider, duration and price and, if applicable, the terms and conditions of the Tour Provider (“What you need to know before you go”) for the provision of the Tourist Services. The User is responsible for meeting and complying with these conditions. The Tour Provider may reserve the right to exclude the User from individual activities or the Tourist Service itself, if the User does not comply with the terms and conditions of the Tour Provider. In such case, the Tour Provider may reserve the right that the paid price will not be refunded.
4.2. The User enters the specifications of the desired Tourist Service (e.g. desired date, start time, number of participants). After the selection of the Tourist Service and transfer to the shopping cart by clicking on "Add tour to cart", the User may leave additional information that might be necessary for pickup (e.g. name and address of hotel, message for the tour provider). In the next step, the User enters his/her customer details as billing information (e.g. first name, last name, country (place of residence), mobile phone number) and proceeds to checkout by clicking the button "Proceed to checkout". In the checkout section, the User selects his/her preferred method of payment and agrees to the terms and conditions. By clicking the button "Buy now and proceed to payment", the User is redirected from the TourBookers Platform to the PayPal store page. By clicking the button "Continue" there, the User makes a binding contractual offer to the Tour Provider of the desired Tourist Service.
4.3. TourBookers GmbH shall provide the User with a booking request confirmation by email. The User is bound to his/her contractual offer for seven days. If the Tour Provider accepts the offer within this period, the contract comes into binding effect.
4.4. The Tour Provider confirms or declines the booking request usually within seven days towards TourBookers. In case the Tour Provider confirms the booking of the User, the contract for the selected Tourist Service is concluded directly between the User and the Tour Provider. TourBookers GmbH shall provide the User with a booking confirmation email in the name of the Tour Provider including the partly paid voucher for the security deposit (see 5.4) with the Tour Provider terms and conditions and the invoice for the security deposit. In case the Tour Provider declines the booking of the User, TourBookers GmbH will inform the User accordingly.
4.5. TourBookers GmbH shall forward to the User any data for the use of the Tour Provider’s Tourist Service according to the applicable conditions, once it has been received from the Tour Provider. TourBookers GmbH assumes no guarantee for the accuracy of forwarded data or for the performance of Tourist Services by the Tour Provider.
4.6. The User can manage his/her bookings on the TourBookers Platform under "My tours". The My tours dashboard contains all relevant information regarding the Tourist Service (e.g. tour provider details, tour details, booking details) and offers the possibility to download the partly paid voucher and to cancel the booking.
4.7. The User may cancel his/her booking of the Tourist Service on the TourBookers Platform under "My tours" by clicking the button "Cancel tour booking request free of charge" (in case the Tour Provider has not yet confirmed the booking request), "Cancel tour booking free of charge" (in case the Tour Provider has already confirmed the booking request and the User cancels within the given cancelation period) or "Cancel tour booking (charge fees apply)" (in case the Tour Provider has already confirmed the booking request and the User cancels outside the given cancelation period). TourBookers GmbH shall provide the User with a cancelation confirmation email in these cases.
4.8. The Tour Provider may alter or cancel the Tourist Service up to and on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or unavoidable external conditions (in particular force majeure) make the execution of the tour impossible, make it considerably more difficult or endanger it. In the case of alteration, the tour takes place and the Tour Provider offers a comparable tour program. In the case of Tour Provider cancelation, the tour does not take place and TourBookers GmbH shall provide the User with a cancelation information email.
5. Pricing and Payments
5.1. All special offers and promotional campaigns are marked as such.
5.2. All prices on the TourBookers Platform are quoted per person or package and include VAT, sales taxes and all other applicable national, governmental, provincial, state, municipal or local taxes or levies. No further salaries, taxes, dues, commissions or other expenses shall be requested from the User upon the execution of the tour.
5.3. The prices are specified by the Tour Providers and may be subject to special conditions, for example with regard to cancelation and the refunding of payments made. Before making the booking, please check precisely whether the respective Tourist Service is subject to separate conditions.
5.4. The payment of the tour price for the Tourist Service is summarized for the User in the checkout section of the TourBookers Platform and comprises the following payments: The payment designated as "Due now (security deposit incl. VAT) " is charged by TourBookers GmbH upon the Tour Provider's confirmation of the booking and ensures the reservation of the Tourist Service for the User. The security deposit equals approximately 20% of the tour price. TourBookers GmbH shall issue an invoice for this payment that is included in the booking confirmation email to the User. The remaining amount "Due on the day of your tour" (approximately 80% of the tour price) is to be paid by the User to the Tour Provider on the day of the tour. It has to be paid in cash in EUR on site directly to the Tour Provider before the tour starts. If necessary, the User shall request the invoice for this payment directly from the Tour Provider.
5.5. In the checkout section of the TourBookers Platfom, the User is informed about the payable amount "Total payment (incl. VAT)" for the desired Tourist Service. In case the shopping cart of the User contains more than one Tourist Service, the single amounts of "Due now (security deposit incl. VAT)" for the different Tourist Services are added up to the amount "Total payment (incl. VAT)". By clicking the button "Continue" in the PayPal store page, the User makes a binding contractual offer to the Tour Provider of the desired Tourist Service and the payable amount is preauthorized. In case the Tour Provider confirms the booking of the User, the preauthorized payable amount is charged and the payment takes place. In case the Tour Provider declines the booking of the User, the preauthorized payable amount is released and the payment is canceled.
