General Terms and Conditions of Impact Travel, Inc., a Delaware Corporation (acting as an agent) and Travel Service Providers (acting as the principals)
These General Terms and Conditions (hereinafter referred to as “General T&C”) are structured as
I. General T&C of Impact Travel, Inc., a Delaware Corporation (acting as an agent)
II. General T&C of Travel Service Providers (acting as the principals)
Impact Travel, Inc., (hereinafter referred to “Impact Travel”) provides this booking platform for the use of visitors as well as of principal providers of travel services. All contractual relationships shall be directly established between users (hereinafter referred to as “users” or “travel clients” or “clients”)) and principal travel service providers (hereinafter referred to as “Providers”). Impact Travel shall not be a party to any contracts established in relation to travel services and other services booked, unless Impact Travel is explicitly identified as principal provider of such services within respective booking confirmations/vouchers.
I. Impact Travel, Inc. – General T&C for offers published online at www.verygood.travel
Impact Travel operates an online platform facilitating the sale of travel services as online offers via internet, apps (hereinafter collectively referred to as the “Services” or the “Platform”). The Platform offers users a wide variety of travel services, activities and experiences available for booking worldwide. Such offers are published online on the Platform by the Providers. All contracts established in relation to travel services accordingly on offer (hereinafter referred to as “Travel Service Agreement”) shall be concluded with the Providers as principal providers of such travel services.
1. Objective of Part I of these General T&C
1.1. These General T&C shall apply in relation to any use of the Services, be it via the website or through apps. The contractual relationship between travel clients and Impact Travel shall generally cover the booking of travel services pertaining to Providers, which are merely facilitated by Impact Travel acting as an intermediary. Unless Impact Travel is explicitly identified as principal provider of a travel service, Impact Travel shall neither act as principal tour operator, travel packager, lessor, selling partner nor as any other principal contracting party within the Travel Service Agreement established with the travel client. For the offers on Impact Travel and the arrangement of Travel Service Agreements between travel clients and Providers, Part I of the General T&C shall apply. In relation to each Travel Service Agreement per se established between travel clients and Providers the contractual terms and conditions according to Part II of these General T&C shall apply.
2.1. The offers displayed on the Impact Travel website or apps may be used anonymously.
2.2. In specific cases of use of Impact Travel’s website or apps, such as generating a booking, registration becomes necessary. When registering, the travel client completes and sends an electronic registration form and agrees to the General T&C being applied. Registration by Impact Travel is only completed once the user confirms or verifies the email address provided by the travel client. Only natural persons who have reached the age of 18 years may qualify for registration.
3. Impact Travel Inc.’s Services / Conclusion of Agreements
3.1. Once the travel client has entered the required information on Impact Travel’s website or apps (e.g. destination, type of tour, time of departure, number of participants and pricing option) Impact Travel shall provide the travel client with information related to the services of certain Providers (hereinafter referred to as “Service Information”). On the basis of the displayed Service Information, the travel client may, possibly after verifying the Service’s availability, make an offer to conclude a Travel Service Agreement, which shall subsequently be forwarded to the respective Provider. This is done by clicking the button “Book now” (binding booking resulting in a payment obligation).
3.2. Such an offer shall be binding for the travel client for a period of five (5) days (see clauses 3 and 5 in Part II of the Provider General T&C).
3.3. Impact Travel shall notify travel clients of any general terms and conditions applied by Providers for the provision of their services to travel clients if and as far as such conditions are applied as a contractual basis in addition to the General T&C as provided hereunder in Part II.
3.4. Impact Travel shall on behalf and in the name of the relevant Providers issue booking confirmations to travel clients as well as confirmations of payment. The usage of the Services per se shall be free of charge for the travel clients. Any costs incurred for technical access to the Website and/or Services (e.g. internet access) shall be borne by the client. Impact Travel, is duly authorized by the Providers to collect invoiced payments on the Providers’ behalf and on their account.
3.5. Impact Travel, shall, upon receipt from the Provider, forward any data necessary in order to utilize the Provider’s travel services in accordance with the applicable conditions to the travel client (e.g. ticket data).
3.6. Impact Travel shall bear no warranty whatsoever, neither for the accuracy of Providers’ data which may be forwarded to the travel client nor the due performance of services performed by the Provider, given that all information and data displayed by Impact Travel originates from the respective Providers or third parties and it is thus impossible for Impact Travel to verify each service option provided.
