Travelove Terms of Use

Last updated: May 17th, 2016

 

1. Who operates this website?

This website (including sub-sites and including text, images, videos, software, products, services and other information contained in or presented on the website; all together the "Website") is provided by Travelove s.r.o., ID: 03296814, registered office Křižíkova 237/36a, Karlín, 186 00 Praha 8, led by Municipal Court in Prague under file. Ref. 230021 C (hereinafter “weor “Travelove”). You can contact us by live support directly on our web site http://www.mytravelove.com or by email info@mytravelove.com or by phone + 420 775 012 840.

Bookings through the platform are subject to our General Terms & Conditions.

 

2. Application of these Terms of Use

These terms of use (the "Terms of Use"), together with our privacy policy (the "Privacy Policy"), apply to any use of the Website. Visitors of the Website ("User" or "you") may use the Website only on condition that they accept the Terms of Use and read and understand the Privacy Policy. Any further use of the Website or any part of it means you have read and you understand the Terms of the Use and the Privacy Policy, and agree to be bound by all parts of the Terms of Use.

 

3. No offer

The information on this Website is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with suppliers of activities available on the Website require a booking request through the platform and the supplier's acceptance of the booking request according to the General Terms & Conditions.

 

4. No warranty

While we try to ensure that the information in or through the Website is accurate, we do not provide any warranties, express or implied, in relation to its correctness, completeness, currentness, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). We may change, add or remove information on the Website and its structure and functions at any time at our sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such.

We may also block Users from accessing the Website or parts of it, or require certain conditions to be fulfilled for such access. We do not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, we do not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.

 

5. Limitation of liability

We exclude our liability, and that of our agents and independent contractors, and our and their employees and officers, for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, 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.

 

6. Third party content, links to other websites

We do 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 Website, and for content linked to the Website or which are linked to from it or referred to. We do not recommend or endorse such content, and will not have any liability relating to it. Where we link 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 Website, please send an email to info@mytravelove.com.

 

7. Intellectual property rights

As between you and us, the Website 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 Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, 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.

 

8. Amendments to the Terms of Use

We may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. We expect you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.

 

9. Applicable law and jurisdiction

These Terms of Use and any disputes arising out of or in connection with it are subject to the substantive laws of the Czech republic, and will be subject to the exclusive jurisdiction of the courts at our seat, provided that we may bring actions against users for infringement of intellectual property rights before any competent court, and subject to mandatory law.

 

Travelove General Terms & Conditions

Last updated: May 17th, 2016

 

Travelove provides visitors and suppliers of travel services with this platform. Users can choose from a variety of experiences provided by suppliers and add Travelove Kit to their order. The contracts are concluded directly between users and suppliers of Travelove services. Travelove is not a contracting party for booked tours and other touristic services unless it acts as supplier of the specific travel service.

Travelove s.r.o., ID: 03296814, registered office Křižíkova 237/36a, Karlín, 186 00 Praha 8, led by Municipal Court in Prague under file. Ref. 230021 C (hereinafter “Travelove”) operates a brokerage-platform providing offers in the travel sector as online-offers via the internet. On the platform, users have the opportunity to find and book tourist experiences conceived either as self-activities or activities with locals. The online offers include, for example, guided tours, cooking lessons, sightseeing tours by bus or canal boat, attraction tickets, and other services. Offers are uploaded by local providers from around the world ("providers"), with whom the respective contracts for the services are concluded ("service contracts"). Users can call up information regarding providers’ services and initiate orders on www.mytravelove.com.

For the purposes of these Terms & Conditions, the following shall apply:

(a) A "user" is any natural person concluding the contract for purposes that cannot be primarily attributed to any commercial or independent professional activity.

(b) A "business" is a natural or legal entity or a legal partnership, which, in concluding the contract acts in its commercial or independent professional capacity.

