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Terms & Conditions for users
1. Scope and Definitions
1.1 These Terms & Conditions for Users apply to the use of all areas of the website www.motourismo.com, hereinafter referred to as the “Portal,” by users of the website (also referred to as “Customers” or “you”).
1.2 Customers are registered or unregistered users of the Portal who are not Operators.
1.3 Operators are MOTOURISMO itself or third natural or legal persons who offer package tours or other services, products or goods via the portal, for example tour operators, organizers of safety trainings, cornering trainings or enduro trainings, forwarding agencies and transport companies, rental vehicle companies, hotels or insurance companies.
1.4 The terms “we,” “us,” “our,” or “MOTOURISMO” refer to MOTOURISMO as a platform operated by tripsntracks UG, a German corporation of limited liability.
1.5 The Portal is provided to Customers for the sole purpose of facilitating communications and business transactions between Customers and Operators. MOTOURISMO is not a provider of any travel services. The Portal is offered to Customers solely upon the conditions set forth in these Terms & Conditions for Users and for no other purpose. By using the Portal, you accept and agree to these Terms & Conditions for Users without modification or amendment. If you do not agree to these Terms & Conditions for Users, do not use the Portal or book any travel services through the Portal. THESE TERMS & CONDITIONS FOR USERS CONTAIN IMPORTANT PROVISIONS REGARDING JURISDICTION AND VENUE FOR ANY CLAIMS BROUGHT BY A CUSTOMER AGAINST MOTOURISMO AND THE LIMITATION OF LIABILITY OF CLAIMS THAT COULD BE BROUGHT AGAINST MOTOURISMO. PLEASE READ THESE TERMS CAREFULLY.
2. Use of the Portal
2.1 By using the Portal, you represent and warrant the following:
2.1.1 You are at least 18 years of age and have the legal authority to make and enter contracts on behalf of yourself and any other individual on whose behalf you book travel;
2.1.2 You will use the Portal only for its intended purpose and not for any other reason;
2.1.3 All information provided by you is truthful and accurate in all respects.
2.1.4 You are not a resident of any of the following states: California, Florida, Hawaii, Iowa, or Washington.
2.2 MOTOURISMO reserves the right to terminate or prohibit your access to the Portal for any reason or for no reason, including, but not limited to, suspicion of fraud, copyright infringement, or a violation of these Terms & Conditions for Users.
3.1 MOTOURISMO registers Customers free of charge but reserves the right to delete any registered account or refuse registration to any Customer without warning or cause and without providing any reason. You may terminate your user account at any time, and registered accounts that have not been used for more than one year are subject to deletion. Upon deletion of a Customer account, MOTOURISMO will delete all data associated with that account within one month unless further storage is necessary for evidence purposes or for the fulfilment and settlement of an existing legal relationship. Further details can be found in our Data Protection Declaration.
3.3 You are responsible for the correctness and completeness of the data entered by you. If any information changes or otherwise becomes inaccurate, you must correct the data immediately. MOTOURISMO is not responsible for damages or charged that you may incur because of inaccurate or out-of-date information.
3.4 Access to the password-protected areas of the Portal is only possible after registration. If you have not registered, you are not authorized to access any password protection portion of the Portal.
3.5 Should you discover any misuse of your registered account, you must inform MOTOURISMO immediately. MOTOURISMO will take reasonable appropriate measures as soon as possible from the time of notification and during normal business hours to avert possible damage to the customer. In principle, customers are liable for all actions undertaken under their username. This only does not apply if the customer is demonstrably not responsible for the misuse of his username and password.
4. Relationship Between MOTOURISMO and Customer
4.1 MOTOURISMO makes the Portal available to you for the purposes of facilitating communication and mediation of contractual relationships with Operators regarding package travel contracts. If Customer concludes a contract with a third party due to the mediation of the portal, MOTOURISMO shall not become Customer's contractual partner in this respect. Between Customer and MOTOURISMO arises a separate brokerage contract relationship free of charge for Customer, unless otherwise expressly agreed.
4.2 MOTOURISMO is only the operator of package tours, individual travel services, trainings or other services if this is marked accordingly on the portal. In all other cases MOTOURISMO is not the operator.
5. Booking, Conclusion of Contract, Payment, and Insolvency Protection
5.1 “Booking” means the conclusion of a contract between a Customer and the Operator by use of the Portal.