4. Collection of Client Payments by Impact Travel, Inc.
4.1. The provisions of each Provider’s service contract shall define the rates and tariffs chargeable to and payable by a travel client in consideration of the Provider providing certain services to the travel client. With regards to the rates and tariffs, Impact Travel is duly authorized by all Providers to issue and submit to each of the Provider’s respective travel clients invoices on the Provider’s behalf.
4.2. Impact Travel is duly authorized to collect all payments from invoiced travel clients on each Provider’s behalf in accordance with clause 3.4 of these General T&C, unless explicitly stipulated otherwise on an invoice from the Provider. If any rates are payable in a currency other than the travel client’s domestic currency (foreign currency claim), Impact Travel shall be entitled to charge and invoice the respective amount in the travel client’s domestic currency calculated based on the current exchange rate and will be entitled to add a competitive currency exchange fee.
4.3. A travel client’s Provider shall be that client’s sole contact in relation to the performance of travel services by the Provider as well as in relation to the rates payable in consideration of the same. A travel client may only claim refunds of rates paid to a Provider from the respective Provider. The Provider may in turn request Impact Travel handle respective refunds on the Provider’s behalf.
4.4. Travel clients must register for the use of Impact Travel payment functions. When registering, travel clients are required to enter correct payment-related information and are required to update the same without undue delay in the event of any changes occurring. Impact Travel shall be entitled to reject the means of payment entered by a travel client. Within the booking process, travel clients shall be informed as to what means and instruments of payment are admissible.
4.5. All prices displayed on the Services and/or Website shall apply per person and will include all applicable taxes, fees and levies. Impact Travel, Inc. shall explicitly indicate local taxes or fees if same are payable at the destination, where available.
5. Obligations and Duties of the Travel Clients’
5.1. Travel clients shall treat registration data (usernames and passwords) as confidential and take the necessary precautions to not allow third parties access into their Services account. Any use of the Services and/or Website under a travel client’s registration data shall be the responsibility of the respective travel client.
5.2. Upon the receipt of service information, a travel client may make a booking, which will be subsequently forwarded by Impact Travel to the respective Provider.
5.3. The travel client shall indemnify Impact Travel from any third-party claims arising as a result of that travel client’s use of Impact Travel, unless such third-party claims fall under Impact Travel’s responsibility.
6. Insurance Information
6.1. All prices allocated to travel services shall generally not include any insurance coverage. Travel clients shall be solely responsible to secure adequate insurance coverage.
6.2. Impact Travel hereby informs travel clients about the option to secure travel cancellation insurance coverage when booking a travel service, thereby minimizing the incurrence of cancellation costs. Such travel cancellation insurance coverage is generally recommended.
6.3. The travel client is further informed that any costs incurred as a consequence of the client prematurely terminating the ongoing utilization of travel services (even if for reasons not caused by the travel client) can only be covered by securing additional travel interruption insurance coverage. An ordinary travel cancellation policy shall not be sufficient in such cases.
6.4. Impact Travel recommends securing an adequate travel health insurance policy prior to travel.
7. Availabilities and Warranties
7.1. Impact Travel assumes no responsibility whatsoever as to the correctness and completeness of data provided by third parties (e.g. that of subcontractors, providers).
7.2. Moreover, Impact Travel shall bear no responsibility for the performance of travel services offered by Providers, unless Impact Travel acts as the principal provider of such services. A travel client’s Provider shall be that client’s sole contact in relation to questions relating to claims and the performance of travel services.
7.3. Unless Impact Travel acts as principal provider of travel services, Impact Travel undertakes no warranty or responsibility for travel services and their performance.
8. Impact Travel, Inc.’s Liability
8.1. Unless Impact Travel has explicitly undertaken a contractual duty to this effect, it shall in no way be liable for the successful establishment of a contractual relationship between a travel client and a Provider in relation to travel services which the client has booked.
8.2. Unless explicitly agreed to or undertaken otherwise, Impact Travel shall not be liable in any way for travel services provided, neither for defaults of performance nor for any personal injury or property damage suffered by travel clients utilizing Impact Travel’s Services.