(c) An "experience" is defined as an activity that enables a Client to experience cultural, artistic, culinary, sports, nature-related, social or other conditions of a visited country. An experience can either be a self-activity or an activity with a local. Every experience is delivered to the user after the purchase in a pdf booklet form. The pdf booklet includes all detailed info about every experience. Adults receive a different set of information in their pdf booklet than children do.

(d) A "Travelove Kit" is an add-on users can purchase on top of the experiences. Travelove Kit includes personalized paper guidebooks with detailed information about all selected experiences for the user and her/his children in the amount they request and accessories for children necessary to complete the experiences. The Travelove Kit includes the delivery to the home address or accommodation at the destination.

 

1. Object

These Terms of Business shall apply for the use of Travelove, for instance via the internet. The contractual relationship between the user and Travelove encompasses only the proper referral of the user to the provider.

Travelove does not act as an organizer, lessor, seller, or other contracting partner in relation to the service contract with the user and is not a contractual party to the contracts that are concluded exclusively between users and providers unless Travelove is the provider of the given experience. These Travelove General Terms & Conditions, therefore, shall apply only for the referral of users to providers.

Travelove acts as the producer of Travelove Kits and is fully responsible for their production, completeness and prompt delivery to the user.

 

2. Travelove Services/Conclusion of Contract

2. 1. After the user has expressed a service request (e.g. destination, type and number of participants, or start time options) on the Travelove website, Travelove will show the user information on the experiences. Based on this information the user can place a non-binding inquiry by ordering her/his shopping basket. The shopping basket can include one or more experiences in one destination and any amount of Travelove Kits. Based on this Travelove proceeds with an availability check by the selected service provider or providers and a binding offer is sent to the user via e-mail. The user can confirm his order via e-mail to info@mytravelove.com. The pdf booklets with ordered experiences are sent to the user to his e-mail address after the payment is completed.

2. 2. Travelove shall provide booking confirmation and a payment confirmation to the user. The use of Travelove itself is, in principle, free of charge to the user. The user shall be responsible for bearing the costs for technical access to Travelove (e.g. internet access). Travelove can forward the provider’s invoice to the user.

2. 3. Travelove shall forward any data for the use of providers’ services in accordance with the currently valid conditions (such as ticket details) after these have been received from the provider.

2. 4. Travelove does not provide any guarantee for the accuracy of data forwarded or guarantee the performance of services by the provider, because all information displayed and forwarded is based on data provided by third parties or providers.

 

3. Payments to Travelove

3. 1. The service contract concluded with the provider shall regulate the compensation the user must pay for the provider’s services. The Travelove Kit price list is regulated directly by Travelove. Travelove shall be entitled to prepare invoices for compensation on the provider’s behalf and to forward these to the user.

3. 2. The service contract concluded with the provider shall regulate the compensation the user must pay for the provider’s services. Travelove shall be entitled to prepare invoices for compensation on the provider’s behalf and to forward these to the user.

3. 3. Providers may transfer compensation entitlements to Travelove, which shall then be payable to Travelove.

3. 4. If the user is required to pay in a currency different from his country’s currency, (foreign currency requirement), Travelove may request payment in the user’s local currency and convert the foreign currency requirement at the currently valid exchange rate. Travelove may charge the user an appropriate conversion fee for this service.

3. 5. The user’s contact partner for a service contract and corresponding compensation shall be the respective provider and contractual partner. The user may only request reimbursement for compensation from the appropriate contact partner. The contact partner may also process reimbursement through Travelove.

3. 6. The user must complete his order in order to use the Travelove payment function. The user must provide truthful billing information and update this information promptly in case of changes. Travelove may reject the payment method provided by the user. Approved payment method is Paypal money request.

 

4. Travelove Pricing

4. 1. All prices on www.mytravelove.com are displayed per person or per experience and include VAT and all other taxes.

4. 2. These prices are established by providers and may be subject to specific conditions.

4. 3. All special offers and promotions are identified as such.

 

5. Duties and Obligations of the User

5. 1. Upon receipt of service information, the user may send any orders to Travelove for forwarding to the provider.