In the case of mediation to third parties MOTOURISMO is not involved in this contractual relationship as a contractual partner, but is only a contractual partner of Customer with regard to the independent, gratuitous mediation contract (see section 4).
5.2 Operator’s general terms and conditions (including the Terms and Conditions of Carriage of Forwarders and Transport Companies or Insurance Conditions, etc.) shall apply to Customer’s relationship with Operator. Operator’s general terms and conditions may contain provisions relating to terms of payment, provisions on maturity, liability, cancellation, rebooking, repayment, and other booking and tariff conditions. You should carefully review all of Operator’s terms and conditions and, if necessary, contact Operator for clarification before Booking.
5.3 If the Portal is used to request a Booking, you authorize MOTOURISMO to act on your behalf to relay your booking request to the Operator including, if applicable, provide your payment details to the Operator. MOTOURISMO’s acceptance of a booking request is not a guarantee of price or availability.
5.4 The Booking will be made in Euros. Your bank or credit card provider may charge you a fee to exchange Euros for another currency, including Dollars. MOTOURISMO does not guarantee the accuracy of any prices displayed. If a currency converter is available on the Portal, the currency rates are based on various publicly available sources and should be used as guidelines only. MOTOURISMO does not warrant or guarantee the accuracy of any currency exchange rates and may not reflect the actual applicable exchange rate.
5.5 The acceptance of the offer by the Operator (i.e., a Booking) takes place separately by the respective Operator directly to the Customer. The Booking Confirmation contains all details of the Booking as well as the final price and is considered as a travel confirmation in the sense of Art. 250 § 6 EGBGB.
5.6 If the Booking Confirmation differs from the offer or the booking request in terms of pricing or other details, the Booking Confirmation will be deemed a new offer to conclude a booking contract for the services described. This offer will remain open for a period of ten (10) calendar days. Customer may accept this offer by any means that reasonably manifests his intent to accept the offer, including by making any payment towards the contract price. Please notify MOTOURISMO in the event that a Booking Confirmation differs from the booking request and MOTOURISMO will reasonably assist you in resolving any discrepancies.
5.7 Cancellation or change requests to a Booking are at the sole discretion of the Operator. Some reservations or Bookings may be non-refundable and not subject to cancellation.
5.8 MOTOURISMO's services are free of any direct charge to the Customer; however, you acknowledge that MOTOURISMO may receive compensation or service fees from an Operator. You are responsible for making arrangements for payment directly with the Operator.
5.9 The respective operator of a package tour has a customer payment protection insurance contract, issues a protection certificate to Customer and may only accept payments in accordance with § 651r-t BGB.
5.10 In accordance with § 651v para. 4 BGB, MOTOURISMO is deemed to be authorized by the Operator to accept notices of defects and other declarations by the traveler regarding the provision of travel services. MOTOURISMO must then immediately inform the Operator of such declarations by the traveler. In all other respects, MOTOURISMO's obligations towards the Customer shall end upon fulfilment of the Booking, i.e., upon conclusion of the contract between the Customer and the Operator for the desired service.
5.11 Apart from that, MOTOURISMO's obligations towards the customer end with the fulfillment of the agency contract, i.e. with the conclusion of the contract between the customer and the operator about the desired service, as far as MOTOURISMO is not the operator itself.
6. Information duties, Right of Withdrawal, and Liability
6.1 MOTOURISMO fulfils the information obligations according to § 651v of the German Civil Code (BGB) in connection with article 250 §§ 1 to 3 of the Introductory Act to the German Civil Code (EGBGB) when arranging package tours of Operators via the Portal. Thus, MOTOURISMO fulfils at the same time the obligations of the Operator, i.e., of the respective Offeror, from § 651d paragraph 1 sentence 1. The Operator is solely liable for the correctness of the information of the Offeror on the Portal.