8.3. Impact Travel’s liability shall be limited to an amount equaling three times the rate charged for the respective travel service with the exception of
a) any material breach of duty or obligation on the part of Impact Travel, the due performance of which is indispensable for Impact Travel brokering a travel service or a breach which jeopardizes due fulfilment of a travel service contract’s purpose.
b) any liability for damages suffered by a travel client resulting in a bodily injury, illness or death as well as those which have arisen as a direct consequence of Impact Travel’s negligence or as a direct result of any willful or negligent misconduct of Impact Travel’s representatives or persons assisting Impact Travel in the performance of its contractual obligations (e.g. employees, subcontractors).
c) Impact Travel ‘s liability for any other damages suffered by travel clients, which have arisen as a direct consequence of a grossly negligent breach of obligations committed by Impact Travel or any willful or grossly negligent breach of such obligations committed by Impact Travel’s representatives or persons assisting Impact Travel in the performance of its contractual obligations (e.g. employees, subcontractors).
8.4. In cases of simple negligence, Impact Travel shall only be liable for breaches of material contractual obligations and only in relation to damages foreseeably and typically arising as a consequence. Contractual obligations are material if fulfilment is indispensable for the due performance of a contract and if the travel client may normally rely on its due fulfilment.
8.5. Limitations of liability shall neither apply in cases of breach of warranties and representations nor in relation to damages resulting in bodily injury, illness or death nor in relation to claims pursuant to the German Product Liability Code (Produkthaftungsgesetz).
A registered user may terminate his/her registration at any time by deactivating his/her user account. Impact Travel shall be entitled to terminate any user registration after giving one week’s prior notice. Claims, which may have originated prior to the termination of an account, shall remain unaffected by such termination. Any rights of extraordinary termination shall remain unprejudiced.
10. Data Privacy
10.1. Impact Travel generates and uses the personal data of travel clients to the extent necessary for Impact Travel to establish, duly fulfill, and amend contractual relationships between travel clients and Impact Travel.
10.2. To the extent that Impact Travel is involved in the communication between a travel client and the relevant Provider, Impact Travel shall submit all data necessary for that contractual relationship to the Provider. The Provider shall process and use such data to prepare and establish a contractual relationship and to fulfill its obligations as a provider. Each Provider’s identity is disclosed within each relevant booking dialogue.
10.3. Further information in this concern is stipulated in Impact Travel‘s data privacy conditions which can be found at: https://support.verygood.travel/hc/en-us/articles/115003712486-Privacy-Policy.
11.1. Applicable law shall be the laws of the Federal Republic of Germany. All client orders placed by consumers who, at the time of placing their order, resided in a foreign country outside of Germany, the application of compulsory statutory regulations of such foreign country remain applicable despite the aforementioned applicability of German law. Osnabrück shall be the place of exclusive jurisdiction in all cases where the client is a merchant (Kaufmann) in accordance with the German Commercial Code or where the client, at the time when a claim is filed, does not have a residence in Germany. Compulsory places of jurisdiction provided by law remain unprejudiced.
11.2. If any part of these General T&C is or becomes invalid or void this shall have no effect on the remainder of the same, which will remain valid.
II. General Terms and Conditions of Travel Service Providers
Part II of these General T&C shall apply to all contractual relationships established between Service users / travel clients and each respectively relevant Provider of travel services as far as no complementing or contrary conditions have been validly agreed upon by the user / travel client and the Provider.
1. Additional Conditions for Participation or Transport
To the extent that a Provider, in addition to these General T&C Part II, agrees to apply additional conditions of participation or carriage with regards to its contractual relationship with travel clients, the travel client shall be solely responsible for acting in compliance with such additional conditions. Each Provider reserves the right to exclude and/or disqualify clients failing to comply with the stipulated conditions.
2.2. Unless agreed otherwise, a non-refundable down payment equal to of 20% shall be due upon the establishment of a contractual relationship and payable upon receipt of an invoice by the travel client.
2.3. The remaining amount shall be payable 30 days prior to the date at which the provision of a travel service commences.
2.4. In the event that a client fails to make timely payments (prepayment or remainder payment) in accordance with the defined due dates, the Provider shall be entitled to – following a reminder setting a last payment date – cancel the client’s booking by way of the Provider declaring such cancellation or by way of Impact Travel declaring same on the Provider’s behalf. In the event a travel client does not pay, the Provider shall be entitled to charge the travel client with cancellation fees in accordance with the cancellation policy set out in Clause 5 hereunder.
