Terms and Conditions
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Terms and Conditions
Welcome to Tourism99 and our website at www.tourism99.com (our “website”). These Terms and Conditions (the “Terms”) constitute a legal agreement between you and us governing the use of our website and our services. We license use of our website to you on the basis of these Terms. We do not sell our website to you and we remain the owner of our website at all times.
1. ABOUT US
We are LD-Classic-Center GmbH Dimpfelstr. 11 04347 Leipzig Germany (“Tourism99” “we” “us” “our”).
To contact us please email info@tourism99.com or write to us at the above address.
These Terms were last updated on Sunday 07th of July 2024 and are the current and valid version.
The Tourism99 logo as well as related names marks emblems and images are copyright of LD-Classic-Center GmbH. All rights reserved © 2024 LD-Classic-Center GmbH.
2. TERMS OF USE
The provisions set out in these Terms govern your access to and your use of our website and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms you must not use our website.
Subject to you agreeing to abide by these Terms we hereby grant to you a revocable non-exclusive and non-transferable license to use our website on these Terms.
By registering for an Account which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our website you agree and acknowledge that:
- you have read the terms set out in these Terms and agree to be bound by and comply with them; and
- you are at least 18 years old;
You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. We are not responsible for any loss damage or liabilities arising as a result of or in connection with the wrongful fraudulent or illegal use of your Account.
If you are using our website and services on behalf of a company organization or other legal entity you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms in which case the words “you” and “your” as used in these Terms shall refer to such entity.
We reserve the right to change modify suspend or discontinue any portion of the Services our website or any other products services affiliated websites and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
Save to the extent permitted by us in writing you are not permitted to use or submit any content to our website or any of our affiliated websites to advertise promote or market any products or services of any third party or yourself.
The following additional terms also apply to your use of our website and form part of these Terms:
- Our Privacy Policy
- Our Cookie Policy
3. OUR BLOG
The Tourism99 blog and its contents have been compiled with the greatest possible care. However we do not accept any liability or guarantee for the topicality correctness and completeness of the information provided on our blog.
Liability claims against us our directors officers employees agents which refer to material or non-material damages which have been caused by the use or non-use of the information provided or by the use of incorrect and incomplete information are fundamentally excluded provided that there is no demonstrable intentional or grossly negligent fault on our part.
We expressly reserve the right to change supplement or delete parts of the pages or the entire blog without separate announcement or to discontinue the publication temporarily or permanently.
All data is published conscientiously but without guarantee.
Errors in the content will be corrected immediately upon being brought to our attention. All rights including those of reprinting extracts photomechanical reproduction and translation are reserved and require our written consent. Unauthorized use even of extracts will be prosecuted.
4. BLOG CONTENT DISCLAIMER
The content on our blog is provided by us in good faith on an "as is" basis for general information purposes only and is not intended to constitute or substitute professional advice of any kind. You are encouraged to confirm any information obtained from or through our website with other sources.
All articles blog posts updates or other information available on our website are prepared so that they are current as at the date of writing.
We make no representations about the suitability reliability timeliness comprehensiveness and accuracy of the information services and other content contained on our website. We may from time to time change or add to our website without notice. However we do not undertake to keep our website updated. We are not liable to you or anyone else if errors occur in the information on our website or if that information is not up-to-date.
5. OUR DIRECTORY
Tourism99 merely provides the technical and organizational infrastructure to allow hospitality and tourism related businesses (“Service Providers”) to advertise certain services (“Advertisements”) and interested parties and visitors (“Visitors”) of the website to contact and enter into certain contracts with Service Providers. For the purpose of these Terms Visitors and Service Providers are collectively referred to as “Users”.
Tourism99 does not itself become a contracting party to the contracts concluded exclusively between the Users. Users themselves are responsible for compliance with legal requirements and the assertion of claims arising from the contracts they have concluded. In particular Tourism99 does not guarantee:
- the accuracy and completeness of the statements and declarations made by Service Providers in relation to the Services offered
- the Services offered as such; and
- the conduct and performance of the relevant Service Providers.
