Validity of General Terms & Conditions
- These General Terms & Conditions govern the relationship between the user (hereinafter: “user“) and TripsByTips GmbH (hereinafter: “TripsByTips“) in regard to the use of the website www.TripsByTips.de or any site identical in content under other top-level domains, such as .com or .it etc., regardless of the language used (hereinafter: “the website“).
- These General Terms & Conditions shall apply regardless of the user’s nationality as well as the location from which the user accesses and makes use of the TripsByTips website. By using the site, the user agrees to be bound by these Terms & Conditions.
- TripsByTips is entitled to change or modify these Terms & Conditions at any time. TripsByTips will inform the user of any changes made to the Terms & Conditions through publication on its website. These changes will take effect four weeks after their publication on the site unless the user expresses an objection by email before this period expires. In the event of such an objection, TripsByTips is entitled to cancel the user’s registration when the changes take effect.
- The version of the General Terms & Conditions, currently in force, shall be published on the TripsByTips website.
Site Content, Private Use, Right of Use and Exploitation
- TripsByTips places content on its website (e.g. reports and ratings of holiday programs, travel, hotels, restaurants) generated by users, and also provides booking options for individual tour elements.
- The TripsByTips website is solely for private use. Commercial use of the website is prohibited without prior written approval from TripsByTips. The site is limited t:o content reading as well as creation of postings for publication on the website.
- TripsByTips retains all rights of use and exploitation of content published on the website. Any replication, storage or publication of content published elsewhere on the website requires prior written approval from TripsByTips.
- The user must first register in order to publish content on the website.
- By registering, the user affirms that all personal information entered during registration is accurate and complete.
- Each user may register only once and may maintain only one user account.
- The user selects a username of his or her choice. The username may not violate existing German law, rights of third parties, these Terms & Conditions or offend public morality. The following may not be used as usernames:
- Names of other persons,
- Names that are protected, in particular those protected by copyright, such as trademarks, or by other protective right,
- Names that infringe or which may infringe against the rights of natural or legal persons,
- Names that may be provocative or offensive to other users, such as, for ex., vulgar or disrespectful usernames,
- Names that contain abbreviations or codes not generally recognised which can serve to identify members of extremist groups.
- The user can upload an image for inclusion in his profile and for inclusion in any content published on the website. The user-image may not violate existing German law, the rights of third parties, these Terms & Conditions or offend public morality. The following, in particular, may not be used as user-images:
- Images of other persons,
- Images that are protected, in particular those protected by copyright, such as trademarks, or by other protective right,
- Images of a vulgar or offensive nature which may offend the sensibilities of other users.
- TripsByTips is entitled to delete usernames and images that violate the policies listed above and cancel the registration of any user found to be in violation of those policies.
- The user is obligated to maintain the confidentiality of login data provided during registration and to protect such data from access by third parties. The username owner is reponsible for all content circulated under his/her username.
Publication of Content, Transfer of Rights of Use and Copyright
- The user warrants that he/she is the lawful holder of all rights, in particular of copyrights and/or transferable rights of use and exploitation, to content (images and texts) submitted for publication on this website and is thereby legally entitled to transfer the rights described below to TripsByTips.
- The user transfers, free of charge, to TripsByTips all transferable rights of use and exploitation for the use of content submitted to the website for publication irrevocably and without restriction in terms of time, place and subject matter. This right of use and exploitation encompasses in particular the rights of translation, reproduction, distribution and transfer of content in any form and in all forms of media as well as the right of communication to the public and of making said content publically available, to broadcast via electronic and telecommunications media as well as to communication via video and audio carriers. The user also expressly consents to the transfer by TripsByTips of these rights to use and exploitation to third parties.
- The user warrants that the publication of content made available to the website violates no law or penal provision, does not infringe the rights of third parties nor harms third parties. The user is expressly obligated to refrain from submitting texts and images for publication that
- are punishable by law, such as those of sexist, pornographic, racist, inciteful, untruthful, offensive, threatening, intimidating, anti-religious or anti-constitutional nature,
- are unlawful, such as those with content that infringes against property rights (e.g. copyrights and/or trademark rights) or the privacy rights of third-parties (e. g. the right to control one’s image),
- infringe against the rights of third-parties, such as derogatory or commercially detrimental texts and images or links to websites containing harmful code-elements, viruses or the like..
- TripsByTips is entitled to process content placed at its disposal by the user to the extent necessary for graphic display or for purposes of editorial revision or enhancement (for ex: to append additional tags).
- In the event of non-compliance with these General Terms & Conditions, TripsByTips is entitled to supplement, abridge, adapt or delete content provided for publication by the user at any time and without giving prior notification to the user.
- In the event the user is found to be in non-compliance with these General Terms & Conditions, TripsByTips is entitled to bar the user from accessing the site and cancel the user’s registration.
Special Provisions for Rating Hotels, Restaurant Reviews or other publishable evaluations appearing in future in TripsByTips (hereinafter: “ratings“)
- In submitting an evaluation for publication on the website, the user warrants that he/she has undertaken the travel evaluated by him/her and/or has utilized the services evaluated by him/her.