6.2 For errors in Bookings, the liability regulation of § 651x BGB applies.
6.3 The information contained on the Portal may contain inaccuracies or errors, and MOTOURISMO makes no representations or warranties, express or implied, regarding the Portal or any services provided by an Operator including, to the extent applicable, the implied warranty of merchantability. Operators are independent entities and not agents, employees, or representatives of MOTOURISMO. Accordingly, MOTOURISMO is not liable for the acts, errors, omissions, representations, warranties, breaches, negligence, or tortious conduct of any Operator. In no event shall MOTOURISMO be liable for any direct, indirect, punitive, incidental, consequential or special damages arising out of, or in any way related to, use of the Portal, whether based on contract, tort, or statutory law, even if MOTOURISMO is advised of the possibility of such damages. If, notwithstanding such limitation, MOTOURISMO is found liable for any losses or damages arising out of a Customer’s use of the Portal, its liability shall be limited to the lesser amount of (a) the amount it received from an Operator in connection with the Booking; or (b) one hundred Euros (€100.00). Liability for damage arising directly or indirectly from the use of the www.motourismo.com website is excluded, unless the damage was caused intentionally or through gross negligence.
6.4 It is pointed out that according to §§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB there is no right of revocation for package travel contracts concluded by distance selling. Insofar as the respective operator otherwise has rights of revocation, the Operator shall provide the relevant information within the framework of the invitation to tender for his offer at MOTOURISMO.
7. Applicable law and place of jurisdiction
7.2 All Claims must be submitted for arbitration to the International Court of Arbitration, International Chamber of Commerce (“ICC”), in accordance with the rules of procedures promulgated by the ICC. The arbitration must take place in Hamburg, Germany before one arbitrator and the arbitration award will be final and binding on both parties. The arbitrators shall be empowered to award money damages and/or injunctive relief, but may not award consequential, incidental, exemplary, or punitive damages or order specific performance. The language of the arbitration shall be English. The parties hereby consent to the non-exclusive jurisdiction of the court of Japan and the state and federal courts of the United States solely for the enforcement of any arbitration award. Neither party may seek recourse to a court of law or other authorities to appeal for revision of the decision. Any and all proceedings to resolve Claims must be brought only on an individual basis and may not be brought as part of a class action, consolidated action, or a representative action.
These Terms and Conditions and MOTOURISMO’s Data Protection Declaration apply to the purchase of vouchers. In addition, the following conditions apply:
9.1 The MOTOURISMO voucher can be used in accordance with these conditions within the framework of bookings on the website www.motourismo.com. The voucher will be sent to you in the form of a card after receipt of payment by post or email. The voucher and voucher code are bound to the holder named on the voucher. Only the owner can redeem the voucher by naming the voucher code. The owner can transfer the voucher to a third party by informing MOTOURISMO of the new owner by name in writing or by email. MOTOURISMO will then reissue the voucher to the new named owner.
9.2 The voucher can be used for booking the offers of all organizers distributed via MOTOURISMO.com. The value of the voucher will be deducted from the invoice amount. MOTOURISMO takes over the payment of the invoice at the organizer for the booking of the voucher holder in the amount of the voucher value.
9.3 If the voucher value exceeds the invoice amount, any remaining credit remains and can be used by entering the voucher code again. MOTOURISMO will not make any refunds or cash payment of the (residual) value of the voucher unless otherwise required by law.
9.4 Vouchers must be redeemed at the latest by the end of the fifth year after the voucher code has been transmitted or such later date as may be required by law. After such date, the voucher will expire and have no further value.
9.5 You undertake to keep the voucher code secret and to communicate it only to the person to whom you wish to give the voucher. MOTOURISMO is not liable for any loss, theft, misuse or delay in transmission (e.g. due to technical difficulties) of the voucher code.
Platform of the EU Commission regarding online dispute resolution: http//ec.europa.eu/consumers/odr
1.2 Operators are all registered and non-registered users of the portal who offer services or goods to customers via the portal.
1.3 The provider of the website is named in the imprint, hereinafter referred to as "MOTOURISMO".
2.1 The registration of a operator with MOTOURISMO is free of charge. However, MOTOURISMO may refuse a registration without giving reasons. MOTOURISMO may also delete registrations that have already been made without stating reasons. Upon registration, a contract is concluded between MOTOURISMO and the operator for the use of the portal.
2.2 Registration as a operator is only permitted for natural and legal persons with unlimited legal capacity.
2.3 When registering, the operator is obliged to provide the following data (hereinafter: "user data"): User name, company name, business address, bank details, VAT ID, e-mail address, password. The provision of further data is voluntary.
2.4 Each operator undertakes to provide correct and complete information when registering. If the data on which the information is based changes later, the customer is obliged to correct the data immediately.