3. Information about Right to Rescind
3.1. The Provider herewith informs the client that with regard to travel services, in accordance with the statutory provisions (sections 312 par. 2 no. 4, 312g par. 2 sentence 1 no. 9 of the German Civil Code), clients have no right to rescind contracts concluded remotely (i.e. via Impact Travel). A client’s rights are thus limited to the statutory cancellation rights.
4. Unpaid Services
In the event that a travel client should fail to pay booked travel services in accordance with the respectively applicable payment dates, despite the Provider being prepared and able to duly provide same and despite of the client having no contractual or statutory right to retain such payments, the Provider shall be entitled to - following a reminder setting a last payment date – cancel the client’s booking and charge the client with fees in accordance with the cancellation policy set out in Clause 5 of Part II of the General T&C, hereunder.
5. Cancellation Fees
5.1. If a travel client cancels the booked travel service the following cancellation policy shall apply, which the travel client shall have been informed about by Impact Travel prior to placing the booking and which are in addition mentioned on the booking confirmation.
5.2. In the event that the Provider’s confirmation does not define any other cancellation policy, the following fees shall be charged to the client:
a) up to 30 days prior to commencement of the booked travel service: 20%
b) as of 29 days prior to commencement of the booked travel service: 40%
c) as of 14 days prior to commencement of the booked travel service: 60%
d) as of 5 days prior to commencement of the booked travel service or in case of a no show: 90%
5.3. The travel client shall be free to establish proof that the Provider has not incurred any costs due to the client’s cancellation or merely costs which are substantially lower than the fees claimed in accordance with the above listing.
5.4. The Provider reserves the right to instead of the fees defined in above listing, claim a higher, concretely calculated compensation, if the Provider can prove that it has incurred costs which are substantially higher than the aforementioned standard amounts. In such cases, the Provider shall be obliged to concretely calculate such higher costs, providing sufficient proof for the incurrence of same thereby taking into consideration any costs which have remained unexpended or any revenues possibly generated by way of alternative utilization of the cancelled services.
6. Itinerary Changes
6.1. The Provider reserves the right to apply minor itinerary changes, if this becomes necessary due to unavoidable or unforeseeable circumstances.
7. Cancellation Right due to not Reaching Minimum Participant Limit
7.1. The Provider shall be entitled to cancel a travel service if a minimum amount of participant bookings are not generated in accordance with the following rules:
7.1.2. The minimum number of participants and the latest time at which a booking may be cancelled by the Provider due to not reaching such minimum must be mentioned, either specifically within the advertisement pertaining to the booked travel service or generally in the Provider’s general service descriptions.
7.1.3. The minimum number of participants and the latest time at which a booking may be cancelled by the Provider due to not reaching such minimum must be mentioned in the Provider’s booking confirmation.
7.1.4. The Provider shall be obliged to without undue delay inform travel clients of such cancellation once it has been ascertained that the travel service shall not be performed due to not reaching a minimum number of bookings.
7.1.5. Any cancellation by the Provider that is communicated later than 30 days prior to commencement of the affected travel service shall not be allowed, unless otherwise agreed individually in relation to the due date of the remainder payment and the cancellation notice period.
7.1.6. If a travel service shall not be performed for such reason the client shall be fully refunded any and all payments previously paid to the Provider.
8. Passport, Visa and Health Regulations; Travel Insurance
8.1. The Provider shall duly inform all EU state citizens in which a travel service is offered about passport, visa and health regulations prior to concluding contractual relationships as well as about any amendments of same prior to departure. For citizens of other states the relevant consulate of such state will be able to inform the client accordingly. All information accordingly provided by the Provider is given under the assumption that the travel client and accompanying persons are not subject to special, extraordinary circumstances (such as e.g. double citizenship or statelessness).
8.2. The travel client shall be solely responsible for duly procuring and carrying all necessary travel documents when travelling, moreover for any possibly necessary vaccinations having been made and for any applicable customs and/or foreign currency regulations being complied with. Any disadvantages resulting from the client failing to observe such regulations, such as the payment of cancellation fees consequently charged by the Provider shall solely be borne by the client. This shall however not apply if the Provider has failed to inform the client accordingly.
8.3. The Provider shall in no way bear any liability for timely issuance of visa by or receipt of same from the competent consulate or embassy, if the Provider has been assigned by the travel client with applying for respectively necessary documents, unless the Provider has at least negligently breached its respective obligations.