- Festivalnfeast General Terms and Conditions (intermediary)
- General Terms and Conditions of local travel operators and other companies offering tourist services (referred as other companies)
Within the scope of an intermediary service, Festivalnfeast shall provide travel booking platform to its users and local travel operators or companies providing tourist services.
Furthermore, Festivalnfeast shall also offer this booking platform to certain co-operating partners (sub-agents / distribution partners) for booking travel services offered by local travel operators. The usage of this platform by sub-agents or distribution partners requires separate contractual agreement and is not permitted without the prior written authorization from Festivalnfeast.
Contracts for tourist services are to be concluded directly between the users of this booking Platform and local travel operators or companies providing tourist services. If users book services via a linked partner platform or if a sub-intermediary makes a booking on behalf of a user of a connected partner platform, a corresponding contract shall be concluded directly between this user and the Supplier. Festivalnfeast is not a contract party with regards to tourist services offered on this booking platform.
- Who operates this platform?
Please refer to the legal section.
Bookings through the platform are subject to general terms and conditions of festivalnfeast as well as general terms and conditions of local travel operators and other companies offering travel services.
- No offer
The information on this platform is for general informational purposes only. And information on this platform does not constitute an offer binding to us. Binding agreements with suppliers of activities available on the platform require a booking request through festivalnfeast platform and the supplier’s acceptance of the booking request according to the General Terms and Conditions of festivalnfeast.
- No warranty
While festivalnfeast tries to ensure that the information in or through the platform is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). Festivalnfeast may modify, add or remove information on the platform, its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. Festivalnfeast may also block Users from accessing the platform or parts of it, or requires certain conditions to be fulfilled for such access. Festivalnfeast does not provide any warranties, express or implied, in relation to the availability of the platform or its functions, that the platform is free from defects, or that the platform and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, festivalnfeast does not guarantee that information available on the platform has not been altered through technical defects or by unauthorized third parties.
- Limitation of liability
Festivalnfeast excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the platform, or to any errors or omissions, or the results obtained from the use, of the platform, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability regulation.
- Third party content, links to other websites
Festivalnfeast does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the platform, and for content linked to the platform or which are linked to from it or referred to. Festivalnfeast does not recommend or endorse such content, and will not have any liability relating to it. Where festivalnfeast links to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the platform, please contact us.
- Intellectual property rights
As between you and Festivalnfeast, the platform is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the platform, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the platform. You may access and view the platform, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.
- Applicable law and jurisdiction
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is Munich, provided the user is a tradesperson as per the German Commercial Code or does not have a permanent place of residence in Germany when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.
- Festivalnfeast – User Terms and Conditions for online offer on the platform
1.1 Festivalnfeast runs a booking platform for travel packages in the form of an online offer via the internet (hereinafter jointly referred to as the “Festivalnfeast Platform”). On Festivalnfeast Platform, users have the chance to find and book travel packages and experiences from around the world. The online offer comprises of guided tours, cooking courses, sightseeing tours by bus, river trips, tickets for entry to sightseeing locations and other services. The offers are placed online by a range of local travel operators from around the world (hereinafter referred to as “Suppliers”) with whom the respective contract for tourist services is concluded (“service agreement”). The Suppliers’ services can be accessed and bookings can be made via festivalnfeast platform.
1.2 Festivalnfeast approaches both, consumers and companies. For the purposes of these General Terms and Conditions, the following applies:
- A “consumer” is any individual person who has concluded a contract for purposes which cannot be predominantly assigned to commercial or independent work activities (Section 13 German Civil Code – “BGB”).
- A “company” is a natural person or legal entity, or a partnership, which is performing its commercial or independent activities by concluding this contract (Section 14, paragraph 1, BGB).
- The “user” denotes a natural person, unless this person has been explicitly registered with Festivalnfeast as a legal entity. The actions and omissions that take place during the registration of a legal entity are allocated to a natural individual, unless they are carried out within the framework of their power of attorney for the legal entity. The “user” subsequently also includes users referred by sub-agent or distribution partners.
