Terms and conditions
Travelsation UG (limited liability)
Terms of Service
§ 1 Scope of application
For the use of the platform of Travelsation UG (limited liability) (hereinafter referred to as "Provider" or "Travelsation") the following conditions apply
§ 2 Registration, Conclusion of Contract and Object of Contract
- The prerequisite for use is the online registration provided on the platform. With the activation of your account by the provider, the free contract of use is concluded (conclusion of contract).
- The subject of the contract is the free use of the functions of the platform as an online communication platform. For this purpose, an "account" is provided to you as a user, with which you can create entries and trips.
- There is no legal claim to activation or participation in the platform. The unrestricted house right of the operator applies.
- Your account may only be used by yourself. As the owner of the account, you are also responsible for protecting it from misuse. Your access data must therefore be protected against access by third parties. The use of trademarked words and internet addresses as user names is not permitted.
- The provider will make every effort to offer the service without interruption. Even with all due care, downtimes cannot be excluded in which the web servers cannot be accessed via the Internet due to technical or other problems that are beyond the provider's control (fault of third parties, force majeure, attacks against the infrastructure by hackers, etc.). The user acknowledges that a 100% availability of the website is technically not realizable.
- The provider reserves the right to change and expand the content and structure of the platform as well as the associated user interfaces if this does not or only insignificantly affect the fulfillment of the purpose of the contract concluded with the user. The provider will inform the user accordingly about the changes.
- The purpose of the platform is to provide a public platform for offering travel and finding fellow travelers.
- The platform acts only as an intermediary. There is no guarantee for the taking place and the legitimacy of the trips. All journeys are adjusted by users.
- JoinMyTrip events are exclusively for JoinMyTrip registered users, under some circumstances or for some events an auto user account can be created at the registration acceptance of the event. This is not warranted or implied and is at the discretion of JoinMyTrip.
- Once your Trip is submitted, you just need to add and verify your bank account to your profile. This will allow JoinMyTrip to transfer any payments by your TripMates directly to your bank account. As soon as your Bank account is added and verified, you will be able to have your Trip published and receive payments from your future TripMates. Please note that Trip Leaders are not allowed to receive money directly from TripMates by any other means (Paypal, IBAN Transfer, etc). Accepting any payments outside the JoinMyTrip platform will be considered a violation of our terms of service and invalidate any security and fraud protection offered by JoinMyTrip.
§ 3 Duties as platform user or TripLeader or TripMate
By using the platform you commit yourself:
1. To comply with local and international laws, rules, regulations and tax obligations in any case.
- You affirm that you are at least 18 years of age at the time of travel.
- Each TripMate and TripLeader must have travel insurance at the time of travel covering at least medical care, evacuation, and repatriation in the amount of 200,000 USD for all days of travel. It is strongly recommended that you take out additional insurance to cover cancellation, early departure, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience during the trip.
- Under no circumstances to consume, buy, sell or transport drugs
- No form of discrimination, racism or violence (incitement/representation) is 5. allowed on the platform before, on or during the trips.
- In our Community Standards we draw the line, when content facilitates, encourages or coordinates sexual encounters. JoinMyTrip is a global community and some audiences may be sensitive and it may impede the ability for people to connect with like-minded travellers and the broader community. We can remove content that is in violation of our Community Standards. If we do so, we will let you know and explain any options you have to request another review, unless you continue to violate these Terms.
- All dates, itineraries and prices of trips may change at any time. The TripLeader commits itself to provide all information to the best of its knowledge and belief. On the part of the TripMates there is no entitlement to the specified dates, itineraries and prices of a trip.
- It is the responsibility of each individual to inform himself/herself about applicable entry regulations and to possess and carry all necessary documents and valid identification for entry, transit and exit of all countries and regions visited.