The content published by the respective Service Providers is generally not reviewed by Tourism99 and does not represent the opinion of Tourism99.
Tourism99 assumes no liability for the content that Service Providers provide nor the ability to fulfill the requirements for a by the Service Providers advertised service or also any information provided by the Service Providers.
Tourism99 reserves the right to delete a Service Providers’ profile in the case of false information and gross violations of these Terms without prior notification or naming of reasons. In the case of gross deception falsification of documents or other wilful misrepresentation Tourism99 will take appropriate action including legal action.
6. UPLOADING CONTENT TO OUR DIRECTORY
You irrevocably and unconditionally represent and warrant that any of your content uploaded to our website complies with our Privacy Policy Acceptable Use Policy Germany`s Data Protection Act (Bundesdatenschutzgesetz) (“BDSG”) and the EU's General Data Protection Regulation (“GDPR”) and any other applicable laws.
You are fully responsible for your content uploaded to our website. We will not be responsible or liable to any third party for:
- the content or accuracy of any content or data uploaded by you by us on your behalf or any other user of our website; or
- the loss of any content or data provided to us by you. You should keep a record of all such content and data.
We will only use the content uploaded by you for the purposes of carrying out the services carrying out our obligations in these Terms and any other purpose expressly set out in these Terms or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you save for when required by law a court of competent jurisdiction or any governmental or regulatory authority.
We may use the content uploaded by you for the purpose of data analytics. Any such content shall be anonymised and used only for the purposes of improving the services and our response to users of the website.
We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our website constitutes a violation of their rights under applicable law.
We have the right to delete any content uploaded to our website if in our opinion it does not comply with the content standards set out in our Acceptable Use Policy.
7. CONTRIBUTION LICENSE
By posting your text messages comments and other media messages (“Contributions”) to any part of our directory you automatically grant and you represent and warrant that you have the right to grant to us an unrestricted unlimited irrevocable perpetual non-exclusive transferable royalty-free fully-paid worldwide right and license to host use copy reproduce disclose publish broadcast retitle archive store cache publicly perform publicly display reformat translate transmit excerpt (in whole or in part) and distribute such Contributions (including without limitation your image and voice) for any purpose commercial advertising or otherwise and to prepare derivative works of or incorporate into other works such Contributions and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form media or technology now known or hereafter developed and includes our use of your name company name and franchise name as applicable and any of the trademarks service marks trade names logos and personal and commercial images you provide. You waive all moral rights in your Contributions and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the website.
You are solely responsible for your Contributions to the website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right in our sole and absolute discretion:
- to edit redact or otherwise change any Contributions;
- to re-categorise any Contributions to place them in more appropriate locations on the website; and
- to pre-screen or delete any Contributions at any time and for any reason without notice.
We have no obligation to monitor your Contributions.
8. SUBMISSION OF ADVERTISEMENT(S)
Service Providers will submit any and all Advertisements to us according to our advertising submission specifications provided to Service Providers in writing.
We may in its good faith and reasonable judgment reject any Advertisement which is not in the proper format and/or reject any link to an Advertised Site which is not materially functional and/or which we consider unsuitable for linking to the Advertisement.
If we reject an Advertisement and the Service Providers is unable or unwilling to comply with our submission guidelines then placement and hosting of the applicable Advertisement shall be deemed canceled.
We agree that we will use all commercially reasonable efforts to protect any and all materials supplied to us by or on behalf of Service Providers. However we will not be liable for any loss cost or damage to your materials.
Service Providers warrant and undertake that all Advertising will comply with all statutory and legal requirements and regulations from time to time in force or such replacement or supplementary code as issued from time to time and acknowledges that it is our policy to conduct advertising campaigns in general in a manner so as not to:
- send unsolicited (i.e. spam) email to recipients;
- promulgate advertising that is in any way false or misleading;
- misuse or misappropriate another party’s intellectual property and/or other third party rights of any kind;
- send obscene messages to any recipients; and/or
- use email or other forms of messaging to conduct illegal or immoral activities of any kind as per current applicable law.