- Subject matter of part II of these General Terms and Conditions
These General Terms and Conditions apply to any use of FestivalnFeast platform, such as via the internet. The contractual relationship between the user and FestivalnFeast generally only comprises the proper referral of users to the respective Supplier, or the transfer of data via users who are provided by a sub-agent. Festivalnfeast does not appear itself as the organizer, lessor, seller or other contract partner with regards to the tourist service agreement with the user. Consequently, part B of the General Terms and Conditions of Celex UG shall apply to offers on FestivalnFeast platform and the provision of users to the Supplier. Part II of the General Terms and Conditions applies to the use of festivalnfeast Platform by co-operating partners (sub-agents or distribution partners), subject to special contractual agreements concluded with the respective co-operating partner. The contractual conditions of the Supplier, as per part C of these General Terms and Conditions, apply to the respective tourist service agreement between the user and the Supplier.
3.1 The use of FestivalnFeast Platform can generally be done anonymously.
3.2 Certain types of use of FestivalnFeast Platform, such as the bookings, may require registration. During registration, the user fills out an electronic registration form and consents to the General Terms and Conditions. The registration with FestivalnFeast is only concluded once a confirmation is sent to the e-mail address specified by the user. Natural individuals must be over the age of 18 in order to register. The user has to keep the password he/she sets as confidential and takes necessary precautions to prevent third parties becoming aware of it.
3.3 The creation of more than one user account for the same natural individual or legal entity is not permitted and the user account is not transferable.
- Services/Conclusion of contract
4.1 Once the user entered his/her desired service on the FestivalnFeast Platform (e.g. travel destination, type of tour, start time, number of participants & price options), festivalnfeast shall provide suppliers’ service information. Based on this information, the user can, where applicable after checking availability, make a contractual offer, by placing an offer, to be sent to the respective Supplier, whereby the sub-intermediates act on behalf of the referred user. This happens, after the selection and transfer to the shopping basket, by clicking on the button “confirm and book”.
4.2 The user is bound to his/her binding offer for five working days. For more information see Section 5 of the General Terms and Conditions of the Supplier of tours and other tourist services in Part C.
4.3 Festivalnfeast shall notify the user of the conditions of transport and business of the Supplier for their contractual relationship with the user and for their services. They can be found in the respective tenders. The user is responsible for meeting and complying with these conditions. The Supplier reserves the right to not allow the user to undertake an action, or to exclude it, if they do not meet necessary conditions. In this case, the paid price shall not be refunded.
4.4 Festivalnfeast shall provide the user with a booking confirmation issued in the name of, and on behalf of, the Supplier, as well as a payment confirmation. The use of FestivalnFeast Platform itself is essentially free of charge for the user. The costs for technical access to FestivalnFeast Platform (e.g. internet access) are to be borne by the user. Festivalnfeast is permitted to collect the invoiced amounts in the name of, and on behalf of the Supplier, where applicable.
4.5 Festivalnfeast shall forward the user any data for the use of a Supplier’s service according to the applicable conditions, once they have been received by the Supplier.
4.6 Festivalnfeast assumes no guarantee for the accuracy of forwarded data, or for the performance of services by the Supplier, as all the information indicated and forwarded is based on data from Suppliers or third parties, which FestivalnFeast cannot check in detail.
5.1 The service agreement concluded with the Supplier shall apply to the fees to be paid by the user for the services of the Supplier.
5.2 Festivalnfeast is permitted to collect the invoiced amounts in the name of and on behalf of the Supplier, provided nothing else has been explicitly stated in the Supplier’s invoice. If claims have to be paid by the user in a different currency than its national currency (claims for payment in foreign currencies), Festivalnfeast can demand payment in the national currency of the user and the foreign currency claim can be converted based on the current exchange rate at the time the contract is concluded. Festivalnfeast can charge the user an applicable conversion fee for the currency exchange.