2. By offering a trip as a TripLeader you agree to the following conditions:
- Extreme sports as part of the trip (including: free climbing, skydiving, climbing, mountaineering, bungee jumping, kite surfing, downhill mountain biking, (deep snow) skiing, parkour, slacklining, scuba diving, apnoea diving, ultra marathon, equestrian sports, wingsuit flying, mountaineering, motor sports, hang gliding, diving, cycling/mountain biking) may be advertised, provided that professional implementation is ensured in compliance with the applicable safety standards. Professional performance is deemed to exist if
- a company offering that sport is involved.
- private persons have the necessary training/license.
Travelsation appeals to the personal responsibility of each individual and assumes no liability in the event of problems arising. Furthermore, Travelsation reserves the right to remove risky trips in case of doubt.
- Each TripLeader agrees to be contacted by phone by Travelsation to check his suitability as a TripLeader. He/she agrees to answer truthfully at all times and to provide all necessary information.
- It is not allowed to offer trips to risk areas. The security advice of the German Foreign Office and current news are decisive - not your own assessment!
- Beyond the above-mentioned point, the risks of a trip are to be weighed up to the best of your knowledge and belief and in case of doubt, you should not start a trip.
- You are solely responsible for the content of the trips you post on the platform. The information contained in your post must correspond to the truth. This also includes the use of license-free images. If you use images for which a license is required but which you do not own, this is subject to your personal liability. In this case, the platform cannot be held liable for the use of such images. The information contained in your advert must be true.
- You are not to communicate false, misleading, malicious or fraudulent information to your TripMates.
- As soon as a commercial supplier provides accommodation as well as activities, they are considered a tour operator by definition. Travelsation therefore advises you to inform yourself about the tour operator’s liability insurance.
3. By participating in a trip as a TripMate you commit yourself that:
- only you and not the TripLeader are responsible for assessing your suitability to participate in the trip.
- you will not participate in trips if you have a physical, medical or mental disability or handicap, or if you are aware of other factors that may prevent or restrict you from participating in the trip.
- you will act reasonably and responsibly and take into account any advice and/or warnings regarding participation in the trip before booking. If you notice any increased risk or danger to body and soul during the trip, you will immediately terminate your participation in the trip and inform both the TripLeader and the other TripMates.
4. As a user you commit yourself not to publish any content that violates rules, common decency or otherwise violates the applicable law. You are especially prohibited to:
- publish insulting or untrue content;
- send spam to other users via the system;
- use legally protected content without authorization, in particular by copyright and trademark law;
- contact other TripLeaders and TripMates via the platform for any purpose other than for the communication concerning a trip.
- perform anti-competitive activities;
- publish press articles of third parties without the permission of the author;
- advertise without the express written permission of the provider. This also applies to so-called surreptitious advertising such as, in particular, the linking of the own homepage with or without text in the profile text or posted contents.
- As a user you commit yourself to check your trips and contributions before publishing whether they contain information you do not want to publish. Your contributions and topics can be registered in search engines and thus be accessible worldwide. A claim for deletion or correction of such search engine entries against the provider is excluded.
- As a user of this platform you accept and must comply with the JoinMyTrip Review Policy
6. Should third parties or other users assert claims against the provider due to possible violations of law which a) result from the content posted by you as a user and/or b) result from the use of the provider's services by you as a user, you as a user undertake to indemnify the provider from any claims, including claims for damages, and to reimburse the provider for the costs incurred by the provider due to the possible violation of law. In particular, the provider is released from the costs of the necessary legal defense. The provider is entitled to demand appropriate advance payment from you as the user. As a user, you are obliged to support the provider in good faith with information and documents in the legal defense against third parties. All further rights and claims for damages of the provider remain unaffected. If you as a user are not responsible for the possible infringement, the aforementioned obligations do not exist.
7. In the event of a violation, in particular against the aforementioned rules § 3 paragraph 1 and 2, the provider can also impose the following sanctions against the user, regardless of a termination:
- Deletion or modification of content that the user has posted,
- Saying a warning or
- Blocking access to the platform.