Each party further agrees that it will cooperate with the other party in all reasonable respects in its efforts to respect any user’s privacy wishes and requests to be unsubscribed from receiving email.
9. ADVERTISEMENT FEES
Placement of Advertisements may require payment of fees (“Fees”). These Fees will be notified to the Service Providers through our website.
Any Fees due in relation to the Premium Advertisements must be paid by their due date for payment as notified to the Service Providers through our website or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to the Service Providers Account and/or our website or any of the Advertisement Services.
Our Fees may be amended from time to time at our discretion. We will provide the Service Providers reasonably advance written notice of any amendment of recurring Fees.
The Service Providers shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
All payments shall be made by using the payment methods specified by us from time to time. The Service Providers acknowledges and agrees that it is subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure disruption or error in connection with the Service Provider's chosen payment method. We reserve the right at any time to modify or discontinue temporarily or permanently any payment method without notice to you or giving any reason.
We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds without any restriction condition withholding deduction set-off or counterclaim whatsoever.
Unless otherwise notified in writing by us termination of the Service Providers's Account for any reason whatsoever shall not entitle the Service Providers to any refund of the Fees.
10. ACCEPTABLE USE POLICY
You may use our website only for lawful purposes. You may not use our website:
- in any way that breaches any applicable local or international laws or regulations;
- in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- to send knowingly receive upload download use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
- to knowingly transmit any data send or upload any material that contains viruses Trojan horses worms time-bombs keystroke loggers spyware adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to reproduce duplicate copy or re-sell any part of our website in contravention of the provisions of our Terms; and
- not to access without authority interfere with damage or disrupt:
- any part of our website;
- any equipment or network on which our website is stored;
- any software used in the provision of our website; or
- any equipment or network or software owned or used by any third party.
Except as expressly set out in these Terms or as permitted by any applicable law you undertake:
- not to disassemble decompile reverse-engineer or create derivative works based on the whole or any part of the source code of our website nor attempt to do any such thing or to reproduce display or otherwise provide access to the services our website or any of the contents therein including but not limited to framing mirroring linking spidering scraping or any other technological means;
- not to provide or otherwise make available our website in whole or in part (including but not limited to program listings object and source program listings object code and source code) in any form to any person without prior written consent from us;
- to include our copyright notice on all entire and partial copies you make of our website on any medium;
- to comply with all applicable technology control or export laws and regulations; and
- not to disrupt disable or otherwise impair the proper working of the services our website or our servers such as through hacking cyber-attacks (including but not limited to denial-of-service attacks) tampering or reprogramming.
11. SUSPENSION
We will determine in our discretion whether there has been a breach of these Terms through your use of our website.
When a breach of these Terms has occurred we may take such action as we deem appropriate.
Failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use our website and may result in our taking all or any of the following actions:
- immediate temporary or permanent cancellation of your right to use our website;
- immediate temporary or permanent removal of any Contribution;
- issuance of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in this policy are not limited and we may take any other action we reasonably deem appropriate.
12. NO RELIANCE ON REVIEWS
Reviews commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed; they are there for guidance purposes only.
We make no representations warranties or guarantees whether express or implied that the content on our website is accurate complete or up to date.
13. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in our website anywhere in the world belong to us that rights in our website are licensed (not sold) to you and that you have no rights in or to our website other than the right to use them in accordance with these Terms.
Any intellectual property rights in content uploaded by you to our website shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use reproduce publish and display such intellectual property rights for the purposes of performing the Services promotional purposes internal administrative purposes and any other purposes set out in these Terms including for the purpose of improving the Services and our responses to users of the website.
You acknowledge that you have no right to have access to our website in source code form.
You must not use any part of the content on our website for commercial purposes not specified on our website without obtaining a license to do so from us or our licensors.
