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Terms & Conditions for users
1. Scope and definitions
1.2 Customers may be registered and unregistered users of the Portal who do not use the Portal as a operator.
1.3 operators are third natural or legal persons who offer package tours or other services, products or goods via the Portal, for example tour operators, operators of driving safety training courses, cornering or inclined position training courses or enduro training courses, forwarding agents and transport companies, rental vehicle companies, hotel operators or insurance companies.
1.4 Operators of the portal are the natural or legal persons named in the imprint, hereinafter referred to as "MOTOURISMO".
2.1 MOTOURISMO registers customers free of charge, but may refuse registration without stating reasons. MOTOURISMO may also delete registrations that have already been made without stating any reason. Upon registration, a contract is concluded between MOTOURISMO and the customer regarding the use of the portal.
2.2 Registration as a customer is only permitted for natural persons and legal entities with unlimited legal capacity.
2.3 A registration is possible only after specification of user name, e-mail address and password. The provision of further data is voluntary. With regard to data protection concerns, reference is made to the data protection declaration.
2.4 The customer is responsible for the correctness and completeness of the data entered by him. If the data provided change later, the customer is obliged to correct the data immediately.
2.5 When registering, the customer chooses a user name and an individual password. Access to the password-protected areas of the portal is only possible with a chosen user name in conjunction with a chosen password. The customer undertakes to keep his password secret.
2.6 Should the customer discover 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 avert possible damage to the customer. In principle, customers are liable for all actions undertaken under their user name. This only does not apply if the customer is demonstrably not responsible for the misuse of his user name and password.
2.7 The customer may terminate his user account at any time. If a user account is not used for more than one year, Motourismo may delete the account. MOTOURISMO will then delete all data provided by the customer 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. Relationship between MOTOURISMO and the customer
3.1 MOTOURISMO makes the portal available to the customer for the purposes of communication and mediation of contractual relationships with operators, as a rule for the mediation of package travel contracts. If the customer concludes a contract with a operator on the basis of the brokerage of the portal, MOTOURISMO will not become a contractual partner of the customer in this respect. Unless expressly agreed otherwise, MOTOURISMO shall enter into a mediation contract between the customer and MOTOURISMO free of charge for the customer.
3.2 MOTOURISMO is under no circumstances an operator of package tours, individual travel services, trainings or other services published on the portal.
4. Booking / conclusion of contract / payment / insolvency protection
4.1 "Booking" shall mean the conclusion of a contract between the Customer and the operator through the intermediary of MOTOURISMO via the Portal.
MOTOURISMO is not a contractual partner in this contractual relationship, but is merely a contractual partner of the customer with regard to the independent free mediation contract (see Section 3).
4.2 The General Terms and Conditions of Business of the respective operator (including the Terms and Conditions of Carriage of Forwarders and Transport Companies or Insurance Conditions, etc.) shall apply additionally to the respective contractual relationship. The general terms and conditions of business of the operator may, in particular, contain provisions to this effect: Terms of payment, provisions on maturity, liability, cancellation, rebooking, repayment, etc. as well as other booking and tariff conditions. MOTOURISMO refers on the portal to the conditions provided by the operator. It is recommended to read these conditions carefully and, if necessary, to consult the operator in case of ambiguities, queries etc. before booking.
4.3 If the portal is then used to book the package tours, services and other products offered, the customer commissions MOTOURISMO to pass on the booking request in accordance with the tender selected by him in his name and his invoice to the respective operator for the purpose of carrying out the booking. This is the travel registration with the offer to conclude the contract with the operator and the offer to conclude the agency contract with MOTOURISMO.
4.4 MOTOURISMO's acceptance of the order and thus the conclusion of a brokerage contract shall be effected by email immediately after the booking has been made (booking order). However, the actual availability and the final price of the service requested by the operator have not yet been confirmed.
4.5 MOTOURISMO cannot guarantee availability and does not guarantee the correctness and up-to-dateness of the information provided by the operator, including the prices quoted.
4.6 The acceptance of the offer by the operator, i.e. the conclusion of the contract between customer and operator, 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.