5.6. The User may cancel his/her booking request on the TourBookers Platform under "My tours" before the Tour Provider has confirmed the booking request free of charge ("Cancel tour booking request free of charge"). In this case, the payment is canceled and the User is not charged for the Tourist Service. The User may cancel his/her booking within the specified cancelation period free of charge ("Cancel tour booking free of charge"). In this case, the security deposit is refunded by the selected payment method in the following days. If the User cancels his/her booking outside the specified cancelation period ("Cancel tour booking (charge fees apply)") or does not show up for the tour, the security deposit will not be refunded. If the Tour Provider cancels the Tourist Service, the paid security deposit will be refunded by the selected payment method in the following days.
5.7. The User has to enter correct payment information and update the details immediately in the event of changes by notifying the TourBookers’ Customer Service at info@tourbookers.com. TourBookers GmbH can reject the payment method specified by the User. The User is notified of the payment methods permitted for the respective service during the order process.
5.8. Upon the authorization of the payment, the User consents to his/her payment information being used for the collection of payments by TourBookers GmbH. TourBookers GmbH reserves the right to make the use of the payment function of TourBookers GmbH dependent on a check of the credit rating of the User.
6. Availability of the TourBookers Platform, third-party content, no warranty
6.1. There is no claim against TourBookers GmbH for availability, quality or service features of, or technical support for the TourBookers Platform. TourBookers GmbH may redesign, reduce or suspend the TourBookers Platform at any time, at its discretion. Existing agreements of the User with a Tour Provider, as well as the execution of these agreements, remain unaffected by these changes.
6.2. TourBookers GmbH does not provide any warranties, express or implied, in relation to the availability of the TourBookers Platform or its functions or that the TourBookers Platform and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, TourBookers GmbH does not guarantee that information available on the TourBookers Platform has not been altered through technical defects or by unauthorized third parties.
6.3. TourBookers GmbH makes no guarantee or warranty as to the accuracy or completeness of data provided by third parties (such as Tour Providers).
6.4. TourBookers GmbH does not assume any responsibility for third party content (including any Tourist Services of Tour Providers available for booking and information relating to such Tourist Services) that may be available through the TourBookers Platform, and for content linked to the TourBookers Platform or which are linked to from it or referred to. TourBookers GmbH does not recommend or endorse such content, and will not have any liability relating to it. If you think we have illicit content on the TourBookers Platform, please send an email to info@tourbookers.com.
6.5. Where TourBookers GmbH links to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you.
7. Liability of TourBookers GmbH
7.1. Unless TourBookers GmbH has assumed a contractual obligation by means of an explicit agreement with the User, TourBookers GmbH is not liable for the execution or conclusion of any Tourist Service agreement by the Tour Provider.
7.2. Unless explicitly declared or agreed by TourBookers GmbH, TourBookers GmbH is neither liable for defects in the performance of the Tourist Service by the Tour Provider nor for personal or material damage incurred by the User in connection with the Tourist Services provided by the Tour Provider.
7.3. Any liability of TourBookers GmbH for damages resulting to injury of life, limb or health due to the culpable violation by TourBookers GmbH, its legal representatives or its vicarious agents of obligations in the brokering of contracts for Tourist Services remains unaffected.
7.4. Any liability of TourBookers GmbH for the violation of a key obligation, which needs to be fulfilled in order to allow the proper execution of the brokering agreement or the violation of which endangers the fulfilment of the contractual purpose or for other damages incurred by the User due to a grossly-negligent breach of duty by TourBookers GmbH or a willful or grossly-negligent breach of duty by a legal representative or vicarious agent of TourBookers GmbH remains unaffected.
7.5. In case of ordinary negligence, TourBookers GmbH is only liable for the violation of a key contractual obligation and only for foreseeable and typical damage. Key contractual obligations are obligations, which need to be fulfilled to make the proper execution of the contract possible and whereby the User can regularly rely on them being met.
7.6. TourBookers GmbH does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the TourBookers Platform, for content linked to the TourBookers Platform or linked to from it or referred to. TourBookers GmbH does not recommend or endorse such content, and will not have any liability relating to it. Where TourBookers GmbH links to third party websites, you use such websites at your own risk. TourBookers GmbH recommends reading the policies of these websites and review how these websites may process personally identifiable data.
7.7. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability law.
8. Data protection
8.1. TourBookers GmbH collects and uses personal data of Users to the extent that is necessary for the operation of the TourBookers Platform and the conclusion and execution of the Tourist Services Agreement between the User and the Tour Provider.
8.2. If TourBookers GmbH is involved in the communication relating to the Tourist Service Agreement between the User and the respective Tour Provider, it shall transfer the data required or this agreement to the respective Tour Provider. This Tour Provider processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective Tour Provider can be taken from the booking dialogue.
8.3. Further information can be found in the Privacy Policy of TourBookers GmbH at www.tourbookers.com/privacy.
9. Applicable law and Place of jurisdiction
9.1. The use of the Website of TourBookers GmbH, the TourBookers Platform and any contractual relationship between the User and TourBookers GmbH is subject to the laws of the Federal Republic of Germany. If the User is an individual person and at the time of the use of the TourBookers Platform, the place of residence is not in Germany, the mandatory consumer protection legislation of the country of residence of the User remain applicable.
9.2. The exclusive place of jurisdiction for all disputes arising out of or in connection with the use of the Website of TourBookers GmbH is Munich, Germany, if the User is an entrepreneur as per the German Commercial Code, a legal entity under public law or a special public fund or if the User does not have a general place of jurisdiction in the Federal Republic of Germany.
10. Miscellaneous
10.1. If provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the rest of the provisions.
10.2. Online Dispute Resolution (Art. 14, para. 1 ODR Resolution): The European Commission provides a platform to help you resolve online disputes: https://ec.europa.eu/consumers/odr. Our email address is info@tourbookers.com. TourBookers is neither obliged nor willing to participate in the online dispute resolution.