5. 2. The user shall indemnify Travelove from claims by third parties resulting from his use of Travelove, except insofar as Travelove is at fault for said claims.

 

6. Availability and Warranty

6. 1. There shall be no entitlement to the availability, quality, service characteristics, or technical support for Travelove. Travelove can alter, restrict, or discontinue its online portal at any time and at its own discretion. Existing agreements between a user and a provider, as well as their processing, shall not be affected by such changes.

6. 2. Travelove shall assume no warranty for the accuracy or completeness of the data provided by third parties (such as other providers).

6. 3. Travelove shall assume no liability for the services offered by providers, unless it is itself the provider of the respective service. The user's contact person for questions and claims in connection with a service contract and its implementation shall be the respective provider.

6. 4. Insofar as Travelove bears no obligation toward the user, Travelove also offers no guarantee.

 

7. Withdrawal and Cancellation Policy

7. 1. The user may withdraw from the contract without the need for justification by sending an e-mail to info@mytravelove.com with all necessary information (name, ordered experiences, date) within 14 days from the booking date as long as following conditions are not valid:

  • The Activity has been completely executed within 14 calendar days from the booking date.
  • The Activity consists in leisure and/or entertainment services (shows, restaurants, concerts, among others), accommodation services other than for residential purposes and car rental services if the contract provides for a specific date or period of performance.
  • The user didn’t order Travelove Kit.

Travelove shall return the price paid by the user without any undue delay and, in any case, within 14 calendar days after the date on which the user withdrew from the contract.

7. 2. If the experience depends on certain weather conditions being met, and these are not met on the day initially planned, the provider must provide an alternative date for the experience to be held. If it is not possible to set an alternative date or the alternative date is not acceptable for the user, the user shall be entitled to the refunding of the total amount paid for the experience.

7. 3. At any time, the user is entitled to cancel the experiences which is an activity with a local booked in accordance with the following:

  • 7 calendar days to the performance of the experience the refund is 100 %.
  • 4 calender days to the performance of the experience the refund is 80 %.
  • From 0 to 4 days to the performance of the experience the refund is 0 %.

For these purposes, the user must send an e-mail to info@mytravelove.com within the terms foreseen above. The user shall receive confirmation from Travelove communicating that the cancellation has been attended. The reimbursement of the price to the user shall be made between 24 and 48 hours after cancellation of the experience.

At any time, the user is entitled to cancel:

  • The experience which is a self-activity and the pdf booklet has already been sent to the user’s e-mail addresses
  • The Travelove Kit and the Kit has already been sent to production

In such cases the refund is 0 %. In all other cases the refund is 100 %. For these purposes, the user must send an e-mail to info@mytravelove.com within the terms foreseen above. The user shall receive confirmation from Travelove communicating that the cancellation has been attended. The reimbursement of the price to the user shall be made between 24 and 48 hours after cancellation of the experience. If the pdf booklet has not been sent.

7. 4. Any provider is authorized to cancel a confirmed experience if causes of force-majeure arise. In such cases, Travelove shall reimburse to the user the full price paid by the user.

 

8. Limitation of Liability

8. 1. Travelove shall be liable for damages caused by Travelove or its vicarious agents by intent or gross negligence.

8. 2. In the case of simple negligence, Travelove shall be liable only for breach of an essential contractual obligation and only for foreseeable and typical damages. Essential contractual obligations shall be those whose fulfillment makes the proper execution of the contract possible and on whose fulfillment the user may generally rely.

8. 3. Liability limitations shall not apply within the framework of guarantees given, in case of injuries to life, limb, and health, or for claims resulting from the Product Liability Act.

 

9. Data Protection

9. 1. Travelove shall collect and use users' personal information to the extent necessary for establishing, arranging, or changing the status of the contractual agreement for Travelove between the user and Travelove.

9. 2. Insofar as Travelove becomes included in the communication regarding a service contract between the user and the respective provider, it submits the required data necessary for the conclusion of said contract to the provider. The provider then processes and uses the data for the purposes of contract initiation, conclusion of the contract, and execution of the contract on its own responsibility.