5.3 The contact partner, and contract partner, of the user in connection with the service agreement and its payment, is the respective Supplier. The user can only assert the repayment of a payment to the respective Supplier. A refund granted by the Supplier can also be processed by the Supplier via FestivalnFeast. To simplify the process for the user, communication via FestivalnFeast Platform is highly recommended.
5.4 To use the payment functions of festivalnfeast, the user may need to be registered. The user has to enter correct payment information and update the details immediately in the event of changes. Festivalnfeast can reject the payment method specified by the user. The user will be notified of the payment methods permitted for the respective service during the order process.
5.5 Upon payment authorization, the user consents to his/her payment information to be used for payment collection by the creditor. Festivalnfeast reserves the right to make use of its payment function by checking user’s credit rating.
6.1 All prices on FestivalnFeast are quoted per person (unless otherwise explicitly mentioned) and include VAT and all other taxes. Local taxes may be charged on site.
6.2 These prices specified by the Suppliers may be subjected to special conditions, for example with regards to cancellation and refund of payments made. Before making the booking, please check precisely whether the respective service agreement is subject to separate conditions.
- Best price guarantee of Festivalnfeast
7.1 Festivalnfeast would like users to pay lowest possible price for respective services offered. If users find their offer booked via festivalnfeast with same conditions (town/city, number of people, availability) and at a lower price elsewhere online, Festivalnfeast shall pay the user, on a voluntary basis, the difference between the price paid and the lower price found on the internet.
- Duties and obligations of the user
8.1 The user shall keep the registration data (user login and password) confidential and not allow third parties access Festivalnfeast platform using his/her registration data. The user shall be accountable for all use of his/her user account on FestivalnFeast platform.
8.2 After receiving the service information, user can send any order requests to FestivalnFeast to forward to the Supplier.
8.3 The user shall exempt FestivalnFeast from third-party claims based on his/her use of the FestivalnFeast Platform, unless FestivalnFeast is at fault.
- Availability and warranty
9.1 There is no claim for availability, quality or service features, or technical support for festivalnfeast Platform. Festivalnfeast can redesign, reduce or suspend their online platform at any time, at its discretion. Existing agreements of the user with a Supplier, as well as the execution of these agreements, remain unaffected by these changes.
9.2 Festivalnfeast makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Suppliers).
9.3 Festivalnfeast makes no guarantee or warranty for the services provided by the Suppliers. The users contact partner in the event of questions, claims in connection with a service agreement and its execution is the respective Supplier.
9.4 Provided Festivalnfeast does not have any obligation to the user, Festivalnfeast also provides no guarantee.
10.1 If Festivalnfeast has not assumed a corresponding contractual obligation by means of an explicit agreement with the user, it is not liable for the realization of corresponding agreements with Suppliers in line with the booking request of the user.
10.2 Without explicit agreement or an assurance of this kind, Festivalnfeast is not liable for defects in the performance of the service and personal or material damage incurred by the user in connection with the travel service provided, concerning the services provided. If several tourist services are provided (in accordance with the legal term “package holidays”) this does not apply, unless Festivalnfeast gives the impression, as per Section 651a, paragraph 2, BGB that it performs the intended travel services under its own responsibility.
10.3 Any liability of Festivalnfeast due to the culpable violation of obligations in the brokering of contracts remains unaffected by the aforementioned conditions.
10.4 For ordinary negligence, FestivalnFeast is only liable for the violation of a key contractual obligation and only for foreseeable and typical damage. Key contractual obligations are those required for the execution of the contract and whereby the user can regularly rely on them being met.
10.5 Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on the product liability law.
Users can cancel their registration on FestivalnFeast platform at any time by blocking/deleting their user account. FestivalnFeast can cancel a registration unilaterally with one week’s notice. Claims which have arisen before this is done, remain unaffected. The right to extraordinary cancellation remains unaffected.