2.5 When registering, the operator chooses a user name and creates an individual password. Access to the password-protected areas of the portal is only possible with a chosen user name in conjunction with the chosen password. The operator undertakes to keep his password secret.
2.6 If the operator discovers any misuse of his user account by third parties, he is obliged to inform MOTOURISMO immediately. Motourismo will take appropriate measures as soon as possible from the time of notification and during normal business hours to prevent possible damage to the operator. In principle, the operator is liable for all actions undertaken under his user name. This only does not apply if the operator is demonstrably not responsible for the misuse of his username and password.
2.7 The operator can terminate his user account at any time. MOTOURISMO will then delete all data provided by the operator within one month, unless further storage is necessary for evidence purposes or for the fulfilment and settlement of an existing legal relationship.
3. Contract of use between Motourismo and the operator
3.1 MOTOURISMO makes the portal available to the operator for purposes of communication and the initiation of contractual relationships.
3.3 The contents posted by the operator are subject to the control of MOTOURISMO. Once the uploaded content has been released, operators are entitled to maintain their offers themselves. MOTOURISMO will provide technical or content support in individual cases, without there being any contractual obligation to do so.
3.4 MOTOURISMO has the right to relocate the portal to another Internet address without giving reasons or to discontinue the portal in whole or in part. Operators will be informed of this at least four weeks in advance. Claims against MOTOURISMO in connection with the closure or relocation of the portal are excluded.
3.5 There is no entitlement to a permanent trouble-free availability of the portal.
3.6 All content created by the operator is stored on servers on which limited storage capacities and retention times are available for the data. If a operator reaches the maximum storage capacity provided for in the individual agreement, MOTOURISMO will inform the operator by e-mail to the e-mail address specified by the operator that the maximum storage capacity has been reached and request that content be deleted. The storage of data is no longer possible after the maximum storage capacity has been exhausted.
3.7 If booking intermediaries fail due to MOTOURISMO not being informed in time by the operator about current availability and prices, the operator grants MOTOURISMO the right to charge half of the agreed commission.
4. Commission agreements
4.1 If a contract is concluded between Operator and Customer referred by MOTOURISMO, MOTOURISMO receives a commission from Operator for the mediation of the contract. The amount of the commission depends on the individual agreement concluded between MOTOURISMO and Operator.
4.2 In deviation from No. 4.1, alternative remuneration agreements may be concluded.
5.1 Operator has the possibility to receive binding bookings from customers through MOTOURISMO. If MOTOURISMO offers this option to Operator and Operator decides to use the booking process, the operator's offers on the MOTOURISMO website are bindingly bookable for users of the MOTOURISMO website and are integrated into the technical booking process on the MOTOURISMO website visibly for the customer through the "Book" function.
5.2 If a operator decides to use this booking process and notifies MOTOURISMO of this in writing, he authorizes MOTOURISMO to accept binding bookings of his offers by users of the website.
5.3 If a operator decides to use the booking process, he undertakes to actively participate in the MOTOURISMO booking process. This includes, but is not limited to, processing customer bookings via MOTOURISMO within two working days and confirming MOTOURISMO to the customer as well as to MOTOURISMO in parallel if available (see 5.4). If processing by the Supplier is not possible within two working days and the Supplier is also unable to notify MOTOURISMO of this delay, MOTOURISMO shall be entitled to cancel the booking free of charge on behalf of the Customer. MOTOURISMO undertakes to make arrangements with the customer, if possible, to extend the deadline for confirmation of the offerer, but will follow the customer's preference if necessary.
5.4 MOTOURISMO does not guarantee the complete and correct presentation of the operator's offers, especially with regard to availability and prices. MOTOURISMO will send the customer an automatic "MOTOURISMO Booking Confirmation" upon receipt of his booking and undertakes to immediately forward the customer's booking to the operator and to consult the operator of the booked service about the availability and prices of the booked service.
5.5 If a operator decides to use the booking process, he undertakes to inform MOTOURISMO of the availability of the booked service and its final price after receipt of a booking via MOTOURISMO. In the event that the booked service is available, this can take place in the form of a separate booking confirmation from the operator to the customer and simultaneously to MOTOURISMO. If the booked service is not available or is no longer available or only available at a higher price, the operator entitles the customer to withdraw from his booking free of charge.