14. WARRANTIES
While we make all efforts to maintain the accuracy of the information on our website we provide the Services website and all related content on an “as is” and “as available” basis unless otherwise specified in writing. We make no representations or warranties of any kind express or implied as to the operation of any of the foregoing unless otherwise specified in writing.
To the full extent permissible by law we disclaim all warranties express or implied relating to our website or any Services including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services our website the related content or electronic communications sent by us are free of viruses or other harmful components.
You agree that your use of the website is at your sole risk. You will not hold Tourism99 or its third-party service providers licensors or suppliers as applicable responsible for any loss or damage that results from your access to or use of the website including without limitation any loss or damage to any of your computers or data.
15. AFFILIATE DISCLOSURE
We are a participant in Affiliate Programs. An affiliate advertising program is designed to provide a means for website operators to earn advertising fees by advertising and linking.
Our website may contain affiliate marketing links which means we may get paid commission on sales of those products or services we write about. You will never be charged a fee through one of our affiliate links. You may get a discounted rate of the relevant affiliate services and we will make a small commission.
Our editorial content is not influenced by advertisers or affiliate partnerships.
The information provided within our website is accurate and true to the best of our knowledge; but it is possible that there may be omissions errors or mistakes.
Relying on the information provided is at your own risk.
16. ADVERTISERS AND AFFILIATES
We allow advertisers and affiliates to display their advertisements and links and other information in certain areas of the website. If you are an advertiser or affiliate you take full responsibility for any advertisements you place on the website and any services provided on the website or products offered through those advertisements.
Further as an advertiser or affiliate you warrant and represent that you possess all rights and authority to place advertisements on our website including but not limited to intellectual property rights publicity rights and contractual rights.
We simply provide the space to place such advertisements and links and we have no other relationship with advertisers and affiliates.
17. LIMITATION OF LIABILITY
We are not liable for the completeness accuracy or correctness of any information uploaded on our website and any related content. You expressly agree that your use of the Services and our website including reliance on any Service Providers’ information is at your sole risk.
You agree not to use the Services our website and the related content for any resale purposes and we have no liability to you whether in contract tort (including negligence) breach of statutory duty or otherwise arising under or in connection with these Terms (including but not limited to the use of or inability to use the Services our website or any other website or software) for:
- loss of profits sales business or revenue;
- business interruption;
- loss of anticipated savings;
- loss or corruption of data or information;
- loss of business opportunity goodwill or reputation; or
- any other indirect or consequential loss or damage.
Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud; and/or
- any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website. Except as expressly stated in these Terms there are no conditions warranties representations or other terms express or implied that are binding on us. Any condition warranty representation or other term concerning the supply of the Services and our website which might otherwise be implied into or incorporated in these Terms whether by statute common law or otherwise is excluded to the fullest extent permitted by law.
18. INDEMNITY
You agree to indemnify and hold us our related corporations and our respective directors officers employees agents and representatives independent contractors licensees successors and assigns harmless from and against all claims losses expenses damages and costs (including but not limited to direct incidental consequential exemplary and indirect damages) and reasonable legal fees resulting from or arising out of your act default or omission whether in your use of our website Services and/or any websites or software in relation thereto or otherwise and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
19. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organization but this will not affect your rights or obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
No joint venture partnership or agency or employment relationship has arisen by reason of these Terms.
These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter and supersedes and extinguishes all previous agreements promises assurances warranties representations and understandings between us whether written or oral relating to that subject matter. You agree that you shall have no remedies in respect of any statement representation assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
If we fail to insist that you perform any of your obligations under these Terms or if we do not enforce our rights against you or if we delay in doing so that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you we will only do so in writing and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable the remaining conditions will remain in full force and effect.
These Terms its subject matter and its formation and any other disputes or claims in connection therewith are governed by the laws of Germany. In the event of any such disputes or claims in connection with these Terms you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days we both irrevocably submit to the exclusive jurisdiction of the courts of Germany.