12.1 Users have the opportunity to have personal influence on the content of FestivalnFeast Platform by writing travel reports in the form of evaluations, or uploading pictures (“user content”). Users are fully responsible for the user content they provide. They ensure that the content is correct and guarantee that the content does not contain any misleading or illegal statements or details. Furthermore, the users guarantee that the content does not violate third-party rights. Under no circumstance and in no way does FestivalnFeast make user content its own, it merely provides a Platform.
12.2 FestivalnFeast can use the user content in various ways. This includes displaying it on the platform, reformatting, editing for simplicity, clarity or better grammar, incorporation into ads or other work.
12.3 FestivalnFeast can remove or report user content where necessary and at its own discretion. For example, FestivalnFeast can remove user content if it violates the principles of FestivalnFeast as per its opinion. FestivalnFeast is not obliged to store copies of user content or provide copies thereof nor guarantee the confidentiality of user content.
12.4 FestivalnFeast and its distribution partners or sub-agents can display ads and other information together or next to the user content on the website and other media. Users have no claim to remuneration for these ads. Subject to changes regarding the type and scope of these advertising measures, the user does not need to be especially notified.
12.5 The users shall fully indemnify FestivalnFeast and its distribution partner or sub-agents from all third-party claims (including suitable costs for legal prosecution and defense) at first request, which these third parties assert against FestivalnFeast concerning the user content provided by the user. This also applies if the contested content can no longer be accessed on FestivalnFeast Platform. This does not apply if FestivalnFeast is responsible for the legal violation. In the event of recourse by third parties, users should immediately and truthfully provide FestivalnFeast the complete information necessary to verify and defend the claims.
- Data protection
13.1 FestivalnFeast collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for FestivalnFeast between the user and FestivalnFeast.
13.2 If FestivalnFeast is involved in the communication of a service agreement between the user and respective Supplier, it shall transfer the data required for this agreement to the respective Supplier. The Supplier processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective Supplier can be taken from the booking dialogue.
- Changes to these General Terms and Conditions
14.1 FestivalnFeast reserves the right to change these General Terms and Conditions at any time and without stating the reasons. FestivalnFeast will only make changes affecting the user, which the user must agree to in consideration of mutual interests. This concerns, for example, cases where the equivalence principle has been disturbed, as well as loopholes and changes in legislation. The amended conditions will be sent to the users by e-mail at the latest two weeks before they come into effect. If a user does not reject the validity of the new General Terms and Conditions within two weeks of the receipt of the e-mail, the amended General Terms and Conditions are deemed to have been accepted. FestivalnFeast will notify the user, in the e-mail containing the amended conditions, of the importance of this two-week deadline.
14.2 These Terms and Conditions can be amended at any time and without notice for future intermediation of contracts with Supplier. The respective conditions valid for each individual contract conclusion shall apply.
- Other provisions
15.1 These General Terms and Conditions represent the whole agreement between Festivalnfeast and the user. No additional agreements exist.
15.2 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is Munich, provided the user is a tradesperson as per the German Commercial Code or does not have a permanent place of residence in Germany when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.
15.3 If provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the rest of the provisions.
- General Terms and Conditions of the Supplier of tours and other tourist services
Part C of these General Terms and Conditions applies to all contracts concluded between the Suppliers and the users via FestivalnFeast Platform. This also applies, if access to FestivalnFeast Platform is provided via a co-operating partner (sub-agent or distribution partner).
- Truthful details
The details transferred via FestivalnFeast Platform must be truthful. If incorrect details are provided by the user, the Supplier reserves the right to withdraw from the contract or exclude users from participating in the service and demand compensation amounting to the cancellation costs as per Section 11 of part C of General Terms and Conditions of local tour operators and other companies offering tourist services.
- Arrival at meeting point and compliance with conditions
You are responsible for arriving on time at the notified meeting point. If you are travelling to an activity from abroad, you are responsible for having necessary travel documents (passport, visa etc.), and for observing health regulations etc.