§ 4 Travelsation does not make any recommendations
We believe that TripMates and TripLeader will have a great time traveling together, and therefore we occasionally make listing recommendations. However, as a platform, we cannot guarantee the accuracy, completeness, quality, safety, suitability or usefulness of the trips. Furthermore, we do not control the behavior of TripLeaders and TripMates. The decision to participate in a trip is solely the responsibility of the individual. TripLeaders and TripMates acknowledge and understand that the trips you sign up for may be dangerous. The risks include, but are not limited to, the general risks of life: illness, personal injury, disability, permanent paralysis and death.
§ 5 Relationship between the parties
Anyone offering or participating in a trip agrees that the relationship with Travelsation is limited to the form of an independent third party and that you are not an employee, agent, or partner of Travelsation. In addition, by offering or participating in a tour, you accept that you are acting solely in your own name and for your own benefit and not on behalf of Travelsation. You agree that you are solely responsible for travel submitted or posted by you and for all offline activities associated with your travel.
When a TripMate makes a booking, TripMate and TripLeader enter into a contract directly with each other. Travelsation is not a party in the contract.
Between Travelsation and the TripMate there is only a fee-based contract for the use of the platform if a booking of a trip is made. For this booking, a platform fee will be charged to ensure the maintenance and further development of the platform. This contract also includes insurance coverage by Allianz Travel (Allianz Travel is a brand of AWP P&C S.A.) for users living in Germany and Austria. This is included, obligatory and free of charge for all TripLeaders and Tripmates living in Germany and Austria. For this reason, personal data necessary for the insurance coverage is transferred to Allianz Travel. For more info click here.
TripLeaders are solely responsible for the trips they offer. Travelsation only provides the services and is not itself an organizer of tours, activities or trips. Travelsation does not own, sell, resell, deliver, provide, manage and/or control any of the tours. The responsibilities of Travelsation are limited to providing the Services through its website and application.
Travelsation does not assume any liability for the execution of any travel. This applies in particular to the existence or occurrence of any of the following:
1. False information provided by the TripLeader in its advertisement or otherwise in relation to the trip and its terms and conditions;
2. Cancellation or modification of a trip by the TripLeader or a TripMate;
3. Failure by a TripMate to pay the contribution to costs in connection with a trip
4. The behavior of the TripLeaders and TripMates during, before or after the trip
§ 6 Transfer of rights of use
1. The copyright for your contents, as far as they are copyrightable, remains basically with you as the user. However, you grant the provider the right to keep your content permanently on his websites when you discontinue a trip or a contribution. Furthermore, the provider has the right to delete your content.
2. Furthermore, you grant Travelsation the right to advertise your content (e.g. for the purpose of TripMate discovery).
3. The aforementioned rights of use remain valid even in case of a termination of the platform account.
4. Furthermore, Travelsation reserves the right to monitor all communication on the platform for the purpose of quality control and user etiquette. The content will be kept strictly confidential and will only be used for these purposes.
§ 7 Limitation of liability
1. The provider of the forum assumes no responsibility for the content posted on the platform, in particular for its accuracy, completeness, and timeliness.
2. The provider is liable for intent and gross negligence as well as for breach of a material contractual obligation. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. The provider shall be liable, limited to compensation for the typical contractual damage foreseeable at the time of conclusion of the contract, for such damage that is based on a slightly negligent breach of essential contractual obligations by him or one of his legal representatives or vicarious agents. The provider shall not be liable for slightly negligent breach of secondary obligations that are not essential contractual obligations. The liability for damages which fall within the scope of protection of a guarantee or assurance given by the provider, as well as the liability for claims based on the Product Liability Act and damages resulting from injury to life, body or health, shall remain unaffected.
§ 8 Term / Termination of the Agreement
1. This agreement is concluded for an indefinite period.
2. Either party may terminate this agreement without notice.
3. After termination of this platform usage agreement, the provider is entitled to block the user's access. In the event of termination, the provider is entitled but not obligated to delete the content created by you as the user. Any claim by you as a user to the provision of the created content is excluded.
§ 10 Severability Clause
If any part of this indemnity is held invalid, you agree that the remaining provisions shall remain in full force and effect notwithstanding.
If you have any questions about these Terms, please contact us.