- In submitting evaluations, the user is obligated to abide by the following policies:
- Evaluations must be undertaken independently and autonomously; in other words, evaluations should not be submitted by organizers, owners, operators, their employees or persons having any other form of association with the object being evaluated (e.g. hotel, restaurant, travel service);
- Evaluations may not contain incorrect or non-factual information;
- Promotions masked as evaluations are prohibited;
- Persons may be identified only by their functions (e.g. “the manager“ or “the receptionist), not by name, though non-interpretable aliases are permissible
- Criticism must be factual in nature; derogatory or defamatory criticism is prohibited.
- In the event the user is found to be in non-compliance with these General Terms & Conditions, TripsByTips is entitled to bar the user from accessing the website and cancel the user’s registration.
Special Provisions for the Use of the Contact Form
- In using the contact form for the purpose of contacting other users, the user is obligated to abide by the following policies:
- It is prohibited to post abusive, offensive, threatening, racist or unlawful content matter;
- Using the contact form for the purpose of distributing promotional material is prohibited;
- The collection or use of personal information of other users is prohibited;
- TripsByTips is entitled to undertake appropriate measures to ensure compliance with these policies through, for example, the automatic logging of IP addresses and messages as well as by filtering of messages by keywords.
- In the event the user is found to be in non-compliance with these policies, TripsByTips is entitled to bar the user from accessing the contact form or and cancel the user’s registration.
Special Provisions on Links to Intermediaries or Operators of Travel Services
- With respect to booking inquiries or reservations for travel services, TripsBy Tips will act as agent on behalf of the user and convey such requests to the selected intermediary or organizer of travel services.
- No contract for travel services is concluded between TripsByTips and the user through the act of relaying such a request but only between the user and the selected intermediary or organizer of travel services. The general terms & conditions of the intermediary or organizer of travel services shall apply. All claims and obligations arising from such a travel contract exist directly and exclusively between the user as well as the selected intermediary or organizer of travel services.
- Information about travel services provided on the website (images, texts, maps, prices, etc.) has been reviewed by TripsByTips to the best of its knowledge and in good faith. This information is based on data provided by intermediaries, organizers, hotels or through the experiences of other TripsByTips users. TripsByTips tries to verify the accuracy, currentness and completeness of the information. However, the accuracy, currentness or completeness of this information cannot be guaranteed with absolute certainty and TripsByTips cannot be held accountable.
Responsibility for Content, Liability
- Content submitted by users for publication on the website will not be examined in its entirety but only spot-checked by TripsByTips prior to publication. Every user is therefore requested to report any violation of penal provisions, the rights of third-parties or of these Terms & Conditions to TripsByTips. TripsByTips assumes no liability for content submitted by users for publication
- Published content serves only as guidance for other users. In this regard, it should be borne in mind that
- content may be subjectively biased,
- opinion expressed by the user may have subsequently changed,
- opinions may depend upon the season, marital status (single, couple etc), age, nationality, experience or other personal circumstances of the user.
- TripsByTips merely provides a forum for travel information and assumes no liability for the accurateness or completeness of information published herein. Every user should seek out detailed information from the appropriate source (tourist office, tourist information, etc.), in particular regarding passport and visa requirements as well as any medical precautions that may be required.
- TripsByTips reviews content submitted by users for publication on the website prior to its publication. All users are nevertheless requested to report violations of penal provisions, the rights of third-parties or of these General Terms & Conditions to TripsByTips. TripsByTips is required to immediately remove legitimately objectionable content. Formal notification of such an infringement by TripsByTips GmbH or its legal representative is not required and TripsByTips expressly refuses to accept any unnecessary costs incurred for that purpose.
- TripsByTips assumes no guarantee as to the uninterrupted accessibility of the website and is entitled to alter or discontinue the website at any time or to apply additional conditions of its use.
- TripsByTips assumes no liability for external links to third-party sites and expressly disassociates itself from their content. TripsByTips assumes no guarantee that content submitted by users is free from viruses and other potentially harmful codes.
- TripsByTips assumes no liability for material or immaterial damage caused by users or third-parties except where such damage is the result of acts of gross negligence or intent on the part of TripsByTips or its agents. The preceeding exemption from liability does not apply in regard to essential contractual obligations, the life, health or body of the user or claims involving the Product Liability Act. Liabilty is strictly limited to forseeable damages typical for contracts of this kind.
- TripsByTips reserves the right to send to the user via email a newsletter containing news and special offers.
- Upon receipt of the first newsletter, the user can choose not to receive further newsletters. For this purpose, TripsByTips will either integrate an “unsubscribe”-function into the newsletter or provide the same function within the personalized “My TripsByTips” section.
- The user pledges to release TripsByTips from all claims by third parties arising from use of the website and its contents which does not conform to these General Terms & Conditions or which is in any other way improper or unlawful.
- The user pledges to support TripsByTips in its defense against such claims, in particular by providing all information necessary to such a defense.
- The user pledges to compensate TripsByTips for any damages that TripsByTips may incur in the process of defending itself against such claims by third parties.
- The attached data protection policies shall apply.
- This contractual relationship is subject to German law. Insofar permissible by law, Berlin shall be the venue of legal jurisdiction.
- Should any clause contained in these General Terms & Conditions be or become void, that shall then apply which parties would have intended, had they known or been mindful of the invalidity of these General Terms & Conditions.
Effective: May 1st 2007