4.7 If the booking confirmation deviates from the offer in the travel registration, the booking confirmation shall be deemed a new offer to conclude the corresponding contract for the services covered. The operator is bound to the new offer for 10 days. The contract is concluded on the basis of this new offer if the operator has pointed out the change with regard to the new offer and fulfilled his pre-contractual information duties and the customer declares acceptance to the operator within the binding period by express declaration or down payment.
4.8 Please inform MOTOURISMO immediately of any discrepancies in the confirmation documents that you receive from your operator following a booking, for example by telephone or e-mail. In this way, we want to ensure that we can help you as quickly as possible in your interests in cooperation with the respective operator.
4.9 With regard to a cancellation of the booking or a later change request or withdrawal from the travel contract, only the general terms and conditions of the operator apply.
4.10 MOTOURISMO does not accept payments from customers. The brokerage contract is free of charge for the customer. The customer pays the booked service with the operator exclusively to the operator at the conditions agreed with the operator.
4.11. Since MOTOURISMO excludes the acceptance of customer money, there is no obligation to protect against insolvency. The respective package tour operator in turn has a customer money protection contract, issues the customer with a protection certificate and may only accept payments in accordance with § 651r-t BGB (German Civil Code).
4.12. In accordance with § 651v para. 4 BGB, MOTOURISMO is deemed to be authorised by the tour operator to accept notices of defects and other declarations by the traveller regarding the provision of travel services.MOTOURISMO must then immediately inform the tour operator of such declarations by the traveller.4.13. In all other respects, MOTOURISMO's obligations towards the customer shall end upon fulfilment of the brokerage contract, i.e. upon conclusion of the contract between the customer and the operator for the desired service.
5. Information duties / right of withdrawal / liability
5.1 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 tour operator, i.e. of the respective offerer, from § 651d paragraph 1 sentence 1. The tour operator is liable for the correctness of the information of the offerer on the portal, which leads to the conclusion of a package tour contract.
5.2 For booking errors when booking a package tour through MOTOURISMO the liability regulation of § 651x BGB applies.
5.3 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.
5.4 If MOTOURISMO is in default of performance due to slight negligence, if performance has become impossible or if MOTOURISMO violates a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract.An essential contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, whose breach endangers the achievement of the purpose of the contract and on whose observance the customer may regularly rely.This limitation of liability does not apply in the event of injury to life, limb or health.
5.5 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.
6. Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply. Customers can only sue MOTOURISMO at its seat. Hamburg shall be the exclusive place of jurisdiction for customers who use the portal as merchants.This shall also apply if the customer does not have a general place of jurisdiction in Germany or another EU member state or if his place of residence or habitual abode is not known when legal action is filed.
8. Voucher conditions
The general terms and conditions and data protection regulations of MOTOURISMO apply to the purchase of vouchers. In addition, the following voucher conditions apply:
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 greeting card after receipt of payment by post or email.
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 pass on the voucher to third parties 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.
8.2 Redeeming the voucher
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.
8.3 Remaining credit
If the voucher value exceeds the invoice amount, any remaining credit remains and can be used by entering the voucher code again. A cash payment of the (residual) value of the voucher is excluded.
8.4 Period of validity
Vouchers must be redeemed at the latest by the end of the third year after the voucher code has been transmitted; thereafter they lose their validity.
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. A contractual relationship between the operator and the customer is exclusively established.
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
If a contract is concluded between the operator and a customer referred by MOTOURISMO, MOTOURISMO receives a commission from the operator for the mediation of the contract. The amount of the commission depends on the individual agreement concluded between MOTOURISMO and the Operator.
5.1 The operator has the possibility to receive binding bookings from customers through MOTOURISMO. If a 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. MOTOURISMO undertakes to immediately forward any bookings received to the operator. The form and technical method of forwarding shall be agreed separately between MOTOURISMO and the Operator (e.g. entry of bookings in a booking form on the Operator's website on behalf of the Operator and in the name and for the account of the Customer).
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.