 

10. Amendments to these Terms of Business

Travelove reserves the right to modify these General Terms & Conditions at any time without notice and without stating reasons for doing so. Travelove shall only make such changes with regards to consumers as users would be reasonably expected to admit in consideration of the mutual interests of the parties. This includes, for example, a lack of equivalence between services and considerations, but also includes regulatory gaps and legislative change. The amended General Terms & Conditions shall be sent to users via e-mail at least two weeks before they take effect. If a user does not object to the validity of the new Terms of Business within two weeks after receipt of the e-mail, the amended Terms shall be deemed accepted. Travelove shall specifically inform the user of the meaning of this two-week deadline in the e-mail containing the amended General Terms & Conditions.

 

11. Other Provisions

11. 1. These General Terms & Conditions represent the entire agreement between Travelove and the user. Other supplementary agreements shall not exist. Changes and additions to this agreement shall be required in written form in order to be valid; text form (e.g. email) shall not suffice.

11. 2. The law of the Czech republic shall apply. If you have submitted the order as a consumer, and at the time of your order your habitual residence is in another country, the application of mandatory laws of that country shall not be affected by the applicable jurisdiction in sentence 1. The exclusive place of jurisdiction shall be Prague, insofar as the user is a merchant within the meaning of the Czech Commercial Code or does not have a permanent residence in the Czech republic at the time an action is brought. Legally binding jurisdictions shall remain unaffected.

11. 3. If provisions of these Terms of Business shall be or become invalid, this shall not affect the validity of the remaining provisions.

Travelove s.r.o.

Křižíkova 237/36a

186 00 Praha 8

 

Travelove Privacy Policy

Last updated: May 17th, 2016

 

Like every service operator, we also capture, process and use data as part of our service of offering tourist services online via the internet (the “service”). The protection of your personal data as a part of all the services we provide is very important to us. Therefore we gather, process and use your personal data exclusively in accordance with the applicable legal regulations.

In this privacy statement we explain how we handle your personal data as part of your use of our web-site.

The party responsible for data protection is Travelove s.r.o., ID: 03296814, registered office Křižíkova 237/36a, Karlín, 186 00 Praha 8, led by Municipal Court in Prague under file. Ref. 230021 C (“weor “Travelove”) as well as those companies affiliated with Travelove, to whom you have given the appropriate consent for the use of your personal data.

We reserve the right to adjust the content of this privacy statement from time to time. It is therefore advisable to periodically review this privacy statement.

 

1. General Information

We commit ourselves to observe the applicable data protection laws, in particular, the provisions of the Czech Law no. 101/2000 Coll., on the protection of personal data for the purpose of providing services under the contract and creating Client database and the Czech Law no. 480/2004 Coll., on certain services of information society to the electronic contact address of participants.

 

2. Personal Data

Personal data is specific information about personal or factual circumstances regarding an identified or identifiable natural person. This includes information such as your name, your address and email address or your phone number.

 

3. Processing and Using Your Data

3. 1. We collect, process and use the personal data you provided to us to the extent required, for the following purposes:

  • Provision and Execution of the Contract
  • Data that you provide in your non-binding inquiry such as your name, email address, mobile phone number, postal address and the information provided depending on the services used.
  • We collect, process and use transaction data relating to your activities on the websites (such as purchases and content which you generate or associate with your account).
  • Billing and other data which you specify for the purchase.
  • Data which is transmitted as part of community discussions, reviews, chats and correspondence on the website or by email, fax or postal mail.
  • Other personal data which we ask you for.
  • If you voluntarily provide us with additional personal data during the ordering process, these will also be used to implement the conditions of use. All personal data collected during ordering will be stored by us for as long as the contract is being executed. This is subject to our General Terms and Conditions.
  • Establishing Contact: If the user shares personal data for the purpose of establishing contact, we will store this data only for as long as it is required for the purpose of communication, customer contact and project planning and implementation. Once the personal data is no longer required by us for these purposes, it will be immediately deleted.