5.6 If a operator decides to use the booking process, MOTOURISMO undertakes to accept information from the operator about changes to its offers at any time and, if possible, to update the website of MOTOURISMO accordingly without delay. This does not guarantee the complete and consistently correct presentation of the operator's offers, in particular with regard to availability and prices (see 5.4).
6. Premium package
6.1 The Operator has the option of booking a Premium Package for a monthly fee, which results from MOTOURISMO's current price list, and which offers the Operator advantages in terms of visibility vis-à-vis the User as well as the design of the offers. The booking of the Premium Package does not entitle the Operator to any particular type of presentation of the Operator or its offers or products.
6.2 The Premium Package can be terminated with three months' notice to the end of the month. The operator must send an e-mail to firstname.lastname@example.org for this purpose.
7. Publication of content by the operator
7.1 Within the scope of the storage capacity, the operator can add different contents to his user profile.
7.2 It is forbidden to post content on the portal that violates legal regulations, the rights of third parties or morality. In particular, it is not permitted to violate the intellectual property rights and property or personal rights of third parties, nor to post content that is subject to secrecy. In addition, it is forbidden to publish content that is likely to insult, harass, threaten, defame or in any other way diminish the dignity of third parties. It is also not permitted to post content that could interfere with or impair the functioning of software or hardware, telecommunications devices or the technical operation of the portal.
7.3 Should a user violate the provisions of Section 6.2, MOTOURISMO may remove such content within a reasonable period of time after notification and delete the operator's user account as well as all posted content with immediate effect.
7.4 If action is taken against a operator's offer under competition law, the operator shall be solely liable. If a claim is made against MOTOURISMO, the operator shall indemnify MOTOURISMO against all third-party claims, including the costs of reasonable legal defence.
8. Publication of contents of the operator by MOTOURISMO
8.1 By registering with MOTOURISMO, the operator authorizes MOTOURISMO to use the image and text material available on its website and other media (catalogues, etc.) for the presentation of the operator's offers on the platform motourismo.com and grants MOTOURISMO the necessary rights of use.
8.2 The operator declares that he is the owner of all copyrighted rights of use and ancillary copyrights as well as of all other rights required for the use of delivered content on MOTOURISMO. The partner will indemnify Motourismo from all claims of third parties against tripsntracks including necessary reasonable legal defense costs, if such are asserted. In this case MOTOURISMO will inform the supplier immediately.
8.3 The supplier will inform Motourismo immediately if, after delivery of content, there should be a change in the scope of the rights of use granted to MOTOURISMO by the supplier.
8.4 The operator shall inform MOTOURISMO in writing (by e-mail to email@example.com) of image and text material in which the operator does not have sufficient rights. Motourismo will then not use this image and text material.
9. Liability of Motourismo
9.1 Liability for damages arising directly or indirectly from the use of this website is excluded. MOTOURISMO is liable as an intermediary for such damages only to the extent that they were caused by intent or gross negligence. If Motourismo is in default of performance due to slight negligence, if the performance has become impossible or if MOTOURISMO violates a material contractual obligation, liability for material and financial damage resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfilment is essential for the proper execution of the contract, whose breach endangers the achievement of the purpose of the contract and on whose observance the customer may regularly rely.
9.2 This limitation of liability shall not apply in the event of injury to life, limb or health.
9.3 In the event of a loss of data, MOTOURISMO shall be liable in accordance with the above paragraphs and only if such loss of data could not have been avoided by the operator's own appropriate data backup measures. The extent of MOTOURISMO's liability is limited to the effort usually required to restore the data.
The operator indemnifies MOTOURISMO against all claims asserted by customers, other operators or other third parties against Motourismo due to infringement of their rights by content posted by the operator via the portal or due to the operator's other use of the portal. The user assumes the costs of the necessary legal defense of MOTOURISMO, in particular all court and attorney fees in the statutory amount. This does not apply if the operator is not responsible for the infringement. The operator is obliged to make available to MOTOURISMO immediately, truthfully and completely all information necessary for the examination of the claims and a defense in the event of a claim by third parties.
11. Place of jurisdiction and applicable law
Es gilt das Recht der Bundesrepublik Deutschland. Gegenüber Anbietern, die das Portal als Kaufleute nutzen, wird als ausschließlicher Gerichtsstand Hamburg vereinbart.