- Additional terms and conditions
In addition to General Terms and Conditions in Part III of local tour operators and other companies offering tourist services, if the Supplier includes further participation or transport or other terms in a contract with you, you are responsible for observing these additional terms. The Supplier reserves the right to exclude participants from the activity if they do not meet these conditions.
- Binding nature of the request
The contract between you or the user you have referred, and the Supplier comes into effect upon the acceptance of your binding request by the Supplier. When you book a tour or another activity, you make the Supplier a binding offer which you, or the user you have referred, are bound for five working days. If the Supplier accepts your offer within this period of time, the contract comes into binding effect. You, or the user referred by you, shall receive a confirmation notification by e-mail.
The agreed total price for the service we have provided is due upon conclusion of the contract.
- Notes on the right of revocation
The Supplier points out that according to legal provisions (section 312, paragraph (2), no. 4, 312g, paragraph 2, clause 1, no. 9, BGB), contracts for tourism services which are concluded as remote selling (i.e. via FestivalnFeast Platform) do not have a right of revocation, but merely the legal rights to withdraw and cancel the contract.
- Self-responsibility for insurance
The price of the services does not include insurance. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on the activity/tour booked.
- Unpaid services
If you or the user you have referred do not pay for the booked service according to the agreed due date of payment, although the Supplier is prepared, and able, to perform the contractual service and there is no legal or contractual right of retention for you or the user you have provided, the Supplier is permitted to withdraw from the contract and charge you, or the user you have referred, for the withdrawal costs as per point 11.
- Exchange of messages
All messages between you, or the user you have referred and the Supplier shall be done via FestivalnFeast Platform. In the interest of quick processing, it is recommended to exclusively use the forms provided by FestivalnFeast.
- Cancellation guidelines
11.1 If you reject (cancel) the activity, the cancellation conditions stated on your voucher (as provided by the supplier) shall apply. Festivalnfeast advises the user to carefully read the information in the voucher description.
11.2 Cancellation fees will be charged as per the terms and conditions of the Supplier of the tourist services.
11.3 You, or the user you have referred, are free to prove to the Supplier that they have not incurred any damage, or substantially less damage than the fee charged by the Supplier.
11.4 The Supplier reserves the right to request higher, specific compensation instead of the aforementioned flat-rate fees, if the Supplier can prove that it has incurred much higher expenses than the respectively applicable flat-rate fee. In this case the Supplier is obliged to provide specific figures and evidence of the compensation requested, taking into account the saved expenses and any other use of the services.
11.5 The refund is done using the same payment method. In the event of credit cards which are charged monthly, the amount shall be credited at the end of the current invoicing period. The exact time of the refund depends on the user’s credit card agreement. The refund by bank transfer shall be done within seven bank working days.
- Extraordinary cancellation
The Supplier can cancel the activity on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or unavoidable external conditions (in particular force majeure) hinder the execution of the activity, make it considerably more difficult or endanger it. In this case, the paid price is refunded.
- Exclusion of participation
The Supplier is permitted to forbid/exclude you from an activity, if you do not meet the personal participation requirements, your participation would endanger you or someone else or in any other way make the activity impossible in the long-term. This applies accordingly to a user you have referred. In these cases, the paid price cannot be refunded.
- Changes to the program
Furthermore, the Supplier reserves the right to make non-essential changes to the program, if this is necessary due to unforeseeable or unavoidable conditions.
- Further conditions
Further conditions or deviating conditions can be found in the respective tenders.
- Time zone
For calculations of the time and deadlines, the time zone of the Supplier is authoritative.
- Liability of the Supplier of the tour or the tourism service
The Supplier is liable in accordance with the applicable law for its services, whereby the liability, if permitted according to the applicable law, is excluded.
- Change to these General Terms and Conditions
These Terms and Conditions of the Supplier of local tour operators and other companies offering tourist services in Part C can be amended at any time and without notice for future bookings. The respective conditions valid for each individual booking shall apply. The user has no claim for future bookings based on existing conditions.