3. 2. Additionally, we collect anonymous technical data, such as the name of your internet service provider, internet browser and operating system, screen resolution and information about the web-sites that directed you to us, the number and date of your visits, your average time on our site and which of our websites you visited. This data is stored automatically. The evaluation is done anonymously and exclusively for statistical purposes with the goal of continuing to improve our web presence for you.

 

4. Transfer of Personal Data

Travelove will not share your personal data with third parties, unless you have previously given your express permission or unless the transmission is required or permissible by law. We will in particular not sell or otherwise market your data to third parties. Transfers of data to government institutions and authorities is done only within the scope of mandatory national legal requirements. Our employees and partners are obligated by us to maintain secrecy and to comply with legal data protection regulations.

 

5. Cookies and Google Analytics

5. 1. We use cookies in order to recognize you as a user during the use of the service and to store technical data for the correct functioning of the website on your computer. A cookie is a text file that is stored on your computer and which allows an analysis of your use of the website. With this cookie, we store only each random session and the serial number of your visit.

5. 2. If you do not wish to use cookies, you can block their use in your browser. However, as a result of blocking cookies, it is possible that you may be unable to use certain areas of our website.

5. 3. Travelove uses Google Analytics, a web analytics service of Google Inc. (“Google”). Google Analytics also uses cookies (see paragraph 5.1). The information generated by cookies about your use of the website is usually transferred to a Google service in the United States and stored there. In case IP anonymization is activated on this website, Google will truncate your IP address within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be first transferred to a Google server in the United States and truncated there. Google will use this information on the behalf of Travelove as the operator of this website for the purpose of evaluating your use of our website, to compile reports for Travelove on website activities and for providing other services related to website use and internet use. The IP address that your browser sends as part of Google Analytics will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however we would like to point out that if you do this, you may not be able to fully use all the functions of our website. You can also prevent the data generated by the cookie about your use of our website (including your IP address) from being sent to Google and the data from being processing by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

 

6. Use of Data for Marketing Purposes / Consent

6. 1. Based on your declaration of consent, Travelove processes and uses your personal data when applicable for marketing activities, such as for sending emails with general information or advertising information (newsletters).

6. 2. We wish to obtain the following declaration of consent from you:

I agree that every month, Travelove will send me exciting travel tips, free experiences and new destinations by email. You may revoke this consent with Travelove at any time without observing any form (for example, by telephone or by email).

6. 3. You can revoke your declarations of consent with us with future effect at any time. Additionally, if we use your personal information as permissible by law, for example for marketing activities by mail, you may object to this use. All that is necessary in both cases is to send an email to the following address: info@mytravelove.com.

 

7. About Data Collected From Mobile Devices

7. 1. When you download data, or access our webpage optimized for mobile devices, we may, as described above in this declaration, collect information about you and your mobile device. This many include data about your location. On most mobile devices, you can control or disable location services in the settings menu. If you have questions about how to disable location services on your device, we recommend that you contact your mobile service provider or the manufacturer of your device.

7. 2. If we collect additional personal data which is transmitted as a result of your accessing our website with a mobile device, we will obtain your express consent in advance.

 

8. Data Collected From Other Sources

We may collect additional information about you from third parties in order to supplement our ac-count information. This information may be, among other things, demographic and navigation data.

 

9. Data Storage

Your personal data will be stored for only as long as necessary for the purposes stated in this privacy statement or for as long as we are required by law or legally obligated to store this information.

 

10. Right of Access, Rectification, Deletion

You have the right at any time to receive information free of charge about your personal data stored with us. If your data is stored incorrectly or wrongly by us, we will gladly correct, block or delete it. Please inform us of any changes to your data immediately.

Please direct requests for information, questions, complaints or suggestions to the following ad-dress:

Travelove s.r.o.

Křižíkova 237/36a

186 00 Praha 8

+ 420 775 012 840

info@mytravelove.com